General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsDid a recent SCOTUS ruling really "Gut the 4th Amendment"?? Has anyone else seen this? If so, what
are your thoughts on it? Justice Sonia Sotomayor seems to think so with her dissenting opinion, at least the way I read it. The whole article is worth reading. The "Motorcycle Profiling Project" started out as a group opposed to the police profiling of Bikers, but this ruling on 6/20/16 impacts EVERYONE, so please don't skip over it just because you don't ride..
Supreme Court Guts the Fourth Amendment
Incriminating evidence found during an illegal stop should be considered fruit from the poisonous tree. The Supreme Court has long excluded incriminating evidence found as a result of an illegal stop conducted without reasonable suspicion or probable cause. Over time the court has embraced exceptions to this rule. But recently the court created an expansive exception which gives law enforcement much more authority to search persons stopped for no reason at all. In the words of Justice Sonia Sotomayor, this decision says that your body is subject to invasion while courts excuse the violation of your rights. It implies that you are not a citizen of a democracy. This new exception means that anyone can be stopped at any time, regardless of guilt or innocence. What can be done? State legislation is one of the only mechanisms available to provide civil liberty protection beyond limited federal minimums.
The Courts Decision
The U.S. Supreme Court ruled on June 20th that courts need not suppress evidence of a crime obtained through an illegal stop if an outstanding warrant is discovered after the seizure.
The facts of the case: A man named Edward Strieff was seen leaving a location under surveillance for drug dealing based on a tip from an anonymous source. Narcotics detective Douglas Fackrell admitted he had no reason to believe Strieff had done anything wrong. But he still illegally stopped Streiff and detained him while radioing in to check for outstanding warrants. A warrant for a minor traffic offense came back so the detective searched Streiff and discovered a small amount of illegal drugs. The Utah Supreme Court threw out the conviction because it stemmed from an illegal stop.
But in a 5-3 decision the majority said that officer Fackrells discovery of the outstanding warrant broke the connection to the unconstitutional stop. As a result, the evidence found in the search could be used in court.
{snip}
Justice Sotomayors dissent explains the dangerous precedent. Police will be able to stop anyone on a whim or a hunch. That illegal stop can then be extended to search for a minor outstanding warrant, a warrant that the police officer didnt know existed before the illegal seizure. A warrant obtained as a direct result of an illegal stop which can then be used to conduct a search and obtain incriminating evidence. Previous to June 20th, evidence obtained in this way could not be used in court.
http://www.motorcycleprofilingproject.com/supreme-court-guts-fourth-amendment/
It looks to me like more Rights are being eroded, and we've taken a step or two closer to a Police State.... Your thoughts/opinions would be greatly appreciated, and I thank you in advance because, as per my normal posting style, I do not reply to each and every response just to build up my post count...
Peace,
Ghost
MagickMuffin
(15,930 posts)However, because of the WOD's this amendment has been abused repeatedly by LEO. They can search you without a warrant, can take your possessions and you have no recourse to do much of anything about it.
Due process doesn't exist for the 4th amendment
Hopefully if more liberal minded and less conservative SCJ are appointed, perhaps we can overturn this invasion of our civil liberties!
Warpy
(111,130 posts)since the cops think all POC are doing or dealing drugs or both. Fishing expeditions by law enforcement are the things the Fourth was supposed to prevent. Unfortunately, the stupid and futile war on drugs has been used as the main way to strip civil rights from all of us, but especially POC. Even Nixon admitted as much when he started the whole mess.
It's time to end it and abolish the body of bad law like civil forfeiture that came with it.
tblue37
(65,216 posts)Warren DeMontague
(80,708 posts)That's why we have prisons full of pot smokers.
Calculating
(2,955 posts)It's been gnawed down to nothing in the name of giving police more tools to use fighting drug use.
If the 2nd was degraded in a way comparable to the current state of the 4th, we'd be limited to double barrel shotguns and such.