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Message
re: Judge orders Trump administration to halt indiscriminate immigration stops
Posted on 7/12/25 at 12:59 pm to JimEverett
Posted on 7/12/25 at 12:59 pm to JimEverett
quote:
Reasonable suspicion considers the totality of the circumstances.
This is the most compelling concrete (legal) argument that I’ve seen regarding ICE and reasonable suspicion.
You’re saying the issue / circumstance that we have a known illegal immigration problem is itself factored into reasonable suspicion.
Seems like it would be smarter for DHS to run with that vs the things Homan has been saying.
This post was edited on 7/12/25 at 1:25 pm
Posted on 7/12/25 at 1:05 pm to BBONDS25
quote:
The Supreme Court ruled specifically in Terry that probable cause was not necessary. Since we’re having an academic discussion, as you have provided zero examples of Terry being violated….why aren’t you criticizing this judge for changing the standard the Supreme Court set
I highly doubt that I have a lot positive to say about the judge. My issue was with the attitude of people in the thread who seem to not really give a frick one way or the other why people get pulled over as long as we get those terrible illegals! And I said we should probably be careful about how Cavalier we are. Not to mention there are no shortage of examples dating well before a trump of the border patrol being a little loose with their approach to the Constitution
Posted on 7/12/25 at 1:06 pm to Grumpy Nemesis
Nobody cares what you think. Shut up.
Posted on 7/12/25 at 1:18 pm to DeathByTossDive225
Double-post
This post was edited on 7/12/25 at 1:21 pm
Posted on 7/12/25 at 1:21 pm to BBONDS25
The latter pages of this thread are the most “everybody arguing in good faith” thread I’ve seen on this board on the topic, so here’s the reply I was referencing.
But JimEverett’s response on reasonable suspicion considering the “totality of the circumstance” provides an actual legal argument that would get around SCOTUS having to write another silly justification like in Stitz. I hadn’t considered that.
I still respect Grumpy’s commitment to ensuring we don’t set an “ends justify the means” precedent, because SCOTUS decisions do have consequences beyond the the cases that establish precedent.
I also agree with him that it’s stupid and dangerous if people become averse to or disinterested in entertaining questions like this.
quote:
Indianapolis vs Edmund?
Even Sitz, a ruling that was probably for the best if looked at as a single issue in a vacuum, is widely and justifiably criticized as the court working backwards from perceived consequences rather than an accurate interpretation of law.
I’ve always thought it was a somewhat disconcerting precedent to say “it’s okay if this is unconstitutional by the letter, if the high court thinks it’s for the best.”
Despite agreeing with the court’s conclusion that it was in fact for the best.
But JimEverett’s response on reasonable suspicion considering the “totality of the circumstance” provides an actual legal argument that would get around SCOTUS having to write another silly justification like in Stitz. I hadn’t considered that.
I still respect Grumpy’s commitment to ensuring we don’t set an “ends justify the means” precedent, because SCOTUS decisions do have consequences beyond the the cases that establish precedent.
I also agree with him that it’s stupid and dangerous if people become averse to or disinterested in entertaining questions like this.
This post was edited on 7/12/25 at 1:23 pm
Posted on 7/12/25 at 2:37 pm to MrFreakinMiyagi
quote:
Which is also a clear violation of our fourth amendment rights The USSC (Rehnquist) basically said “frick your rights. This will help keep people safe.” I’ll assume that y’all are okay with these rights being violated for the same reason.
OK, so you’re perfectly sober. Cop at checkpoint directs you off the roadway where another officer has you follow a ballpoint pen with your eyes, determines you’re sober, and then sends you on your way. How have your rights been violated? How have you been damaged? Pray tell.
Posted on 7/12/25 at 3:20 pm to evil cockroach
quote:
targeting brown-skinned people
And like clockwork the dims can see nothing but skin pigmentation. Despite the FACT that there are MILLIONS of people in the USA that are citizens AND have a lot of pigment in their skin yet they aren't being deported.
Posted on 7/12/25 at 4:13 pm to DeathByTossDive225
quote:
. I’d be interested to hear your thoughts on my reply to dafif referencing the two SCOTUS cases. I do think there is actually precedent for the articulable verbiage regarding reasonable suspicion.
