Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
Unless your driving and get pulled over, if the police ask for ID, ask: I'm I being accused of a crime, sir?
Do not give it, until he says yes, you are being accused of a crime. What am I being accused of doing, sir? As you seem to be looking for the ID.
Knowing laws like the back of your hand helps when he says what you have been accused of.
Some things they will say is a crime, are not.
The Court (Justice Thomas writing, joined by four other Justices) concluded that 1) the initial stop was illegal; 2) yet the evidence was not 'illegal fruit' since the officer found said evidence after he arrested the suspect for the outstanding traffic warrant.
The reasoning got beyond me at this point.
{snip}
I think the point here, is that the law already found this man guilty of a crime, and he was essentially hiding from, or at a minimum wanted for arrest by the law.
Law enforcement has already engaged, and seeking the apprehension of this man, and as soon as the officer found out this fact, he was duty bound to arrest him, and the rest of the story unfolded during his arrest.
Unless your driving and get pulled over, if the police ask for ID, ask: I'm I being accused of a crime, sir?
Do not give it, until he says yes, you are being accused of a crime. What am I being accused of doing, sir? As you seem to be looking for the ID.
Knowing laws like the back of your hand helps when he says what you have been accused of.
Some things they will say is a crime, are not.
So you are saying it's illegal for a police officer to ask you who you are?
Unless your driving and get pulled over, if the police ask for ID, ask: I'm I being accused of a crime, sir?
Do not give it, until he says yes, you are being accused of a crime. What am I being accused of doing, sir? As you seem to be looking for the ID.
Knowing laws like the back of your hand helps when he says what you have been accused of.
Some things they will say is a crime, are not.
Reasonable suspicion that a crime is about to happen, is happening, or has happened and you are a suspect you're getting ID'ed.
To me, there's no debate that a cop can't ask ID (or, you aren't obligated to give it even if he doesn't care about the law) if there is not reasonable suspicion of a crime being committed. Justice Thomas (a pseudo constitutionalist since he's considered a conservative judge and a true constitutionalist cannot be liberal or conservative as far as I'm concerned) doesn't seem to be saying anything different.
What he does seem to be saying is expanding what constitutes as probable cause. He saw a guy leaving a house that he believed could be a drug house based on a neighbors observation of people coming and going often. Now, that to me just isn't enough. Why specifically stop the guy leaving a house that hardly has any real suspicion outside of a neighbors opinion, but even so, what actual evidence existed to suggest this man did anything illegal? Leaving a house is not a crime, even if the house is owned by a criminal.
The lesson to be learned is to always pay your traffic tickets or whatever it is that has resulted in an arrest warrant. I might even go to the police station and ask them if they have any outstanding warrants for me and take care of the problem then and there.
IMHO - Even though I disagree with most drug laws I realize they have resulted in a very profitable and lawless criminal economy. I think the officer had a reasonable suspicion that the person was either engaged in illegal transport or possession of drugs and that the stop was legitimate. That suspicion based on the observation was sufficient to justify a stop and search.
I am amused that the RW always complains about liberals coddling criminals but in this case this Liberal agrees with the High Court.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.