Results 1 to 5 of 5

Thread: Trouncing on the 4th Admendment!

  1. #1
    Regular Member Jblack44's Avatar
    Join Date
    Sep 2008
    Location
    Westland, Michigan, USA
    Posts
    291

    Post imported post

    Check out this little gem from SCOTUS!!!

    http://www.google.com/hostednews/ap/...Jsy9wD95UTGSG1
    "If you carry a gun, people will call you paranoid. That's ridiculous. If you have a gun, what in the hell do you have to be paranoid for." Clint Smith, Director of Thunder Ranch

  2. #2
    Regular Member
    Join Date
    Mar 2007
    Location
    , ,
    Posts
    1,882

    Post imported post

    The Terry standard still applies, as I understand this ruling - not that it is always strictly observed in traffic stops. I've had cops pat me down, invoking "officer safety" as the excuse, absent any particular suspicion of wrongdoing on my part. My suggestion that they should have gone into primary education if they were so concerned for their safety was not well received. Falls under "assumption of the risk" as far as I'm concerned. They want to live by the sword -let them take their chances. I don't mean to trivialize their legitimate safety concerns, but the 4th amendment exists for a reason, and it is not a "technicality," or ought not to be anyway.

    -ljp

  3. #3
    Regular Member Jblack44's Avatar
    Join Date
    Sep 2008
    Location
    Westland, Michigan, USA
    Posts
    291

    Post imported post

    Legba wrote:
    The Terry standard still applies, as I understand this ruling - not that it is always strictly observed in traffic stops. I've had cops pat me down, invoking "officer safety" as the excuse, absent any particular suspicion of wrongdoing on my part. My suggestion that they should have gone into primary education if they were so concerned for their safety was not well received. Falls under "assumption of the risk" as far as I'm concerned. They want to live by the sword -let them take their chances. I don't mean to trivialize their legitimate safety concerns, but the 4th amendment exists for a reason, and it is not a "technicality," or ought not to be anyway.

    -ljp
    Have you been patted down after being pulled over for a traffic violation?
    "If you carry a gun, people will call you paranoid. That's ridiculous. If you have a gun, what in the hell do you have to be paranoid for." Clint Smith, Director of Thunder Ranch

  4. #4
    Regular Member
    Join Date
    Mar 2007
    Location
    , ,
    Posts
    1,882

    Post imported post

    Yes, and after specifically stating that I was not resisting, but neither was I consenting to a search. These are usually pretext stops, where they try to elevate a specious traffic stop into a felony complaint of some kind - usually "war on drugs" stuff. They usually hair-split at that point, claiming that they can do a pat down and that it is different from a "search" as such, although I had a cop pull out an ibuprofen bottle to see what drugs I had after such a pat-down. Hardly a safety issue even if it would have turned out that I had contraband. A pill bottle is plainly not a weapon.

    On another similar occasion, a cop complained that he thought I had a crack pipe in my pocket. I actually consented to let him check on this one occasion after getting tired of denying it. It was a ball-point pen, and I had told him so, but he remained unconvinced, even after he examined it. He took it apart and was even smelling the damned thing. They must have James Bond-type dual purpose pen/crack pipes. I wouldn't know.

    -ljp

  5. #5
    Regular Member TFred's Avatar
    Join Date
    Oct 2008
    Location
    Most historic town in, Virginia, USA
    Posts
    7,705

    Post imported post

    Just FYI, this case has been discussed here on this very forum:

    http://opencarry.mywowbb.com/forum4/21132.html

    TFred


Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •