Freaking state appealing this case - 4th amend case brake lite out - Scotus

marshaul said:

The state is not (or should not be) in the business of delivering "logical consequences" for what you see as weak, but is otherwise nonaggressive behavior.

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This is true, however because people have a right to remain silent etc, they also have a right not to be silent etc. The state does not deliver consequenses, for being week. The person who decides to waive a right suffers whatever consequenses by their own decision... even if the decision is made out of ignorance.

Jack House said:

I agree with Marshal, far too many people either don't know or are too scared to refuse.

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Well criminals are not geniuses ... right?

Perhaps, like Miranda warning, to the effect of

"May I search your ___ (vehicle, house,etc)? You may say no and nothing negative can happen because you saying no. If you say yes then anything we see, hear, smell, and find may be used against you to convict your of a crime and put you in prison for the rest of your life or to possibly end your life via execution if warranted"

skidmark said:

We (yes, you, me, and all the rest of us) have purposely and intentionally turned the police into a paranoid force that would rather support the existence of "the thin blue line" than pass laws criminalizing the sorts of things you are complaining about. Right now it's not against the law* to violate someone's rights - it's merely a civil tort that can be corrected by having the courts make the taxpayers (as opposed to the offending officers and their supervisors) pay off a blood feud.

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So it's the taxpayer's fault the police trample rights but the tax payers shouldn't flip the bill for it?

Clearly another example of why a person should never agree to any searches or seizures without a warrant signed by a judge.. And again keep you're mouth shout during traffic stops and or all encounters with leo's

The not so bright defendants in this case simply should have thanked the kind officer for pointing out the safety issue concerning the burned out brake light.. Then insist that they simply want to continue on their journey.

In this case the fruit from the poisonous tree was handed to the State via citizens stupidity.

Reserve you're rights during any and all encounters with any Government personnel, for, what they may not know, may in fact hurt you, if you do not know and exercise your rights.

MY.02

CCJ

Jack House said:

So it's the taxpayer's fault the police trample rights but the tax payers shouldn't flip the bill for it?

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You di'nt go there, did you?

Your comment distorts my post, and it seems that you distorted it purposely to try and make it seem as if I was blaming the taxpayers for the behavior of those few who do not follow the rule of law when enforcing the laws.

IF there is any blame to the taxpayers, it is that they are not demanding that their elected representatives and those their representatives hire to carry out the purposes of government make the line employees abide by the law. Screw the unions - when it has been shown that a cop violated someone's civil rights in a way that the courts have already ruled is a clear violation of rights, those elected representatives should be telling the folks they hired (Chief of POlice, I'm looking at you) to either fire the cop or get fired and replaced with someone who will fire the cop.

That the taxpayers would rather just keep shoveling money into that pit is a completely different issue.

stay safe.

Well yes. Part of the blame most certainly lies with the tax payers. You said it yourself, in both posts I might add.

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JTHunter said:

Cops have stopped people for years with no valid reason.

Just look at NYC's "Stop & Frisk" policy that has many people up in arms.

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I don't think that the white people had any issue with "stop & frisk" .. after all, it was started to harass blacks.

Jack House said:

Well yes. Part of the blame most certainly lies with the tax payers. You said it yourself, in both posts I might add.

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That's an entirely different blame.

But I suppose that distinction does not matter to a philosopher like yourself.

stay safe.

davidmcbeth said:

Well criminals are not geniuses ... right?...

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And most non-criminals are?

If the coke hadn't been found, this wouldn't have made it up the court system, and it would just be another EVERYDAY case of wrong searches of citizens that we don't hear about it.

MAC702 said:

And most non-criminals are?

If the coke hadn't been found, this wouldn't have made it up the court system, and it would just be another EVERYDAY case of wrong searches of citizens that we don't hear about it.

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Well, they're smart enough not to get caught.