View Poll Results: Should stopping and frisking be illegal?

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  • NO

    9 33.33%
  • YES

    17 62.96%
  • I DON'T KNOW

    1 3.70%
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Thread: Stop and Frisk practices

  1. #11
    Dungeon Master
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    Re: Stop and Frisk practices

    Quote Originally Posted by LaMidRighter View Post
    You know, this reminds me of the checkpoints. In my state we have them for insurance/safety checks and OWI checks which I find ridiculous, they will literally stop the flow of traffic to test everyone who happens to be on the road, being on the road is NOT probable cause. .
    Might ought to look up "implied consent".

  2. #12
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    Re: Stop and Frisk practices

    I can't say that I've ever seen this happen or know anyone it's happened to so it would be hard for me to comment without context. Nobody is frisking me though without good cause.

  3. #13
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    Re: Stop and Frisk practices

    Quote Originally Posted by X Factor View Post
    Might ought to look up "implied consent".
    Yeah, I think most of that is complete BS
    You know the time is right to take control, we gotta take offense against the status quo

    Quote Originally Posted by A. de Tocqueville
    "I should have loved freedom, I believe, at all times, but in the time in which we live I am ready to worship it."

  4. #14
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    Re: Stop and Frisk practices

    Quote Originally Posted by X Factor View Post
    Might ought to look up "implied consent".
    So being on the road is implying consent in your opinion? And how then does that trump due process and probable cause in a traffic stop? In other words if I am working and on the road at the same time as partiers, I am stone cold sober, not weaving in and out of lanes, and driving in a perfectly safe and legal manner then what would lead police to think it's okay to summarily stop me, flash their lights into the cab of my vehicle, and ask me a bunch of questions in an accusatory manner? What is the justification past "the bars are open and serving while this guy is on the road"?
    Last edited by LaMidRighter; 10-24-11 at 09:11 PM.
    Neither side in an argument can find the truth when both make an absolute claim on it.

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  5. #15
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    Re: Stop and Frisk practices

    I goofed. I voted no because I misread, of course stopping and frisking should be illegal without cause.
    Neither side in an argument can find the truth when both make an absolute claim on it.

    LMR

  6. #16
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    Re: Stop and Frisk practices

    Quote Originally Posted by Redress View Post
    I have been in the position of being pulled over and asked if they have permission to search my car. They put a lot of pressure on you, and if you indicate you would rather not, they start with threatening to hold you up while they get a warrant. Walking up to some one and asking for permission without some kind of cause is very iffy at best, and can be abused too easily.
    Then they are not following the law. They can't hold you until they get the warrant, and without probable cause, they shouldn't get one anyway. That's just intimidation, and not only should be against the law, it is against the law.
    Liberté. Égalité. Fraternité.

  7. #17
    Dungeon Master
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    Re: Stop and Frisk practices

    Quote Originally Posted by Redress View Post
    I have been in the position of being pulled over and asked if they have permission to search my car. They put a lot of pressure on you, and if you indicate you would rather not, they start with threatening to hold you up while they get a warrant. Walking up to some one and asking for permission without some kind of cause is very iffy at best, and can be abused too easily.
    I don't doubt the situation can feel coercive to someone who's being asking if they'll consent to a frisk, however, it doesn't really matter what the person detained thinks they're being compelled to do. If the objective facts show that it's nothing more than a voluntary encounter, I don't see how or why such practices should be prohibited.

  8. #18
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    Re: Stop and Frisk practices

    Quote Originally Posted by X Factor View Post
    I don't doubt the situation can feel coercive to someone who's being asking if they'll consent to a frisk, however, it doesn't really matter what the person detained thinks they're being compelled to do. If the objective facts show that it's nothing more than a voluntary encounter, I don't see how or why such practices should be prohibited.
    So if an officer shows up to your house with his hand on his weapon while standing in your door and asks to "come in and take a look, just for giggles" you wouldn't feel a little threatened. Let's say you tell him to **** off and he says "K, I'll just wait here till the judge faxes me a warrant, I'll be a little more thorough then since I have the time, hope your stuff doesn't get ruined" you wouldn't feel a little compelled to comply?
    Neither side in an argument can find the truth when both make an absolute claim on it.

    LMR

  9. #19
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    Re: Stop and Frisk practices

    Quote Originally Posted by X Factor View Post
    Yes, it's fine as long as the person gives their consent to the frisk. I believe this is what's referred to as a voluntary encounter. Without consent though, you need reasonable suspicion to detain and frisk and probable cause to arrest/search.
    I think this should be looked at as no you have not given consent and I would assume if you resist you would be arrested for something such as failure to cooperate.


    Quote Originally Posted by LaMidRighter View Post
    Better have probable cause in my opinion. If an officer stops me and says he want's to ask questions because a guy fitting my description robbed a convenience store I will happily answer questions as I didn't do it, as well if I fit a description it is understandable that the officer would be concerned for his own safety so I could see a frisk being necessary. Just for walking down the street? OH HELL NO!
    Reminds me of the time I was picked on the way home from 8th grade. I was frisked, placed in the cruiser and driven to a gas station that had been robbed so that the clerk could eye ball me. I wasn't really upset other than I was a juvenile and wasn't returned to the specific area I was picked up. If the cop had half a brain he would have realized I was at school when the robbery occurred, the joke was on him IMO.
    Last edited by Utility Man; 10-24-11 at 09:17 PM.
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  10. #20
    Dungeon Master
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    Re: Stop and Frisk practices

    Quote Originally Posted by Ikari View Post
    Yeah, I think most of that is complete BS
    Can't say I'm particularly shocked.

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