View Poll Results: Do you think the supreme court has stepped over the boundary of constitutional rights

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  • Yes

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  1. #1
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    Default BS ? - Supreme Court rules auto passengers can be frisked during traffic stops

    Supreme Court rules auto passengers can be frisked during traffic stops

    PLI SmartBrief | 01/27/2009
    The U.S. Supreme Court ruled that law enforcement officers have the right to frisk passengers of drivers stopped for traffic violations with or without reason to believe the person has committed a criminal offense. Google (01/26)
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  2. #2
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    Default Re: BS ? - Supreme Court rules auto passengers can be frisked during traffic stops

    Quote Originally Posted by StlouisX50 View Post
    Supreme Court rules auto passengers can be frisked during traffic stops

    PLI SmartBrief | 01/27/2009
    The U.S. Supreme Court ruled that law enforcement officers have the right to frisk passengers of drivers stopped for traffic violations with or without reason to believe the person has committed a criminal offense. Google (01/26)

    I have to read the opinion, but I believe this is Terry stop related. If the officer feels threatened he can frisk you for weapons only and can't go into your pockets if he feels a baggy unless he thinks the baggy is a 'weapon'.

  3. #3
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    Default Re: BS ? - Supreme Court rules auto passengers can be frisked during traffic stops

    Quote Originally Posted by Lucky225 View Post
    I have to read the opinion, but I believe this is Terry stop related. If the officer feels threatened he can frisk you for weapons only and can't go into your pockets if he feels a baggy unless he thinks the baggy is a 'weapon'.

    And to Quote myself and the article:

    The justices accepted Arizona's argument that traffic stops are inherently dangerous for police and that pat-downs are permissible when an officer has a reasonable suspicion that the passenger may be armed and dangerous.


    The pat-down is allowed if the police "harbor reasonable suspicion that a person subjected to the frisk is armed, and therefore dangerous to the safety of the police and public," Justice Ruth Bader Ginsburg said.


    I believe this is reasonable^

  4. #4
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    Default Re: BS ? - Supreme Court rules auto passengers can be frisked during traffic stops

    This doesn't sound too bad, and its something a lot of agencies did anyhow. I just hope this doesn't open the door to abuse of this ruling and forcing people to get out of their car at standard traffic stops or road blocks to be searched.

  5. #5
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    Default Re: BS ? - Supreme Court rules auto passengers can be frisked during traffic stops

    Quote Originally Posted by 9500ier View Post
    This doesn't sound too bad, and its something a lot of agencies did anyhow. I just hope this doesn't open the door to abuse of this ruling and forcing people to get out of their car at standard traffic stops or road blocks to be searched.
    I'm sure it will, as with anything else, give an inch take a mile.
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  6. #6
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    Default Re: BS ? - Supreme Court rules auto passengers can be frisked during traffic stops

    If they have a "reason" to feel threatened, fine. Let them "protect" themselves with a warrant-less search....

    But anything they find should not be admissible against the person getting searched without a warrant.

    This stipulation would protect police safety and individual rights. But no such stipulation was made. So one could reasonably conclude that the former is simply an excuse for violating the latter.

  7. #7
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    Default Re: BS ? - Supreme Court rules auto passengers can be frisked during traffic stops

    Quote Originally Posted by Z1NONLY View Post
    If they have a "reason" to feel threatened, fine. Let them "protect" themselves with a warrant-less search....

    But anything they find should not be admissible against the person getting searched without a warrant.

    This stipulation would protect police safety and individual rights. But no such stipulation was made. So one could reasonably conclude that the former is simply an excuse for violating the latter.
    Agreed!
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  8. #8
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    Default Re: BS ? - Supreme Court rules auto passengers can be frisked during traffic stops

    Quote Originally Posted by category4 View Post
    Agreed!
    x2, however that's just not how it works, if you have a concealed gun on you and you don't have a permit nor tell the officer about it and they find it on you because they feel threatened, they can continue searching you, incident to the arrest of you due the crime you comitted, and if they find anything else, it's admissible. I think that's only reasonable.

  9. #9
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    Default Re: BS ? - Supreme Court rules auto passengers can be frisked during traffic stops

    Quote Originally Posted by Lucky225 View Post
    x2, however that's just not how it works, if you have a concealed gun on you and you don't have a permit nor tell the officer about it and they find it on you because they feel threatened, they can continue searching you, incident to the arrest of you due the crime you comitted, and if they find anything else, it's admissible. I think that's only reasonable.
    A warrant-less search, with no probable cause, only produces "fruit from the poison tree."

    Using the fruits of unconstitutional searches should not be allowed. This would cause police to do these "searches" only when they really "feel" threatened and can't find a legitimate reason (i.e. probable cause) to back up the "feeling".


  10. #10
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    Default Re: BS ? - Supreme Court rules auto passengers can be frisked during traffic stops

    Quote Originally Posted by Z1NONLY View Post
    A warrant-less search, with no probable cause, only produces "fruit from the poison tree."

    Using the fruits of unconstitutional searches should not be allowed. This would cause police to do these "searches" only when they really "feel" threatened and can't find a legitimate reason (i.e. probable cause) to back up the "feeling".
    I'm not saying I agree with it, I'm just saying it was a reasonable decision that I expected to see from the Supreme court. Just like in a Terry stop, if a weapon is felt during a pat down and then some weed, both are going to be admissible. IMO frisks shouldn't be done at all, if the person has a weapon and hasn't pulled it on you, I don't think they have any intention of using it on you, and I believe if one is pulled, deadly force should be allowed to be used the minute it is seen as the intent is obviously there. All I'm saying is this is a consistent decision with the previous ones.

 

 

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