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RE: R.I.P. 4th Amendment - 4/28/2014 9:15:31 AM   
DaddySatyr


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After reading both of these decisions, it would appear that the court made a mistake in the OP case.

quote:

ORIGINAL: MercTech

The issue in the court case seems to me one of "probable cause" for a search of a motor vehicle. The court ruled that an anonymous tip that a driver appeared drunk is due cause for a stop and search.
http://www.scotusblog.com/case-files/cases/navarette-v-california/

The original precedent for a warrantless search of a motor vehicle actually goes back to 1925.
http://en.wikipedia.org/wiki/Carroll_v._United_States



However, if we are to accept SCOTUS as the ultimate authority (as proffered by the above two cases), doesn't it stand to reason that this latest case (The OP) is just as valid, rendering any dissent kind of moot?







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Profile   Post #: 61
RE: R.I.P. 4th Amendment - 4/28/2014 10:52:47 AM   
thompsonx


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quote:

ORIGINAL: chatterbox24


quote:

ORIGINAL: thompsonx


quote:

ORIGINAL: chatterbox24

We had a situation where are 4 wheeler was stolen out of our barn in the middle of the night. We called the police and gave the Vin numbers. We had no descriptions of people nor vehicles. Two vehicles were pulled over carrying 4 wheelers. The first vehicle pulled over was innocent, and I am sure they were not really happy about it, it was an inconvenience. The second vehicle pulled over was carrying the stolen property, and the man behind the wheel had just been released for doing this same thing previously. Theft.

I was pulled over about 10 years ago and my car searched, due to an armed robbery of a convenience store, where the vehicle matched mines description, but they had no plate numbers. Was it a little embarrassing? Yes. What else were they suppose to do in that situation? I minded but I understood their position.

My step nephews truck was pulled over by an anonymous call with plates, the report was the vehicle was waving a gun at passers on the interstate. He had his daughter with him. They had them lay along side of the road, and his 14 year old daughter to search the vehicle. No gun was found. Considering the job he does, that would be the bad apple call. A vengeful call. Now who was responsible for that injustice? The caller or the police.

It goes both ways. People are going to have different opinions.


Then of course there is "my cousin vinny"



LOL. or the God father. You know him too?


"My cousin vinny" was a movie about two kids stopped and arrested for a crime they did not commit.

(in reply to chatterbox24)
Profile   Post #: 62
RE: R.I.P. 4th Amendment - 4/28/2014 11:08:19 AM   
thompsonx


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quote:

ORIGINAL: itsSIRtou

You ask any police department What is their biggest problem.... It's the resources to get the job done with.

That is all those punkassmotherfuckers ever do is snivle about wanting more money.
All the crime stats say that helicoptors do not lower crime yet every cop dept "needs" one...same same "swat team"




Every time they turn around some city Council has to make budget cuts someplace.

Perhaps if the politicians (chief of police is a politician) took a pay cut???


Rarely is the Police Department or the fire department off the table from cuts.

The only cuts to fire and police I have seen here in california is sometimes they try to consolidate ineffeciencies but I have never seen them cut significantly.

Here in Minnesota, after over 30+ years, they finally got a tornado warning system that's actually automated
with the National Weather Service, the previous GOP federal administration had turned them down.....

Vote the rascals out.

Almost any Police Department will tell you they can always use more men (and women ) to get the job done... And better updated equipment,....
And to me the police should have just as updated weapons as the military does. No Police Department should be outgunned by the bad guys....

Just when have the "bad guys" outgunned the cops?
Should the cops have flame throwers,grenades and machine guns?




I find it completely and totally insane that John Q Public can go to a gun show and get more firepower in three days than most police departments have or can get budget approval to buy in years.

Any validation for this idiotic nonsense?

There are people who raise private money just so that police dogs can have body armor!! There's no reason for that!!! when police dogs are just as valuable assets to the of to a department
as any other member of the team.

Perhaps the p/o might buy a few of those instead of a new helicoptor or a limo and driver for the chier?

Training costs money too...... in this case, training in how to deal with a public that's becoming more diverse every year

Any validation that our society is becoming more diverse rather than less?



(in reply to itsSIRtou)
Profile   Post #: 63
RE: R.I.P. 4th Amendment - 4/28/2014 11:20:17 AM   
thishereboi


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quote:

ORIGINAL: thompsonx

if your wealthy friends would just get off their ass and give enough police officers, decent wages, and the resources police departments deserve to have, there would be no need for profiling in the first damn place.

Cops here make over 100k per year. There does not seem to be any shortage of money just a shortge of cops who want to actually do police work.


