• We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
  • The forum will be down for about an hour this weekend for maintenance. I apologize for the inconvenience.
  • If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
  • Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.

Continuing 4th Amend. Education

Citizen

Founder's Club Member
Joined
Nov 15, 2006
Messages
18,269
Location
Fairfax Co., VA
imported post

http://www.ca6.uscourts.gov/opinions.pdf/09a0122n-06.pdf

Interesting reading.

The dissent is a breath of fresh air. I very much liked this part of the dissent:

[align=left]Here, we should be particularly skeptical, especially in light of Officer Carson’s professed, legally questionable policy of performing a pat-down “any time I have physical contact with anyone during any kind of investigation . . . for my safety.” (J.A. at 54.) [/align]
[align=left]Such a statement does not inspire confidence that Officer Carson’s prior detainments in the parking lot reflected actual suspicion of criminal activity.[/align]
[align=left]And this part:[/align]
[align=left]Fourth, there was nothing suspicious about Brown walking away from Officer Carson, since Officer Carson in fact
[font=TimesNewRoman,Italic]told
him to walk away. (emphasis in original)[/align]
[align=left]Somebody from Tennessee should send Judge Clay a nice thank you note for his dissent.[/align][/font]
 

Citizen

Founder's Club Member
Joined
Nov 15, 2006
Messages
18,269
Location
Fairfax Co., VA
imported post

I forgot to give credit for the find.

I found the OP case here: http://www.fourthamendment.com/blog/

This is shaping up to be a useful blog. I've been checking it every day for a few weeks now.

In fact there are a number of cases listed on the blog since my last check that look interesting just based on the short decription given. By interesting I mean contains useful legal information for an OCer to know in case he has anegative encounter with police. Information he can use to evaluate later whether his rights were violated and whether he has grounds for a formal complaint or lawsuit.
 
Top