Posted on Jun 21, 2016
CW5 Andrew J. Foreman
15.8K
254
113
5
5
0
1740c12c
Please read the ruling of the Supreme Court of an unwarranted stop that discovered an arrest warrant. http://www.foxnews.com/politics/2016/06/21/supreme-court-ruling-on-police-powers-draws-scathing-dissents-from-justices.html?intcmp=hplnws
Avatar feed
See Results
Responses: 30
SSG Program Control Manager
2
2
0
Edited 8 y ago
This is a huge expansion of police powers and will encourage some police to stop people for no reason and see if they can find a reason to arrest them.
(2)
Comment
(0)
SSG Program Control Manager
SSG (Join to see)
8 y
GySgt Stephen Anderson - It's not really about the arrest, it's about the ability to stop you and go looking or a reason to arrest you. It's not something that most police officers would do... however, there is occasionally the sadistic bastard who doesn't have a problem abusing his authority, especially on people who don't have the economic means to do anything about it.
(0)
Reply
(0)
Avatar small
SGT Jerrold Pesz
2
2
0
As a private citizen I don't like the idea of being stopped and searched without probable cause. However when I was doing the stopping I had less problem with it. Sort of depends on which side of the stop you are on.
(2)
Comment
(0)
SGT Jerrold Pesz
SGT Jerrold Pesz
8 y
Sort of like people objecting to the police ignoring the 4th Amendment to make a stop but having no problem with putting people on a terrorist watch list and taking away their rights without due process. Not saying that you are guilty of that but many are.
(0)
Reply
(0)
SGT Lou Meza
SGT Lou Meza
8 y
Actually the 4th amendment applies to all citizens no matter which side you're on .
(2)
Reply
(0)
SGT Jerrold Pesz
SGT Jerrold Pesz
8 y
MAJ Carl Ballinger - Really? If it is used to deny me the right to have a gun it is being used to punish me. In fact if it is used to deny me the right to board a plane it is taking away my freedom without due process.
(0)
Reply
(0)
CSM Information Operations Planner
CSM (Join to see)
8 y
MAJ Carl Ballinger - Not sure established case law is as clear as you seem to make it sound. US jurisprudence has a long-established right to travel which cannot be taken away without due process (dating at least as far back as the Articles of Confederation, where it was explicitly mentioned, and now being generally found within the 'privileges and immunities' clause). Air travel itself is specifically authorized in 49 USC § 40103, "A citizen of the United States has a public right of transit through the navigable airspace."

Sure, we could be pedantic and argue whether the right to travel plus the right to transit through airspace *really* add up to a right to board commercial airlines, but it's pretty clear that government restrictions such as a no-fly list (should) have a due-process burden which (should) need to be met at some point.
(1)
Reply
(0)
Avatar small
SSgt Ryan Sylvester
2
2
0
Here in Detroit, police have a "Stop and Frisk" allowance where they can stop anyone on the street and frisk them for weapons (and any other bits that may be evidence to a crime). Why? Because we have a serious problem regarding felons carrying weapons illegally. And there's a major heroin problem on the streets, as well. Not that I've seen it done or anything, but I'm all for giving the police a little more power to do their jobs without having to witness a crime in progress or searching for a suspect after the fact. And I don't hear much about them abusing this power by stopping and searching every Tom, Dick and Harry walking around Detroit. What I do know is that there are far too many murders going on downtown, and a good majority of the ones that are caught are people who shouldn't actually be carrying a firearm at all.
(2)
Comment
(0)
SSG Program Control Manager
SSG (Join to see)
8 y
SSgt Ryan Sylvester - So your position is that since this basic human right has already been heavily abrogated by police, there is little harm in making it official. My position is that police powers are already to broad and that we need to reign them in a bit. I can respect a police officers "gut" feelings, however unless he has a concrete reason to stop someone... he should leave them alone.
(0)
Reply
(0)
SSgt Ryan Sylvester
SSgt Ryan Sylvester
8 y
SSG (Join to see) - Not what I was saying at all. The cops have a wide latitude, maybe a little too wide in some cases, sure. I've had a couple times where a patrolman tried to get me to drift between lanes driving late at night, so he could initiate a stop. Sometimes it gets a little screwy out there. But that heavy abrogation you mentioned, and what I was referring to, has been done by the federal government and ruled on by SCotUS previously. What I was saying is that it's just not surprising that they'd rule this way on this issue. That's all.
(1)
Reply
(0)
SSG Program Control Manager
SSG (Join to see)
8 y
SSgt Ryan Sylvester - I realize that this isn't really a liberal vs. conservative issue, however it is an authoritarian vs. libertarian issue and I'm disappointed to see the court lean toward authoritarianism.
(1)
Reply
(0)
SSgt Ryan Sylvester
SSgt Ryan Sylvester
8 y
SSG (Join to see) - In this case, yes. This has too wide of an application and no clearly defined purpose. Besides that, with an already broad interpretation of what constitutes "probable cause" to initiate a stop and the fact that this officer was ruled as not even meeting that low bar, it's pretty unconscionable for SCotUS to have ruled as they did. Not surprising, but certainly not correct. In my opinion.
(0)
Reply
(0)
Avatar small
ENS Naval Officer   Ip Student
2
2
0
I haven't heard of this. I disagree, but I need to read more into it. 4th amendment right.
(2)
Comment
(0)
CW5 Andrew J. Foreman
CW5 Andrew J. Foreman
8 y
Yes 4th Amendment against warrantless searches and probable cause to stop someone. In this case there was not probable cause to stop the individual.
(1)
Reply
(0)
ENS Naval Officer   Ip Student
ENS (Join to see)
8 y
CW5 Andrew J. Foreman - Then regardless of what they found it shouldn't be admissible.
(1)
Reply
(0)
Avatar small
CWO3 Us Marine
1
1
0
I support the Constitution as written, so no need to expound about which amendments. They need to do their job correctly and follow the law, and giving them this leeway opens the door for abuse by any that might choose to do so. We are expected to maintain license, registration, and insurance so it's reasonable to expect them to abide by the law as well. It's a bit different but they already have Terry stops/searches per Terry v. Ohio, 392 U.S. 1 (1968), and if they truly are for officer safety I'm all for those because LEO's have a tough and dangerous job. If they are using Terry as a reason to frisk someone under the guise of safety while the real purpose is to find some contraband, then that's a stretch. Why? Because you can tell by looking if someone has a pistol or knife in their front pocket, provided it's in plain view. Unless they are looking for the world's tiniest pistol or knife then playing touchy feely with the lower edge of the pocket is not to find a weapon, but rather to find contraband that is now admissible due to discovery under Terry. Give LEO's what they need to stay safe and make reasonable arrests but only to a point that still upholds rights of the accused.
(1)
Comment
(0)
Avatar small
SSgt Forensic Meteorological Consultant
1
1
0
4
(1)
Comment
(0)
Avatar small
SFC Joseph Weber
1
1
0
Now it's the car, when will it be our homes?
(1)
Comment
(0)
CWO3 Us Marine
CWO3 (Join to see)
7 y
that happened long ago with Patriot Act, all it takes is one clerical error and you're on the "no rights at all" list, no knock...middle of the night....no phone call....no lawyer...no idea where you're going...black bag over the head and off to a dark site you go, does it happen? I don't know but I sure don't want to find out the hard way because some underpaid clerk thought he left off with Muhammad and ended up on McIntosh
(0)
Reply
(0)
Avatar small
SGT Tony Clifford
1
1
0
The constitution isn't ambiguous on this. The forth amendment clearly prohibits an illegal detainment. There was no reasonable suspicion of a crime. This is obviously an illegal search. Anything found while conducting an illegal search is inadmissible also any evidence that resulted from information illegally obtained is likewise inadmissible. There's a whole term for it. They refer to this as fruit of the poisoned tree. A truly bad call that flies in the face of the constitution and the justices duty to uphold it.
(1)
Comment
(0)
Avatar small
SGT Stacey Nelson
1
1
0
Is this for everyone or is this just for American Muslims?
(1)
Comment
(0)
SSG Program Control Manager
SSG (Join to see)
8 y
Everyone, however if it was just for people of one religion and didn't apply to the rest of us... that would be far worse.
(0)
Reply
(0)
Avatar small
SSgt Boyd Welch
1
1
0
As a former police officer, I've seen my share of instances where true probable cause was lacking. I've seen cars stopped on pretense of "no turn signal, burned out light bulb, low tire..."etc just to get a "whiff" of the inside of the vehicle. I wish I could say that my experience proves that ethical standards are high for most municipal and county law enforcement but unfortunately not. If you want to make an officer mad, make him wait to get a warrant before he searches your car. It's the legal process but if there is a hard nose by the book judge in your district, the officer knows that he won't get the warrant on suspicion. Our right to privacy and constitutional protections are evaporating before our eyes. Since I've worn that uniform, I appreciate the dangerous job that officers do but not every person they come into contact with is the enemy....
(1)
Comment
(0)
Avatar small

Join nearly 2 million former and current members of the US military, just like you.

close