Here they start at around 30K. What's your point?

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Profile   Post #: 64
RE: R.I.P. 4th Amendment - 4/28/2014 11:23:28 AM   
thishereboi


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quote:

ORIGINAL: thompsonx


quote:

ORIGINAL: chatterbox24

We had a situation where are 4 wheeler was stolen out of our barn in the middle of the night. We called the police and gave the Vin numbers. We had no descriptions of people nor vehicles. Two vehicles were pulled over carrying 4 wheelers. The first vehicle pulled over was innocent, and I am sure they were not really happy about it, it was an inconvenience. The second vehicle pulled over was carrying the stolen property, and the man behind the wheel had just been released for doing this same thing previously. Theft.

I was pulled over about 10 years ago and my car searched, due to an armed robbery of a convenience store, where the vehicle matched mines description, but they had no plate numbers. Was it a little embarrassing? Yes. What else were they suppose to do in that situation? I minded but I understood their position.

My step nephews truck was pulled over by an anonymous call with plates, the report was the vehicle was waving a gun at passers on the interstate. He had his daughter with him. They had them lay along side of the road, and his 14 year old daughter to search the vehicle. No gun was found. Considering the job he does, that would be the bad apple call. A vengeful call. Now who was responsible for that injustice? The caller or the police.

It goes both ways. People are going to have different opinions.


Then of course there is "my cousin vinny"



Is vinny one of the cops who was making 100K in your story, because according to this chart he was way above what he was supposed to be making. http://www1.salary.com/Police-Officer-salary.html

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Profile   Post #: 65
RE: R.I.P. 4th Amendment - 4/28/2014 11:41:56 AM   
thompsonx


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http://sfpublicpress.org/news/2012-08/san-francisco-police-chief-to-be-nations-highest-paid-for-overseeing-14th-largest-force

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Profile   Post #: 66
RE: R.I.P. 4th Amendment - 4/28/2014 11:53:27 AM   
thishereboi


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quote:

ORIGINAL: thompsonx

http://sfpublicpress.org/news/2012-08/san-francisco-police-chief-to-be-nations-highest-paid-for-overseeing-14th-largest-force



and an article about one cop proves what exactly?

Your claim was "Cops here make over 100k per year. There does not seem to be any shortage of money just a shortge of cops who want to actually do police work." not I can show you a link to one guy I think makes more money than he should.

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Profile   Post #: 67
RE: R.I.P. 4th Amendment - 4/28/2014 11:54:07 AM   
chatterbox24


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quote:

ORIGINAL: thompsonx


quote:

ORIGINAL: chatterbox24


quote:

ORIGINAL: thompsonx


quote:

ORIGINAL: chatterbox24

We had a situation where are 4 wheeler was stolen out of our barn in the middle of the night. We called the police and gave the Vin numbers. We had no descriptions of people nor vehicles. Two vehicles were pulled over carrying 4 wheelers. The first vehicle pulled over was innocent, and I am sure they were not really happy about it, it was an inconvenience. The second vehicle pulled over was carrying the stolen property, and the man behind the wheel had just been released for doing this same thing previously. Theft.

I was pulled over about 10 years ago and my car searched, due to an armed robbery of a convenience store, where the vehicle matched mines description, but they had no plate numbers. Was it a little embarrassing? Yes. What else were they suppose to do in that situation? I minded but I understood their position.

My step nephews truck was pulled over by an anonymous call with plates, the report was the vehicle was waving a gun at passers on the interstate. He had his daughter with him. They had them lay along side of the road, and his 14 year old daughter to search the vehicle. No gun was found. Considering the job he does, that would be the bad apple call. A vengeful call. Now who was responsible for that injustice? The caller or the police.

It goes both ways. People are going to have different opinions.


Then of course there is "my cousin vinny"



LOL. or the God father. You know him too?


"My cousin vinny" was a movie about two kids stopped and arrested for a crime they did not commit.


I was trying to make a joke! But I never have been good at that, so I just laugh at them myself.

(in reply to thompsonx)
Profile   Post #: 68
RE: R.I.P. 4th Amendment - 4/28/2014 11:59:43 AM   
MrRodgers


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So who were the 5 ? Alito, Kennedy, Roberts and Thomas if Scalia actually grew a brain and dissented or did I miss something ?

(in reply to chatterbox24)
Profile   Post #: 69
RE: R.I.P. 4th Amendment - 4/29/2014 7:07:24 AM   
hot4bondage


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quote:

ORIGINAL: MrRodgers

So who were the 5 ? Alito, Kennedy, Roberts and Thomas if Scalia actually grew a brain and dissented or did I miss something ?


