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. #51
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    Re: Stop and Frisk practices

    Quote Originally Posted by mattillac View Post

    Should this be legal ?

    It should be completely illegal. No Warrant no Search.
    "A nation can survive its fools, and even the ambitious. But it cannot survive treason from within. An enemy at the gates is less formidable, for he is known and carries his banner openly. But the traitor moves amongst those within the gate freely, his sly whispers rustling through all the alleys, heard in the very halls of government itself. For the traitor appears not a traitor; he speaks in accents familiar to his victims, and he wears their face and their arguments, he appeals to the baseness that lies deep in the hearts of all men. He rots the soul of a nation, he works secretly and unknown in the night to undermine the pillars of the city, he infects the body politic so that it can no longer resist. A murder is less to fear"

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  2. #52
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    Re: Stop and Frisk practices

    Quote Originally Posted by radcen View Post
    There's something not right about requiring a person to waive their Constitutional rights just to take part in an otherwise legal activity (i.e.: driving, etc.).

    Spare me the "driving is a privilege, not a right" claptrap. Being free from unnecessary search and seizure without or a warrant for ANY crime is a right... though lately I'm starting to wonder.
    Right or wrong the courts have backed this. Also, they do not search you until they have probable cause. ie: smell alcohol or slurred speech. I'm not a big fan either but the particulars should be properly presented. The courts have also ruled that these stops must be advertised so you can decide to go another way.

  3. #53
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    Re: Stop and Frisk practices

    Quote Originally Posted by 1Perry View Post
    Right or wrong the courts have backed this. Also, they do not search you until they have probable cause. ie: smell alcohol or slurred speech. I'm not a big fan either but the particulars should be properly presented. The courts have also ruled that these stops must be advertised so you can decide to go another way.
    That's what is said, I had an officer shine his light into my vehicle without any cause, I know he didn't smell anything on me because I didn't have a drink that night, as well they only advertise that they are conducting a search, in a large area that is not sufficient for avoidance.
    Neither side in an argument can find the truth when both make an absolute claim on it.

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  4. #54
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    Re: Stop and Frisk practices

    Quote Originally Posted by radcen View Post
    The official line is that these checkpoints are voluntary. Just try telling the officer that, or making a u-turn to avoid the checkpoint, that and see how it works out for ya.
    Actually, people have gotten off after making turning around to avoid a checkpoint. The court ruled that turning around is not "probable cause" and did not justify the search the followed. However

    1) This may not apply in all jurisdictions, so I wouldn't rely on it
    2) U-turns are generally illegal, so turn around in a manner consistent with your local traffic laws.
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    Justice Thomas' opinions consistently contain precise, detailed constitutional analyses.
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    the vast majority of folks that need healthcare are on Medicare.. both rich and poor..

  5. #55
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    Re: Stop and Frisk practices

    Quote Originally Posted by LaMidRighter View Post
    That's what is said, I had an officer shine his light into my vehicle without any cause, I know he didn't smell anything on me because I didn't have a drink that night, as well they only advertise that they are conducting a search, in a large area that is not sufficient for avoidance.
    Shining a light into a car is not considered a search requiring probable cause or a warrant. It merely allows the officer to see things which you left in "plain sight".

    Of course, this has nothing to do with why the cops stopped you in the first place. Stopping a car should require, at the very least, "reasonable suspicion" which is a lower standard than "probable cause"
    Quote Originally Posted by matchlight View Post
    Justice Thomas' opinions consistently contain precise, detailed constitutional analyses.
    Quote Originally Posted by jaeger19 View Post
    the vast majority of folks that need healthcare are on Medicare.. both rich and poor..

  6. #56
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    Re: Stop and Frisk practices

    Quote Originally Posted by sangha View Post
    2) U-turns are generally illegal, so turn around in a manner consistent with your local traffic laws.
    U-Turns are legal less otherwise posted.
    You know the time is right to take control, we gotta take offense against the status quo

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  7. #57
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    Re: Stop and Frisk practices

    Quote Originally Posted by X Factor View Post
    I disagree that anyone claims that submitting to checkpoints is voluntary. The actual rationale is that you've given your implied consent. You're confusing two separate things.
    It's "implied consent" but there's not much choice to it. Less you live in a big enough city where public transport is adequate; functionally you often need a car. Which means you must agree to the government's terms.
    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."

  8. #58
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    Re: Stop and Frisk practices

    Quote Originally Posted by X Factor View Post
    I see. So no arrest or search should ever occur without a warrant?
    If there's probable cause for a search maybe.
    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."

  9. #59
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    Re: Stop and Frisk practices

    Quote Originally Posted by X Factor View Post
    I see. So no arrest or search should ever occur without a warrant?
    Not without probable case, no. If out couldn't get a warrant, you have no business conducting a search.
    There is nothing demonstrably true that religion can provide the world that cannot be achieved more rationally through entirely secular means.

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  10. #60
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    Re: Stop and Frisk practices

    Quote Originally Posted by Cephus View Post
    Not without probable case, no. If out couldn't get a warrant, you have no business conducting a search.
    Awesome, so if I'm driving drunk at 100 mph, get pulled over then stash the dope that had been in my passenger seat into the glove box as the cop is walking up to my window and he sees me, he needs to let me go until he can get an arrest and search warrant?

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