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re: Simply having a New York license plate should not be probable cause for a stop.

Posted on 3/29/20 at 8:28 pm to
Posted by Steadmans Cheddar
Member since Dec 2019
1347 posts
Posted on 3/29/20 at 8:28 pm to
quote:

Apollyon


Truly enlightening response, with lots of deflection and not a single substantive point made.

I particularly enjoyed earlier where you labeled those acknowledging the existence of emergency powers as leftists. It must have been heartbreaking to hear that Trump has invoked emergency powers.

I’m not making strawman arguments, when in the next sentence you claim that rights can’t be stripped. Very simple question, which has gone unanswered so far: if rights can’t be stripped, how do prisons exist?
Posted by kingbob
Sorrento, LA
Member since Nov 2010
69304 posts
Posted on 3/29/20 at 8:31 pm to
Crandel v. Nevada all up in this motha
Posted by Aristo
Colorado
Member since Jan 2007
13292 posts
Posted on 3/29/20 at 8:35 pm to
They don't need probable cause for a traffic stop only reasonable suspicion.
Posted by Steadmans Cheddar
Member since Dec 2019
1347 posts
Posted on 3/29/20 at 8:35 pm to
quote:

Crandel v. Nevada all up in this motha


We’re arguing with people ignoring the plain language of the constitution. Asking them to read an opinion is a tall order. These are not constitutionalists, these are crazies
Posted by kingbob
Sorrento, LA
Member since Nov 2010
69304 posts
Posted on 3/29/20 at 8:43 pm to
Crandel v. Nevada is an 19th Century case that pronounced the Right to Travel as a penumbra right under several different amendments.
Posted by Stud
Member since Jan 2004
439 posts
Posted on 3/29/20 at 9:13 pm to
That’s the whole point of the federalist system. United States government can regulate travel among the states, whereas the states cannot—all due to the federal system of government we have. You are wrong.
Posted by kingbob
Sorrento, LA
Member since Nov 2010
69304 posts
Posted on 3/29/20 at 9:25 pm to
False. The federal government’s role in “regulating interstate commerce” is to prevent states from stopping the flow of interstate commerce, not for the federal government to stop it. The purpose of that provision was to prevent states from erecting hard borders with checkpoints and from levying tariffs on goods from other states. The federal government’s role was to preserve the common free market between all the states in the Union.

Crandel v. Nevada extended that role to stopping states from preventing travel by citizens between states. Citizens have the right to travel, and states cannot take that right away without due process, which requires a pre-termination hearing where the citizen gets a chance to defend themselves. States cannot blockade or outlaw travel between states.

The feds aren’t allowed to stop travel or commerce either (or at least weren’t prior to Wickard v. Filburn), but they have the power to prevent states from stopping travel and commerce.
This post was edited on 3/29/20 at 9:27 pm
Posted by Jcorye1
Tom Brady = GoAT
Member since Dec 2007
76373 posts
Posted on 3/29/20 at 9:33 pm to
quote:

Reckless Endangerment/Negligent Homocide is a probable cause.

What's the difference in being DUI and injuring or killing someone or leaving NYC and infecting 25 people who may or may not become ill and/or die.


Well, you can test the person if they are drunk and they know they are drunk. If someone is knowingly carrying the Corona virus that's one thing, but if they aren't? That's insanity.

It's like you people don't realize there is a life after the virus, and my god if you allow this shite to occur the police are going to law and order the hell out of the citizenry for just idiotic reasons.
This post was edited on 3/29/20 at 9:34 pm
Posted by Parmen
Member since Apr 2016
18317 posts
Posted on 3/29/20 at 10:14 pm to
Please cite the language from the opinion.
Posted by kingbob
Sorrento, LA
Member since Nov 2010
69304 posts
Posted on 3/29/20 at 10:26 pm to
quote:

Gibbons v Ogden says that states have quarantine powers boss.