Breyer was the deciding vote, yet again. Don't ya just love the clarity SCOTUS gives us with all of these 5-4 votes?

(in reply to MrRodgers)
Profile   Post #: 70
RE: R.I.P. 4th Amendment - 4/29/2014 7:38:20 AM   
thompsonx


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quote:

ORIGINAL: thishereboi


quote:

ORIGINAL: thompsonx

http://sfpublicpress.org/news/2012-08/san-francisco-police-chief-to-be-nations-highest-paid-for-overseeing-14th-largest-force



and an article about one cop proves what exactly?


Well if the top cop gets 300K a year what do the rank and file get???minimum wage...please access google and discover the depth of your ignorance.

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Profile   Post #: 71
RE: R.I.P. 4th Amendment - 4/29/2014 7:46:35 AM   
thompsonx


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I was trying to make a joke! But I never have been good at that, so I just laugh at them myself.

Sorry, my bad.


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Profile   Post #: 72
RE: R.I.P. 4th Amendment - 4/29/2014 9:01:26 AM   
ThirdWheelWanted


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Joined: 4/23/2014
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quote:

ORIGINAL: chatterbox24

My step nephews truck was pulled over by an anonymous call with plates, the report was the vehicle was waving a gun at passers on the interstate. He had his daughter with him. They had them lay along side of the road, and his 14 year old daughter to search the vehicle. No gun was found. Considering the job he does, that would be the bad apple call. A vengeful call. Now who was responsible for that injustice? The caller or the police.



So your step nephew could have been shot, and he and his daughter were put down on the ground while their vehicle was searched, all because the police were allowed to use an anonymous tip as evidence. And you still think that's reasonable? Yes, the caller was clearly the instigator, but it wouldn't be an issue if anonymous reports were given the weight they deserve, which is basically nothing.

(in reply to chatterbox24)
Profile   Post #: 73
RE: R.I.P. 4th Amendment - 4/29/2014 9:32:35 AM   
MercTech


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quote:

ORIGINAL: DaddySatyr
However, if we are to accept SCOTUS as the ultimate authority (as proffered by the above two cases), doesn't it stand to reason that this latest case (The OP) is just as valid, rendering any dissent kind of moot?


Remember what the judiciary is for. Judiciary interprets the law.
The dissenting solution is the change the law if the decision sound unpalatable.

(in reply to DaddySatyr)
Profile   Post #: 74
RE: R.I.P. 4th Amendment - 4/29/2014 10:57:18 AM   
thishereboi


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quote:

ORIGINAL: thompsonx


ORIGINAL: thishereboi


quote:

ORIGINAL: thompsonx

http://sfpublicpress.org/news/2012-08/san-francisco-police-chief-to-be-nations-highest-paid-for-overseeing-14th-largest-force



and an article about one cop proves what exactly?


Well if the top cop gets 300K a year what do the rank and file get???minimum wage...please access google and discover the depth of your ignorance.




I already told you what they start at here and provided a link showing more. Sorry if it didn't back up your claim, but it didn't.

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(in reply to thompsonx)
Profile   Post #: 75
RE: R.I.P. 4th Amendment - 4/29/2014 12:13:47 PM   
thompsonx


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quote:

ORIGINAL: thishereboi

I already told you what they start at here and provided a link showing more. Sorry if it didn't back up your claim, but it didn't.



You have not told anyone shit...you posted up a graph of barny fife's pay grade showing that 60k was the median starting salary for a patrolman.
Have you a clue what the word median means?
Have you a clue what over time is?
check out the pay scales for the ten largest police departments not the pay scale for buttfuck alabama.


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Profile   Post #: 76
RE: R.I.P. 4th Amendment - 4/30/2014 5:52:56 AM   
chatterbox24


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quote:

ORIGINAL: ThirdWheelWanted

quote:

ORIGINAL: chatterbox24

My step nephews truck was pulled over by an anonymous call with plates, the report was the vehicle was waving a gun at passers on the interstate. He had his daughter with him. They had them lay along side of the road, and his 14 year old daughter to search the vehicle. No gun was found. Considering the job he does, that would be the bad apple call. A vengeful call. Now who was responsible for that injustice? The caller or the police.



So your step nephew could have been shot, and he and his daughter were put down on the ground while their vehicle was searched, all because the police were allowed to use an anonymous tip as evidence. And you still think that's reasonable? Yes, the caller was clearly the instigator, but it wouldn't be an issue if anonymous reports were given the weight they deserve, which is basically nothing.



If you recall from my post I said that would be an example of a bad apple call. A vengeful call, and yes it was way over the top and abusive. SO not only was the call wrong, the police were wrong. My step nephew usually carries a gun too, but he didn't have it on him, in fact he had just forgot it that day. Lucky for him. That would be an example of corruption. No it wasn't reasonable. Do you think he just sat on his hands and said whoops, not hardly.

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Profile   Post #: 77
RE: R.I.P. 4th Amendment - 4/30/2014 9:10:02 AM   
thishereboi


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quote:

ORIGINAL: thompsonx


quote:

ORIGINAL: thishereboi

I already told you what they start at here and provided a link showing more. Sorry if it didn't back up your claim, but it didn't.



You have not told anyone shit...you posted up a graph of barny fife's pay grade showing that 60k was the median starting salary for a patrolman.
Have you a clue what the word median means?
Have you a clue what over time is?
check out the pay scales for the ten largest police departments not the pay scale for buttfuck alabama.




You are as predictable as you are funny. And where did you get Alabama from? Maybe it's time to put down the glass and step back from the computer for a bit.

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Profile   Post #: 78
RE: R.I.P. 4th Amendment - 4/30/2014 10:15:27 AM   
fucktoyprincess


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quote:

ORIGINAL: hot4bondage

I stand by my description. The facts in this case do not support the court's ruling. Here's why:

1. The caller made a complaint, an accurate description of the vehicle, and an accurate description of the general location a few minutes after the alleged incident. That's all the officer had to go on before he made the stop. You could easily do the same thing to your neighbor just for kicks. I think the fact that the suspect had, uh, 30 pounds of weed throws some people off. "The officer smelled pot. The guy had pot. Fuck that guy." Or something like that. The officer didn't smell marijuana until after he made the stop.

2. Again, the majority ruled that the call was somehow anonymous AND reliable based solely on the three details listed above.

3. If anything, the officer's statement was exculpatory. The only thing he witnessed prior to the stop was five minutes of "irreproachable" driving.

Based on this ruling, an anonymous tip can indeed be enough reason for the police to make a stop.


An anonymous tip is not necessarily a reliable one. So I just flat out disagree that my neighbor example would be the same as the above. Contrary to what you think police do NOT respond to every call that comes in. That's not how law enforcement works.


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RE: R.I.P. 4th Amendment - 5/1/2014 12:34:35 AM   
ThirdWheelWanted


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Joined: 4/23/2014
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quote:

ORIGINAL: chatterbox24


quote:

ORIGINAL: ThirdWheelWanted

quote:

ORIGINAL: chatterbox24

My step nephews truck was pulled over by an anonymous call with plates, the report was the vehicle was waving a gun at passers on the interstate. He had his daughter with him. They had them lay along side of the road, and his 14 year old daughter to search the vehicle. No gun was found. Considering the job he does, that would be the bad apple call. A vengeful call. Now who was responsible for that injustice? The caller or the police.



So your step nephew could have been shot, and he and his daughter were put down on the ground while their vehicle was searched, all because the police were allowed to use an anonymous tip as evidence. And you still think that's reasonable? Yes, the caller was clearly the instigator, but it wouldn't be an issue if anonymous reports were given the weight they deserve, which is basically nothing.



If you recall from my post I said that would be an example of a bad apple call. A vengeful call, and yes it was way over the top and abusive. SO not only was the call wrong, the police were wrong. My step nephew usually carries a gun too, but he didn't have it on him, in fact he had just forgot it that day. Lucky for him. That would be an example of corruption. No it wasn't reasonable. Do you think he just sat on his hands and said whoops, not hardly.


Yes, you did say that this was a vengeful call, while still defending the use of anonymous tips. You wrote an entire post that basically boiled down to What's the big deal? If you're not doing anything wrong and your nose is clean why be worried about being pulled over? Well being yanked from your car at gunpoint, with your daughter, and being made to lay on the ground while your car is searched, is the big deal. I assume that your nephew was a legal, his nose was clean, so he just had a bit of an interruption in his day, right? That shouldn't be a concern, right?

What does the rest of this have to do with the issue at hand? What difference does it make if he just sat on his hands or not? He was still targeted by the police because of an anonymous tip. Had they not been allowed to act on such tips, then your nephew wouldn't have suffered through what he did. As you pointed out, what if he had been carrying that day? Odds are, he would have been arrested, possibly charged and convicted. All because an anonymous someone said that he was waving a gun around. Seems wrong to me, but you seem perfectly willing to accept it in other circumstances.

(in reply to chatterbox24)
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