Quote:
Originally Posted by swissmiss
Can someone who is against stop and frisk but laughs at Proph in the other thread for being against traffic stops for drunk driving explain to me, a foreigner, what the difference is? Why is it totally laughable to be against both of them?
Quote:
Originally Posted by A#4
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Quote:
Originally Posted by Wikipedia
Exceptions
The government may not detain an individual even momentarily without reasonable and articulable suspicion...
The US is a common law jurisdiction. With these kinda issues sooner, or later, SCOTUS is going define what is really legal through case law.
In the US a cop isn't supposed to be able to detain someone, in a car or on foot, without at least what passes court muster as a "reasonable and articulable suspicion". For example, a drunk theoretically can't be pulled over unless there is some particular reason the cop had in mind... for example, erratic stopping and starting, or failure to track lanes.
NYPD's "Stop and Frisk" searched pedestrians indiscriminately. Even if it wasn't targeted in a racist, and classist manner, or it targeted woman and older folks too... in fact even if it targeted everyone, as
Howard Beale has championed... this is all a gross violation of the Fourth Amendment.
Quote:
Originally Posted by Wikipedia
...with a few exceptions...
Where society's need is great, no other effective means of meeting the need is available, and intrusion on people's privacy is minimal, certain discretionless checkpoints toward that end may briefly detain motorists... In Michigan Dept. of State Police v. Sitz (1990), the Supreme Court allowed discretionless sobriety checkpoints...
Quibble Corner: LOL@ saying
Proph was thinking about the limited exception SCOTUS has carved out regarding sobriety checkpoints (or even is aware of such things).