Author Topic: SCotUS ruling in Utah v Strieff: lol 4th Amendment  (Read 1709 times)

Balog

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brimic

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Re: SCotUS ruling in Utah v Strieff: lol 4th Amendment
« Reply #1 on: June 20, 2016, 03:47:36 PM »
Ouch:(
I might be a bit off, but that case looks like the Supreme Court is affirming the a police power to use 'fruit of the poison tree' as legitimate evidence.
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230RN

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Re: SCotUS ruling in Utah v Strieff: lol 4th Amendment
« Reply #2 on: June 20, 2016, 04:05:16 PM »
Sotomayor dissented?  Not that I'm an expert on SCOTUS affairs, but I'm surprised.  Should I be?

I swear, sometimes I think they all retire to their chambers and flip coins, then tailor their writings to what the coin said.

Anyhow, this seems to lend authority to NYC's stop and frisk procedures.

"Ihre papiere, bitte."

Terry


WHATEVER YOUR DEFINITION OF "INFRINGE " IS, YOU SHOULDN'T BE DOING IT.

RevDisk

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Re: SCotUS ruling in Utah v Strieff: lol 4th Amendment
« Reply #3 on: June 20, 2016, 04:06:15 PM »

In the past, police officers have been allowed to frisk you for no reason. But solely to check for weapons. Anything found that could NOT 'reasonably' be considered a weapon would be inadmissible in court. Usually, generally, kinda sorta. Govt did not like that they couldn't shake folks down when and where they please.

This isn't a huge loss of freedom, because it relies on the victim being guilty of some minor or tiny infraction before officers can get away with illegally (note, admittedly and expressly illegal under the Constitution) searching folks. So, they shake you down, run your ID, and if you have some tiny unpaid parking fine anywhere their database can reach, anything ELSE they find on you is now admissible because "costs of exclusion outweigh its deterrent benefits".


Justice Sotomayor actually put forth a pretty good pro-Constitution dissent.
"Rev, your picture is in my King James Bible, where Paul talks about "inventors of evil."  Yes, I know you'll take that as a compliment."  - Fistful, possibly highest compliment I've ever received.

Balog

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Re: SCotUS ruling in Utah v Strieff: lol 4th Amendment
« Reply #4 on: June 20, 2016, 04:09:27 PM »
Sotomayor dissented?  Not that I'm an expert on SCOTUS affairs, but I'm surprised.  Should I be?

I swear, sometimes I think they all retire to their chambers and flip coins, then tailor their writings to what the coin said.

Anyhow, this seems to lend authority to NYC's stop and frisk procedures.

"Ihre papiere, bitte."

Terry




This Constitutional violation will predominately be used against minorities, so it's ok for the wise latina to get her Constitution on. The commies also generally rule against the police to appease their Felon-American constituency.
Quote from: French G.
I was always pleasant, friendly and within arm's reach of a gun.

Quote from: Standing Wolf
If government is the answer, it must have been a really, really, really stupid question.

230RN

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Re: SCotUS ruling in Utah v Strieff: lol 4th Amendment
« Reply #5 on: June 20, 2016, 04:11:38 PM »
"Outweigh."

"Reasonable."

"Compelling interest."

I swear, they seem to be in the business of making future cases for themselves.

Like, for job security.

Oh, wait...

This Constitutional violation will predominately be used against minorities, so it's ok for the wise latina to get her Constitution on. The commies also generally rule against the police to appease their Felon-American constituency.

Oh, right, right, right.  Okay.  Gotcha.  Thanks for the explanation.

That voids my coin-flipping theory.

Terry
WHATEVER YOUR DEFINITION OF "INFRINGE " IS, YOU SHOULDN'T BE DOING IT.

Sindawe

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Re: SCotUS ruling in Utah v Strieff: lol 4th Amendment
« Reply #6 on: June 21, 2016, 12:45:51 AM »
Shaka, when the walls fell.  :mad:
I am free, no matter what rules surround me. If I find them tolerable, I tolerate them; if I find them too obnoxious, I break them. I am free because I know that I alone am morally responsible for everything I do.

cassandra and sara's daddy

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Re:
« Reply #7 on: June 21, 2016, 07:18:43 AM »
Reading the entire ruling made it less objectionable for me it is indeed in the details
For example one of the major errors was the cop didn't write down what time's Streif entered the house so you couldn't prove that he was a short-term visitor
In previous rulings have established that when a cop stumbles across evidence even though the initial stop might not have been kosher so long it was not a deliberate error they allow it

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It is much more powerful to seek Truth for one's self.  Seeing and hearing that others seem to have found it can be a motivation.  With me, I was drawn because of much error and bad judgment on my part. Confronting one's own errors and bad judgment is a very life altering situation.  Confronting the errors and bad judgment of others is usually hypocrisy.


by someone older and wiser than I