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SCOTUS Rules To Widely Expand LEO's Power to Break The Law
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SCOTUS Rules To Widely Expand LEO's Power to Break The Law - June 21, 2016, 11:30 AM



Not liking where our judges are going lately in their rulings.
First the case a few months ago where a Federal judge ruled that a suspect may be jailed indefinitely until the suspect relinquished the password to their encrypted hard drive
Man Jailed Indefinitely For Refusal To Decrypt His Hard Drives

Now this ...

Supreme Court rules for police in warrantless search case


WASHINGTON (AP) — A divided Supreme Court bolstered police powers on Monday, ruling that evidence of a crime in some cases may be used against a defendant even if the police did something wrong or illegal in obtaining it.

The 5-3 decision drew heated dissents from liberal justices who warned that the outcome would encourage police to violate people's rights.

The ruling comes in a case in which a police detective illegally stopped defendant Joseph Edward Strieff on the streets of South Salt Lake City, Utah. A name check revealed an outstanding warrant for him.

Police Detective Doug Fackrell arrested Strieff and routinely searched him, finding that he was carrying methamphetamine.

The case raised the question of whether the valid warrant outweighs the stop, which was illegal because Fackrell lacked any reasonable suspicion that Strieff had been violating the law. It was the court's latest case that questions whether evidence should be thrown out of court because the police did something wrong or illegal that led to the discovery of the evidence.

Justice Clarence Thomas said for the court that the officer's actions were not a flagrant violation of the law. "While Officer Fackrell's decision to initiate the stop was mistaken, his conduct thereafter was lawful," Thomas wrote.

But Justice Sonia Sotomayor said in dissent that the decision is a blow to constitutional rights.

"The court today holds that the discovery of a warrant for an unpaid parking ticket will forgive a police officer's violation of your Fourth Amendment rights," Sotomayor wrote, joined by Justice Ruth Bader Ginsburg.

In a portion of her opinion that expressed only her own views, Sotomayor also described the "humiliations" of unjustified police searches and said that "people of color are disproportionate victims of this type of scrutiny."

Justice Elena Kagan filed a separate dissent in which she said the ruling "creates unfortunate incentives for the police — indeed practically invites them to do what Fackrell did here."

The fourth member of the court's liberal wing, Justice Stephen Breyer, joined the four conservatives to form a majority on the eight-justice court.

The issue is especially significant, Sotomayor said, because "outstanding warrants are increasingly common."
In one prominent example, the Justice Department's 2015 report that faulted police practices in Ferguson, Missouri, found that 16,000 of Ferguson's 21,000 residents had outstanding warrants.

Many of those outstanding warrants, like Strieff's, are for unpaid traffic fines — penalties that would not result in jail time.
The argument made by Strieff's supporters is that in places with so many outstanding warrants, officers have a good chance of randomly stopping someone who has not paid a fine for a minor infraction.

But Thomas, in his majority opinion, said that Fackrell's "discovery of the arrest warrant attenuated the connection between the unlawful stop and the evidence seized incident to arrest."



“Any man who tries to be good all the time is bound to come to ruin among the great number who are not good. Hence a Prince who wants to keep his authority must learn how not to be good, and use that knowledge, or refrain from using it, as necessity requires”.

- Nicolo Machiavelli 1469-1527


Last edited by Heist; June 21, 2016 at 11:34 AM..
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June 21, 2016, 12:43 PM

Weaken and eliminate the second amendment, and the rest are sure to follow. This is not good.

I just read a huge rash of comments from people who were also talking about how people who are put on a "watch list" should have their rights "suspended." It scared me, considering that these people don't care about due process until after the fact.

That's right. After you have been unjustly stopped, arrested, had your property confiscated, your name besmirched, and your livelihood jeopardized, THEN you can get due process in your appeal.

WTF?

The continual assault on the 4th amendment worries me as much as the assault on the 2nd. The two are crucial elements of a society that needn't live in constant fear of the government.
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June 21, 2016, 01:42 PM

yep. Lots of people are SCREAMING for a non-due process, secret "list" of potential "terrorists" to bar you from your rights.

No way to remove your name from the no fly list. No way to see it. No appeal, and no burden of proof.

And people are actually calling for that.

That's why they want to get rid of the 2nd so bad. It's literally the one that guarantees the others.


-Fitz

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June 21, 2016, 01:51 PM

test


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June 21, 2016, 03:55 PM

Feinstein was on Meet the Press last Sunday morning.

There's some VERY dangerous legislation being fettered by the Democrats. They're trying to backdoor their way into a quasi-universal ban by way of the 'reasonable suspicion' list. If you're on the list, you lose your right to purchase a weapon.

A reasonable suspicion is an extremely low legal standard and burden of proof. When it comes to restricting or stripping one's right, the highest legal standard must be met - not the lowest.

She of course would not articulate what all could get someone put on the list. A causal comment on Social Media like: "Obama needs to go" - would that be enough cause to get one put on the "reasonable" list? A vocal expression of your 1st amendment right against a government policy or ally?

Worse she happily stated there would be no set length of time someone could be on this list without cause , no clearly articulated ways to know why you ended up on it, and then a very weak explanation as to how to get off the list other than an appeals process ... an appeal to the government that just put them on the list without due process? Sounds absurd.

I could imagine the conversation going as such;
Why am I on this list?
- Sorry we cannot share that with you, that's Classified

Am I under an active investigation
- Sorry we we do not comment on the status or nature of any investigation whether active or not.

What evidence do you have?
- Sorry we cannot share that with you, that's Classified information.

When will I be removed from this list?
- Sorry we cannot share that with you, this is Classified.



“Any man who tries to be good all the time is bound to come to ruin among the great number who are not good. Hence a Prince who wants to keep his authority must learn how not to be good, and use that knowledge, or refrain from using it, as necessity requires”.

- Nicolo Machiavelli 1469-1527


Last edited by Heist; June 21, 2016 at 05:13 PM..
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June 21, 2016, 03:56 PM

I knew something was going on while everyone was so focused on the Orlando terrorist.


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June 21, 2016, 05:54 PM

Better get them while you can.

Thankfully, portable machining is getting so good that you can just make them if you really need them.
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