Free Republic
Browse · Search
General/Chat
Topics · Post Article

Skip to comments.

Supreme Court Rules Police Can Violate The 4th Amendment
Zero Hedge ^ | 1/27/14 | Tyler Durden

Posted on 01/27/2015 1:17:30 PM PST by Yellowstone Joe

WASHINGTON, D.C. — In a blow to the constitutional rights of citizens, the U.S. Supreme Court ruled 8-1 in Heien v. State of North Carolina that police officers are permitted to violate American citizens’ Fourth Amendment rights if the violation results from a “reasonable” mistake about the law on the part of police. Acting contrary to the venerable principle that “ignorance of the law is no excuse,” the Court ruled that evidence obtained by police during a traffic stop that was not legally justified can be used to prosecute the person if police were reasonably mistaken that the person had violated the law. The Rutherford Institute had asked the U.S. Supreme Court to hold law enforcement officials accountable to knowing and abiding by the rule of law. Justice Sonia Sotomayor, the Court’s lone dissenter, warned that the court’s ruling “means further eroding the Fourth Amendment’s protection of civil liberties in a context where that protection has already been worn down.”

The Rutherford Institute’s amicus brief in Heien v. North Carolina is available at www.rutherford.org.

“By refusing to hold police accountable to knowing and abiding by the rule of law, the Supreme Court has given government officials a green light to routinely violate the law,” said John W. Whitehead, president of The Rutherford Institute and author of the award-winning book A Government of Wolves: The Emerging American Police State. “This case may have started out with an improper traffic stop, but where it will end—given the turbulence of our age, with its police overreach, military training drills on American soil, domestic surveillance, SWAT team raids, asset forfeiture, wrongful convictions, and corporate corruption—is not hard to predict. This ruling is what I would call a one-way, nonrefundable ticket to the police state.”

(Excerpt) Read more at google.com ...


TOPICS:
KEYWORDS: 4thamendment; scotus; search; seizure
Navigation: use the links below to view more comments.
first previous 1-20 ... 61-8081-100101-120121 next last
To: Yellowstone Joe

I dont see anything wrong with this.

made up example : Police pull someone over because they think their inspection sticker is expired because it’s smudged or something or is hanging lose and is hard to read... it turns out it wasn’t expired, but as they are talking to the driver... they look in the back seat and see a dead body.

Are you telling me they shouldn’t be able to arrest them after seeing the dead body just because it turns out they didn’t have an valid reason to pull them over to begin with?


101 posted on 01/27/2015 4:05:04 PM PST by TexasFreeper2009 (Obama lied .. the economy died.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Yellowstone Joe

The supreme fascist court instigated the first civil war with its Dred Scott decision and suffered no consequences. This time the supreme fascist court faces judgement, including hanged by the neck until dead, in the imminent American-style Nuremburg trials.


102 posted on 01/27/2015 4:08:55 PM PST by sergeantdave
[ Post Reply | Private Reply | To 1 | View Replies]

To: Yellowstone Joe

This leads to what many in law enforcement for any purposes see/believe is their entitlement. My experience is that the young newbies are particularly prone to throw their weight around.


103 posted on 01/27/2015 4:09:03 PM PST by noinfringers2
[ Post Reply | Private Reply | To 5 | View Replies]

To: Yellowstone Joe

This leads to what many in law enforcement for any purposes see/believe is their entitlement. My experience is that the young newbies are particularly prone to throw their weight around.


104 posted on 01/27/2015 4:09:12 PM PST by noinfringers2
[ Post Reply | Private Reply | To 5 | View Replies]

To: Yellowstone Joe; Azeem

The Wise One must not have understood the issue ...


105 posted on 01/27/2015 4:13:16 PM PST by Let's Roll (Before it can get any better it has to stop getting worse - vote 4 most conservative available)
[ Post Reply | Private Reply | To 6 | View Replies]

To: Yellowstone Joe
Here is the web address of the USSC: http://www.supremecourt.gov/

I check it daily--you can, too. Each opinion is summarized in two-to-four pages, so you can get the essence without reading voluminously.

You may wish to bookmark it.

