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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 12:46 pm to
Posted by ShortyRob
Member since Oct 2008
82116 posts
Posted on 12/16/14 at 12:46 pm to
quote:

If that is the case this is hardly a "new" ruling:

Didn't really say it was new. It's still complete horse shite, but yeah, our govt has protected itself at the expense of citizens for quite some time.
Posted by ShortyRob
Member since Oct 2008
82116 posts
Posted on 12/16/14 at 12:50 pm to
quote:

There is a link in the OP's link to the 29 page opinion. All this did was confirm MANY past decisions.

Again, that this is the case really should bother Americans. Alas, Americans are awfully bad at understanding what bad people(including cops) can do with such a legal view.

Basically, what this belief regarding police work allows is cops to manufacture reasons to pull people over in order to gain access to potential crimes they would otherwise be unable to get after.

It also pretty much negates the need for officers to REALLY know the law as long as they can be argued to have been "reasonable" in now knowing.

The state has literally managed to set a lower bar for its agents that enforce the law than the one they require of the citizens.

Posted by Hawkeye95
Member since Dec 2013
20293 posts
Posted on 12/16/14 at 1:01 pm to
quote:

The state has literally managed to set a lower bar for its agents that enforce the law than the one they require of the citizens.

its terrifying. Now they don't even need to come up with a valid reason to stop you, they can just stop you and then search your persons under the name they reasonably thought you were breaking the law.

Conservatives should be very scared. You think the FBI would not have this apply to them? Or overall homeland security. They could detain you for something that is legal, and then just troll through your shite to find something they can arrest you on.

if you think the DOJ is not above this, you would be 100% incorrect.

Posted by Five0
Member since Dec 2009
11354 posts
Posted on 12/16/14 at 1:01 pm to
quote:

Basically, what this belief regarding police work allows is cops to manufacture reasons to pull people over in order to gain access to potential crimes they would otherwise be unable to get after.


No it does not. If a cop cannot articulate their actions then those actions will not survive a motion to suppress by a competent attorney. This search involved consent. So basically this case says, if you are too stupid regarding your rights be smart enough to keep your cocaine at home.
This post was edited on 12/16/14 at 1:03 pm
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 ShortyRob
Member since Oct 2008
82116 posts
Posted on 12/16/14 at 1:07 pm to
quote:

its terrifying. Now they don't even need to come up with a valid reason to stop you, they can just stop you and then search your persons under the name they reasonably thought you were breaking the law.

Yep. And laws are quirky from state to state. I mean hey, I assumed that a broken tail light was a valid stop. I'd have had no idea that it wasn't in this state.

Alas, I'm not a cop. The cop sort of ought to know. The courts are basically saying that because it's sort of a normal assumption by normal folks that two tail lights out are valid stops, that this somehow makes the cop's actions "reasonable".

That's just flat out retarded.
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.
Posted by the808bass
The Lou
Member since Oct 2012
111549 posts
Posted on 12/16/14 at 1:54 pm to
Horrible ruling.

Just awful.
Posted by LSUTigersVCURams
Member since Jul 2014
21940 posts
Posted on 12/16/14 at 1:54 pm to
Source seems legit Why not just read the Court's opinion. Then you might be able to better understand what they're talking about.
Posted by the808bass
The Lou
Member since Oct 2012
111549 posts
Posted on 12/16/14 at 1:58 pm to
quote:


The objections to this sort of thing should be that the LEOs are pulling over innocent people and searching their cars, finding nothing, and leaving the cars contents in a mess. Now THAT would be worthy of protestation.


Like this?
LINK

Or this?
LINK
This post was edited on 12/16/14 at 2:03 pm
Posted by S.E.C. Crazy
Alabama
Member since Feb 2013
7905 posts
Posted on 12/16/14 at 2:45 pm to


Worried about a crook hey ?

LMAO
Posted by ShortyRob
Member since Oct 2008
82116 posts
Posted on 12/16/14 at 2:52 pm to
quote:

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.

That isn't the point. The point isn't whether this officer is rogue or not. The point is that the burden should be upon the state to be right when a stop is made.

quote:

The critical point is that the statute poses a quite difficult question of interpretation,
NOT the citizen's problem. It is absurd that the state can use "Well we're idiots so that's why our agent was confused" as a defense. Again, the citizen can't use that argument when he is confused by law. Why the frick does the state get to use it?

Posted by ShortyRob
Member since Oct 2008
82116 posts
Posted on 12/16/14 at 2:53 pm to
quote:

I therefore agree with the Court that the traffic stop he conducted did not violate the Fourth
Yes. It's a great ruling if one operates from the assumption that state actors aren't prone to slip through gaping holed in principals.

Alas, if that assumption were true, we wouldn't need a constitution at all.
Posted by ShortyRob
Member since Oct 2008
82116 posts
Posted on 12/16/14 at 2:55 pm to
quote:

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

I didn't say it would lead to such a ban. Didn't even imply it. I simply used the fact that we sort of think it's important to tell people their rights when it comes to talking but apparently, if we can fool them into letting us search them, all good!!!!
Posted by Sentrius
Fort Rozz
Member since Jun 2011
64757 posts
Posted on 12/16/14 at 4:09 pm to
Embarrassing and completely disregards the 4th amendment.

This is just another example of the judiciary failing to reign in the militarized state of law enforcement.
Posted by stormy
Member since Sep 2014
578 posts
Posted on 12/17/14 at 1:11 pm to
Eight to one ruling and only one has sense, our odds don't look for justice!
Posted by Jagd Tiger
The Kinder, Gentler Jagd
Member since Mar 2014
18139 posts
Posted on 12/17/14 at 1:42 pm to
quote:

What if LA bans transporting porn, or watermelons, or for whatever reason, bans transporting handguns in cars, and you are ILLEGALLY pulled over?


if you want the laws changed then try and get them changed, but calling the law as it is, "illegal", doesn't further your cause, it just makes you look like a fuked up stoner with no clue.

Many cops will ask during the initial contact if you are carrying any "contraband" which is their out to try and not get nailed on a technicality of being specific. I don't blame you for being against drug laws and the war on drugs in general, it's a huge waste of resources and a large impediment on individual freedom.

If you are really for MORE freedom you should start support Libertarians instead of the leftwing turds you dope smoking morons typically throw in with.


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