Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

US Supreme Court To Rule On Cops Who Get Law Wrong (traffic stops)
the Newspaper ^ | 08/04/2014 | n/a

Posted on 08/04/2014 11:32:56 AM PDT by Ken H

click here to read article


Navigation: use the links below to view more comments.
first 1-2021-4041-6061-8081-94 next last

1 posted on 08/04/2014 11:32:56 AM PDT by Ken H
[ Post Reply | Private Reply | View Replies]

To: null and void

Ping!


2 posted on 08/04/2014 11:35:37 AM PDT by Slings and Arrows ("Your Daddy Was Drunk and Your Mama Was Lonely" - http://youtu.be/4HYy62qiOwA)
[ Post Reply | Private Reply | To 1 | View Replies]

To: BuckeyeTexan

SCOTUS ping.


3 posted on 08/04/2014 11:36:52 AM PDT by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Ken H

If ignorance of the law is not an excuse for a civilian, then, a law officer should be expected to have just a much knowledge of the law as the civilian. In fact, the law officer is expected to have a lot more knowledge of the laws which he/she is enforcing.


4 posted on 08/04/2014 11:39:02 AM PDT by adorno (Y)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Ken H

This ridiculous Court? Of course they will have no problem with this.


5 posted on 08/04/2014 11:40:32 AM PDT by RIghtwardHo
[ Post Reply | Private Reply | To 1 | View Replies]

To: adorno

Sadly, they will never buy your reasonable argument.


6 posted on 08/04/2014 11:41:18 AM PDT by RIghtwardHo
[ Post Reply | Private Reply | To 4 | View Replies]

To: Ken H
police ought to have the same duty as citizens to know and obey the law.

Otherwise the cop could make up an imaginary law to justify the stop as an excuse to search a vehicle.

7 posted on 08/04/2014 11:41:32 AM PDT by Blood of Tyrants (The cure has become worse than the disease. Support an end to the WOD now.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Ken H

If it is legal for the lawmen to break the law then it is legal for their bosses the citizens to break the law.


8 posted on 08/04/2014 11:42:40 AM PDT by mountainlion (Live well for those that did not make it back.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Blood of Tyrants

Cops already routinely stop vehicles whenever they want to, for spurious or made-up reasons. Usually it doesn’t end up becoming an issue in a trial.


9 posted on 08/04/2014 11:44:01 AM PDT by Oberon (John 12:5-6)
[ Post Reply | Private Reply | To 7 | View Replies]

To: RIghtwardHo
Nothing to see here. Move along.


10 posted on 08/04/2014 11:44:06 AM PDT by Uncle Miltie (The GOP-e scum enlisted Democrats to steal the Republican primary. The GOP-e can go to Hell.)
[ Post Reply | Private Reply | To 5 | View Replies]

To: RIghtwardHo

They sincerely have an assumption of elitism - gov’t and agents thereof are a separate and special class.


11 posted on 08/04/2014 11:45:24 AM PDT by MrB (The difference between a Humanist and a Satanist - the latter admits whom he's working for)
[ Post Reply | Private Reply | To 6 | View Replies]

To: Ken H

Police are only trained to shoot dogs ,special Muslim training Sir


12 posted on 08/04/2014 11:45:40 AM PDT by molson209 (Blank)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Ken H

I was under the impression the cops could stop you for nothing at all (ie. checkpoints)

So I don’t see why it would be an issue if they stopped you for something they mistakenly thought was against the law, since they could stop you for nothing if they wanted.


13 posted on 08/04/2014 11:46:02 AM PDT by TexasFreeper2009 (Obama lied .. the economy died.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Blood of Tyrants
Otherwise the cop could make up an imaginary law to justify the stop as an excuse to search a vehicle.

I'm half convinced they'd do this anyway.

14 posted on 08/04/2014 11:47:27 AM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
[ Post Reply | Private Reply | To 7 | View Replies]

To: Ken H

Had a cop try to give me a ticket for turning left on red. No one told him in Ga you turn left on red after yielding if you completely stop AND it’s a one way turning on a one way. After radioing in he let me go.


15 posted on 08/04/2014 11:48:46 AM PDT by autumnraine
[ Post Reply | Private Reply | To 1 | View Replies]

To: yorkiemom; null and void; laplata; Gluteus Maximus; Salvavida; Foundahardheadedwoman; baddog 219; ..

CWII Spark — When those tasked with “enforcing” the law have no requirement to KNOW the law, everything they do is susceptible to questioning as ‘arbitrary’.


16 posted on 08/04/2014 11:49:56 AM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Ken H

I am of the opinion that this comes down to a detention, or a custodial or non-custodial stop. In a non-custodial stop, the citizen is not required to identify, or even engage with the officer in any way. This is no different than being approached by someone on the street.

The next level of stop is detention. I believe that the Terry vs Ohio ruling establishes “reasonable suspicion” as the criteria or the stop and question.

The highest level is a custodial stop. This should require probable cause.

As I see this particular situation, the officer had “reasonable suspicion” that a broken tail light was a traffic violation.


17 posted on 08/04/2014 11:51:31 AM PDT by taxcontrol
[ Post Reply | Private Reply | To 1 | View Replies]

To: TexasFreeper2009
I was under the impression the cops could stop you for nothing at all (ie. checkpoints)

Well, they do. But "officially" it should only be when they think you're about to commit a crime, are committing a crime, or have committed a crime.

Things like checkpoints are considered to be an exception to that rule. Courts have signed off on the practice, so long as certain criteria are met.

18 posted on 08/04/2014 11:52:58 AM PDT by gdani (Every day, your Govt surveils you more than the day before)
[ Post Reply | Private Reply | To 13 | View Replies]

To: Ken H

1) I have a hard time believing the sheriff didn’t know that it was legal to drive with one functioning taillight. I could understand confusion over a more obscure traffic law, but you’d think every LEO in NC would know the taillight regulations.

2) Even if we assume the sheriff was sincerely mistaken, I think the court should throw out the search, as if they deem this stop acceptable, some cops (not all or even most but some) around the country will start “forgetting” traffic laws, in order to make random stops without reasonable suspicion, much less probable cause.

I wouldn’t be shocked it the court punts this one, by saying that since the suspects consented to the search, the point about whether the stop was legal or not is moot.


19 posted on 08/04/2014 11:55:00 AM PDT by Above My Pay Grade (The people have the right to tell government what guns it may possess, not the other way around.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Ken H

So is this the “Well there oughta be a law...” defense?


20 posted on 08/04/2014 11:57:59 AM PDT by chrisser (Senseless legislation does nothing to solve senseless violence.)
[ Post Reply | Private Reply | To 1 | View Replies]


Navigation: use the links below to view more comments.
first 1-2021-4041-6061-8081-94 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson