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re: SCOTUS rules ignorance of a law IS an excuse.....if you're a cop

Posted on 12/16/14 at 1:05 pm to
Posted by ShortyRob
Member since Oct 2008
82116 posts
Posted on 12/16/14 at 1:05 pm to
quote:


No it does not. If a cop cannot articulate their actions then those actions well not survive a motion to does by a competent attorney.
Well, um, not for nothing but unless cops are just naturally stupid, I can imagine that if one lived in a state where he KNEW the law only required ONE tail light be operational, he could simply pretend not to know and be called "reasonable". Ya know, sort of like in this case. Not saying this cop did know but hey, even if he did, it's sort of a WIDE opening for abuse.

quote:

This search involved consent.
Interestingly, the courts have long understood that suspects are terrible lawyers. Hence, why they are supposed to be told of their rights prior to speaking.

quote:

So basically this case says, if you are to stupid regarding your rights
Could be just as easily be used to argue for eliminating Miranda. Hell, I'd say telling me I don't have a legal obligation to talk is LESS important than telling me I don't have to let you in my car.
Posted by Five0
Member since Dec 2009
11354 posts
Posted on 12/16/14 at 1:18 pm to
From the opinion, not Roberts. The problem is the unclear north Carolina statute. It only took the courts this long to figure out. The police sergeant that made the stop was clearly rouge I suppose.

The North Carolina Court of Appeals dealt with the statute’s conflicting signals in one way (deciding that a brake light is not a rear lamp, and so only one needs to work); but a court could easily take the officer’s view (deciding that a brake light is a rear lamp, and if a car comes equipped with more than one, as mod- ern cars do, all must be in working order). The critical point is that the statute poses a quite difficult question of interpretation, and Sergeant Darisse’s judgment, although overturned, had much to recommend it. I therefore agree with the Court that the traffic stop he conducted did not violate the Fourth Amendment.

quote:

Interestingly, the courts have long understood that suspects are terrible lawyers. Hence, why they are supposed to be told of their rights prior to speaking.



Arizona v. Johnson, ___ U.S. __; 129 S.Ct. 781 (2009)

U.S. v. Everett, 2010 U.S. App. LEXIS 7107 (April 06, 2010)

Really?There is no categorical ban on suspicionless, unrelated questions that may minimally prolong a traffic stop.

Let me get you a ladder because saying this will lead to an elimination of Miranda is reaching on a grand scale.
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