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ellenrr

(3,864 posts)
Tue Dec 16, 2014, 09:08 AM Dec 2014

Supreme Court Sides With Police In 4th Amendment Case Arising from Officer’s ‘Mistake of Law’

In a decision issued this morning, the U.S. Supreme Court sided with the police in a case arising from an officer’s “mistake of law.” At issue in Heien v. North Carolina was a 2009 traffic stop for a single busted brake light that led to the discovery of illegal drugs inside the vehicle. According to state law at the time, however, motor vehicles were required only to have “a stop lamp,” meaning that the officer did not have a lawful reason for the initial traffic stop because it was not a crime to drive around with a single busted brake light. Did that stop therefore violate the 4th Amendment’s guarantee against unreasonable search and seizure? Writing today for the majority, Chief Justice John Roberts held that it did not. “Because the officer’s mistake about the brake-light law was reasonable,” Roberts declared, “the stop in this case was lawful under the Fourth Amendment.”

Roberts’ opinion was joined by Justices Antonin Scalia, Anthony Kennedy, Clarence Thomas, Ruth Bader Ginsburg, Stephen Breyer, Samuel Alito, and Elena Kagan. Writing alone in dissent, Justice Sonia Sotomayor criticized her colleagues for giving the police far too much leeway. “One is left to wonder,” she wrote, “why an innocent citizen should be made to shoulder the burden of being seized whenever the law may be susceptible to an interpretative question.” In Sotomayor's view, “an officer’s mistake of law, no matter how reasonable, cannot support the individualized suspicion necessary to justify a seizure under the Fourth Amendment.”

http://reason.com/blog/2014/12/15/supreme-court-sides-with-police-in-4th-a

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Supreme Court Sides With Police In 4th Amendment Case Arising from Officer’s ‘Mistake of Law’ (Original Post) ellenrr Dec 2014 OP
That cop in Victoria Tx was wrong on the law, but Ilsa Dec 2014 #1
yes, pretty much. "soft" fascism, but all the more effective, for that. nt ellenrr Dec 2014 #2
"Soft" works better. Like the frog and the warm pot Ilsa Dec 2014 #3
I agree, altho ellenrr Dec 2014 #4
If it's any consolidation rock Dec 2014 #6
SCOTUS rejects "innocent until proven guilty" and allows cops Malraiders Dec 2014 #5

Ilsa

(61,695 posts)
1. That cop in Victoria Tx was wrong on the law, but
Tue Dec 16, 2014, 09:32 AM
Dec 2014

He could have killed the septagenarian when he tazed him and wrestled him to the ground. But Roberts et al thinks that is okay; no legal mistake made, no cause for correcting professional behavior or collecting damages.

Is it fascism yet?

ellenrr

(3,864 posts)
4. I agree, altho
Tue Dec 16, 2014, 09:43 AM
Dec 2014

altho I dislike that particular analogy, due to emphathy with frogs.

But I get your point.
We are moving gradually, (compared to Hitler , Mussolini, etc.) slowly, and - mostly- non-dramatically.
Depending on who you are.
For the family, friends , and community of a young Black man murdered by the police, then it is certainly dramatic.

but how many of the main-stream americans will know about any supreme court decision or be able to contemplate the implications....

rock

(13,218 posts)
6. If it's any consolidation
Tue Dec 16, 2014, 10:51 AM
Dec 2014

The story is a myth. http://www.snopes.com/critters/wild/frogboil.asp

On the other hand the underlying point is true! I prefer the tale of King Louis xvi and his gradual suppression that lead to his toppling. I believe if w had had a couple of more terms we might have seen similar events. He apparently had no sense for the water temperature. Oops, oh well the analogy still works.

Malraiders

(444 posts)
5. SCOTUS rejects "innocent until proven guilty" and allows cops
Tue Dec 16, 2014, 10:49 AM
Dec 2014

to justify their attitude of seeing all citizens as criminals even as the cop makes up a convenient crime so the cop can harrass and intimidate at will.

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