You got a link or a quote to that, baw? I’m pretty damn sure Gibbons v. Ogden says nothing of the sort.
Posted by Steadmans Cheddar
Member since Dec 2019
1347 posts
Posted on 3/29/20 at 10:46 pm to
quote:

You got a link or a quote to that, baw?


Gibbons v Ogden, 22 US 1, 203 (1824)

“[Inspection laws] form a portion of that immense mass of legislation which embraces everything within the territory of a State not surrendered to the General Government; all which can be most advantageously exercised by the States themselves. Inspection laws, quarantine laws, health laws of every description, as well as laws for regulating the internal commerce of a State, and those which respect turnpike roads, ferries, &c., are component parts of this mass.”
Posted by Steadmans Cheddar
Member since Dec 2019
1347 posts
Posted on 3/29/20 at 10:50 pm to
quote:

Please cite the language from the opinion.


Language is cited above. Not sure why it matters to you. You’ve stated before that rights are given by God and not subject to regulation by the Constitution.
Posted by MoarKilometers
Member since Apr 2015
20559 posts
Posted on 3/29/20 at 10:50 pm to
quote:

Simply having a New York license plate should not be probable cause for a stop.

If I've read much on the poliboard... I know there's a certain number of y'all who think baselessly frisking them is also kosher. Or is NYC stop and frisk complete bullshite? Decide today
Posted by kingbob
Sorrento, LA
Member since Nov 2010
69304 posts
Posted on 3/29/20 at 11:24 pm to
Quarantine laws are about quarantining individual citizens, property, or ships in the harbor. They’re not meant for closing off entire states. Not even Justice Sotomayor would support that. You’re purposely misconstruing the language of that opinion.
Posted by kingbob
Sorrento, LA
Member since Nov 2010
69304 posts
Posted on 3/29/20 at 11:25 pm to
Baseless frisking is absolutely should NOT be kosher.

However, the 4th and 5th amendments have been completely gutted by our courts in the name of fighting the wars on drugs and terror.
This post was edited on 3/29/20 at 11:27 pm
Posted by GeauxFightingTigers1
Member since Oct 2016
12574 posts
Posted on 3/29/20 at 11:39 pm to
Commerce not travel.
Posted by thelawnwranglers
Member since Sep 2007
42009 posts
Posted on 3/29/20 at 11:41 pm to
The pull people over and ask them to self quarantine no?

Is it right? No

Has the person been harmed?
Posted by GeauxFightingTigers1
Member since Oct 2016
12574 posts
Posted on 3/29/20 at 11:44 pm to
Sure the can have quarantine laws and enforce them. The problem here is they are not quarantining people and the selection is done by a license plate. Nor is there due process, nor can they simple stop everyone at the border and selective go after people.

These are not quarantines, but they can have them.

Your cite really doesn't address the issues.

This post was edited on 3/29/20 at 11:47 pm
Posted by YF12
Ottobaan
Member since Nov 2019
4451 posts
Posted on 3/29/20 at 11:46 pm to
quote:

The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.


Good idea in theory

I can think of many cases in which that does not apply though because the constitution means jack shite

See most gun laws
This post was edited on 3/29/20 at 11:47 pm
Posted by Steadmans Cheddar
Member since Dec 2019
1347 posts
Posted on 3/29/20 at 11:56 pm to
quote:

Quarantine laws are about quarantining individual citizens, property, or ships in the harbor. They’re not meant for closing off entire states.


You apparently think a ship coming from another state is radically different than a car coming from another state. Fair enough. I don’t see where you’re getting the idea those laws have to be directed individually, however.

If I was asked to give federal authority to stop travel between states to stop the spread of disease, I’d probably just use 42 USC § 264.

“The Surgeon General, with the approval of the Secretary, is authorized to make and enforce such regulations as in his judgment are necessary to prevent the introduction, transmission, or spread of communicable diseases from foreign countries into the States or possessions, or from one State or possession into any other State or possession.”
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