106 posted on 01/27/2015 4:31:38 PM PST by Hebrews 11:6 (Do you REALLY believe that (1) God IS, and (2) God IS GOOD?)
[ Post Reply | Private Reply | To 85 | View Replies]

To: Hebrews 11:6

Thanks, I’ll do that


107 posted on 01/27/2015 4:47:37 PM PST by Yellowstone Joe (God is great, beer is good, and people are crazy)
[ Post Reply | Private Reply | To 106 | View Replies]

To: Hebrews 11:6

Thanks, I’ll do that


108 posted on 01/27/2015 4:47:39 PM PST by Yellowstone Joe (God is great, beer is good, and people are crazy)
[ Post Reply | Private Reply | To 106 | View Replies]

To: Mad Dawgg

Thus my tagline. The Republic ended the day Congress decided not to stop the President from violating immigration law.


109 posted on 01/27/2015 5:03:37 PM PST by ez (RIP America 1776-2014. Long live the oligarchy.)
[ Post Reply | Private Reply | To 25 | View Replies]

To: Azeem

Well at least she has some marbles. I’m surprised at the “conserative” justices though.


110 posted on 01/27/2015 5:03:44 PM PST by Nowhere Man (Mom I miss you! (8-20-1938 to 11-18-2013) Cancer sucks)
[ Post Reply | Private Reply | To 3 | View Replies]

To: Yellowstone Joe
If you'd like to get out ahead on some of these cases, there are many ways to do so, but one excellent and widely-respected resource is POWERLINE.

Three of the four bloggers are attorneys, and among many other interests they follow Supreme Court cases from a conservative viewpoint.

See, for example, one of today's posts: "TRUST US, WE'RE THE GOVERNMENT, OBAMA ADMINISTRATION TELLS SUPREME COURT."

111 posted on 01/27/2015 5:04:39 PM PST by Hebrews 11:6 (Do you REALLY believe that (1) God IS, and (2) God IS GOOD?)
[ Post Reply | Private Reply | To 85 | View Replies]

To: noinfringers2
My experience is that the young newbies are particularly prone to throw their weight around.

The newbies are being taught an "us vs them" mentality reminiscent of the doberman puppies in Animal Farm.

112 posted on 01/27/2015 5:22:55 PM PST by ez (RIP America 1776-2014. Long live the oligarchy.)
[ Post Reply | Private Reply | To 104 | View Replies]

To: Yellowstone Joe

So for us, ignorance is not a defense, but for those who are supposed to know and enforce the law, it is.


113 posted on 01/27/2015 5:27:30 PM PST by rey
[ Post Reply | Private Reply | To 1 | View Replies]

To: justlurking

Yup. Go forth and change the courts accordingly.


114 posted on 01/27/2015 5:42:57 PM PST by ctdonath2 (Si vis pacem, para bellum.)
[ Post Reply | Private Reply | To 73 | View Replies]

To: bamahead

You missed a key point - the cop asked to search.


115 posted on 01/27/2015 5:43:49 PM PST by ctdonath2 (Si vis pacem, para bellum.)
[ Post Reply | Private Reply | To 60 | View Replies]

To: Yellowstone Joe

What the hell every happened to “ignorance of the law is no defense”?


116 posted on 01/27/2015 8:04:04 PM PST by SgtHooper (Anyone who remembers the 60's, wasn't there!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: 1rudeboy

LMAO!!


117 posted on 01/27/2015 8:05:27 PM PST by SgtHooper (Anyone who remembers the 60's, wasn't there!)
[ Post Reply | Private Reply | To 16 | View Replies]

To: Hebrews 11:6

I really appreciate. I’ll book mark them with the other link you gave me for later reference.


118 posted on 01/27/2015 8:42:29 PM PST by Yellowstone Joe (God is great, beer is good, and people are crazy)
[ Post Reply | Private Reply | To 111 | View Replies]

To: 1rudeboy

I call those people “knee jerks”


119 posted on 01/27/2015 8:56:10 PM PST by plain talk
[ Post Reply | Private Reply | To 16 | View Replies]

To: Yellowstone Joe

They have figuratively made having a toss-away gun, to be used for planted “evidence”, legal and can now shoot at will “just because”.


120 posted on 01/28/2015 2:03:37 AM PST by trebb (Where in the the hell has my country gone?)
[ Post Reply | Private Reply | To 1 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-20 ... 61-8081-100101-120121 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
General/Chat
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson