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Thread: NYPD Stop and Frisk Ruled Unconstitutional

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    Re: NYPD Stop and Frisk Ruled Unconstitutional

    Quote Originally Posted by Fisher View Post
    If police are encountering people, they have a right to conduct Terry searches for their own protection. That some do not does not mean that those who do are legally wrong. While I am conflicted on the politics of it, the law is not that nuanced--they can do it.

    Well, the SCOTUS was wrong on that ruling too. They get it wrong sometimes. Bush v Gore!

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    NYPD Stop and Frisk Ruled Unconstitutional

    Quote Originally Posted by Fisher View Post
    So you think that officers on foot have no legal justification to interact with others on the street? That is the only circumstance in which Terry would not allow them to do a cursory pat down. The case isn't about whether they can do it, but whether they can selectively do it to black people as opposed to similarly situated white people in such a manner as that it creates a de facto public policy against black people
    "Interaction" and "stop" are not the same thing. the police do not have the right to pat you down without stopping you. And to stop you the must have reasonable suspicion.

    And the judge found both indirect racial profiling and large scale disregard of the 4th amendment so her decision was not solely about race.
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    Re: NYPD Stop and Frisk Ruled Unconstitutional

    Quote Originally Posted by Fisher View Post
    So you think that officers on foot have no legal justification to interact with others on the street? That is the only circumstance in which Terry would not allow them to do a cursory pat down. The case isn't about whether they can do it, but whether they can selectively do it to black people as opposed to similarly situated white people in such a manner as that it creates a de facto public policy against black people
    The supreme court ruled in the Terry case that a police officer "has reason to believe that he is dealing with an armed and dangerous individuals". That the individual "has commited, is commiting, or is about to commit a crime". That's the reason they are required to do a write up and can will put down "suspect looked over shoulder constantly" "suspect followed person for period of time". T
    “Capitalism is the astounding belief that the most wickedest of men will do the most wickedest of things for the greatest good of everyone.” John Maynard Keynes

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    Re: NYPD Stop and Frisk Ruled Unconstitutional

    Quote Originally Posted by Gaius46 View Post
    From the NY Times a couple of days ago

    I haven't read the opinion yet but according to the article the judge came down pretty hard on the Bloomberg administration and the Police department.
    All I can say is it's about time.
    it'll be constitutional if Scalia et al. get it ...

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    Re: NYPD Stop and Frisk Ruled Unconstitutional

    Quote Originally Posted by Montecresto View Post
    Well, the SCOTUS was wrong on that ruling too. They get it wrong sometimes. Bush v Gore!
    wrong does not make it invalid. the law is what it is.

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    Re: NYPD Stop and Frisk Ruled Unconstitutional

    Quote Originally Posted by Gaius46 View Post
    "Interaction" and "stop" are not the same thing. the police do not have the right to pat you down without stopping you. And to stop you the must have reasonable suspicion.

    And the judge found both indirect racial profiling and large scale disregard of the 4th amendment so her decision was not solely about race.
    Quote Originally Posted by iliveonramen View Post
    The supreme court ruled in the Terry case that a police officer "has reason to believe that he is dealing with an armed and dangerous individuals". That the individual "has commited, is commiting, or is about to commit a crime". That's the reason they are required to do a write up and can will put down "suspect looked over shoulder constantly" "suspect followed person for period of time". T
    There has been a long line of disturbing search and seizure case law since Terry due to the war on drugs not wanting to let any drug dealer get off. If this goes to the SCOTUS, you will see I am right in that the searches will be deemed legal whether I agree with them or not.

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    Re: NYPD Stop and Frisk Ruled Unconstitutional

    Quote Originally Posted by Fisher View Post
    wrong does not make it invalid. the law is what it is.

    Oh sure, I realize that. They gave us Bush, they were wrong, Sandra Day O'Conner has as much as admitted so, but we still had his sorry ass for eight years, lol.

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    NYPD Stop and Frisk Ruled Unconstitutional

    Quote Originally Posted by windowdressing View Post
    it'll be constitutional if Scalia et al. get it ...
    Scalia is actually pretty good in defending the 4th - at least of late.
    Don't be a grammar nazi - Marcus Aurelius, Meditations, Book 1 #7

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    Re: NYPD Stop and Frisk Ruled Unconstitutional

    Quote Originally Posted by Fisher View Post
    There has been a long line of disturbing search and seizure case law since Terry due to the war on drugs not wanting to let any drug dealer get off. If this goes to the SCOTUS, you will see I am right in that the searches will be deemed legal whether I agree with them or not.
    I really you're wrong about that. The 4th is verging on becoming a fig leaf of a protection as it is.
    Don't be a grammar nazi - Marcus Aurelius, Meditations, Book 1 #7

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    Re: NYPD Stop and Frisk Ruled Unconstitutional

    Quote Originally Posted by Gaius46 View Post
    From the NY Times a couple of days ago

    I haven't read the opinion yet but according to the article the judge came down pretty hard on the Bloomberg administration and the Police department.
    All I can say is it's about time.
    Yes, it IS about time. That law was declared unconstitutional because it was racist as hell.
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