The first case was a local law about open co trainers and has no bearing on a routine traffic stop.
I did not read stiz but assume not a traffic stop
Again - they can stop - whether it becomes lawful or not raises issues based on above reasoning
Posted on 7/12/25 at 4:16 pm to Grumpy Nemesis
Here is the holding in Terry
That is not what you wrote - observation and experience apply - and that was for a frisk not even just a stop
quote:
Reasonable Suspicion: The officer's observations and experience provided a reasonable basis for suspecting that Terry and Chilton were armed and involved in criminal activity. The Court established that police officers could stop and briefly detain a person for questioning if they have a reasonable suspicion that the person is involved in criminal activity.
That is not what you wrote - observation and experience apply - and that was for a frisk not even just a stop
Posted on 7/12/25 at 4:19 pm to Grumpy Nemesis
A traffic stop is not a Terry stop
Posted on 7/13/25 at 4:01 am to dafif
quote:
The first case was a local law about open containers… I did not read stiz but assume not a traffic stop
??
Indianapolis v Edmund was the Supreme Court case that banned general police checkpoints.
Sitz was the case that allows DUI checkpoints to exist.
This post was edited on 7/13/25 at 4:12 am
Posted on 7/13/25 at 3:07 pm to DeathByTossDive225
quote:
Indianapolis v Edmund was the Supreme Court case that banned general police checkpoints.
Or sure why ChatGPT gave me the open container - wow
However, the holding is important
quote:
(a) The rule that a search or seizure is unreasonable under the Fourth Amendment absent individualized suspicion of wrongdoing has limited exceptions. For example, this Court has upheld brief, suspicionless seizures at a fixed checkpoint designed to intercept illegal aliens, United States v. Martinez-Fuerte, 428 U. S. 543, and at a sobriety checkpoint aimed at removing drunk drivers from the road, Michigan Dept. of State Police v. Sitz, 496 U. S. 444.
Posted on 7/13/25 at 3:10 pm to Grumpy Nemesis
So you don't support DWI checkpoints, right?
Posted on 7/13/25 at 3:12 pm to evil cockroach
If it walks like a duck, talks like a duck and looks like a duck, it is usually a duck.
Posted on 7/13/25 at 3:21 pm to soonerinlOUisiana
quote:
How have your rights been violated? How have you been damaged?
Simple. They had no actual reason to stop me in the first place. In America we're supposed to be free to go about our business unless we specifically give the government a reason to curtail that freedom even for a fricking minute
Posted on 7/13/25 at 3:23 pm to LSUSkip
quote:
So you don't support DWI checkpoints, right?
Correct. The logic used to justify them is complete pretzel silliness and could be used for an entire host of other stupidity that would illustrate just how dumb they are
Posted on 7/13/25 at 5:45 pm to Grumpy Nemesis
quote:
Simple. They had no actual reason to stop me in the first place. In America we're supposed to be free to go about our business unless we specifically give the government a reason to curtail that freedom even for a fricking minute
Nope. That’s not how at works. Especially not on the road. You people are sounding more and more like the “sovereign citizen” types every day.
Posted on 7/13/25 at 6:14 pm to soonerinlOUisiana
quote:
Nope. That’s not how at works. Especially not on the road. You people are sounding more and more like the “sovereign citizen” types every day.
No. Sovereign citizens are fricking idiots who don't even think the Constitution applies to them or really any law from the government. But sometimes I wonder if people like you even know why we founded the fricking country in the first place. LOL. All of you seem to want to treat the government like it's your parents. And you're its children just waiting to be taken care of and told what to do.
You wouldn't let just some random dude stop you and demand to know what you're doing. Why do you let that same dude do it just because he says he works for the government? That's fricking retarded
Posted on 7/13/25 at 6:18 pm to Grumpy Nemesis
Because I don’t want drunks on the road, and I want illegal aliens out of the country, even if we have to get them to self-deport by making their lives miserable.
Posted on 7/13/25 at 6:31 pm to dafif
delete
This post was edited on 7/13/25 at 7:41 pm
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