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Author Topic: Supreme Court made a mistake
SStylez
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Check out this ruling that affects us all. http://www.msnbc.com/news/563763.asp#BODY They made a bad mistake, it gives cops too much power. :(
Posts: 143 | From: Bay Area, CA | Registered: Dec 2000  |  IP: Logged
KevinA
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YUP

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Posts: 2502 | From: Binghamton, NY | Registered: Feb 2000  |  IP: Logged
Scott Chab
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Unbelievable...

Chab


Posts: 1762 | From: Wilmington, DE, USA | Registered: Feb 2000  |  IP: Logged
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Typical!!!
Posts: 119 | From: NM | Registered: Jan 2001  |  IP: Logged
Joey Red
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Unbelievable!!! Just imagine going through a spot check and getting told to pull over on the side only to get arrested for no front plate or expired inspection. WTF!!
Posts: 1413 | From: Wappingers Falls,NY | Registered: Jun 2000  |  IP: Logged
Doug 97SS #1499
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Yikes!

Oh well, I figure in about 100 years this country will over govern and destroy itself. Kinda like what happened to Rome.

Doug


Posts: 1031 | From: Germantown, MD USA | Registered: Feb 2000  |  IP: Logged
poSSum
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I hate to dissent here but the Supreme Court changed absolutely nothing.

From the article

quote:
ÊTexas law allows police to make arrests for routine traffic violations, except for speeding.

the Supreme Court simply ruled that under Texas law the arrest was legal and did not give rise to a situation where she could sue for the arrest.

The also went on to say that the state should be lobbied to change the law, an opinion I agree with.

Keep in mind this is an opinion from north of the border

[ 25 April 2001: Message edited by: poSSum ]


Posts: 4222 | From: Winnipeg MB CA | Registered: Feb 2000  |  IP: Logged
John -- '02 HAWK
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You can be arrested for any offense other than speeding. you may think this is silly until you hear the whole story

The lady habitually got into run ins with the same officier(like all small towns theres only 1-2 traffic cops). The officer was always citing or warning for the same minor stuff speeding, seat belts, kids not in belts. which leads into one of the kids throwing a toy out a window. So they went back to look for it all the kids were hanging out the windows, and so was she as the looked for the toy. While this going on the cop pulls up and sees all the kids hanging out the window and mom driving eradic(sp?). The officer did what was necessary and arrested the mom for being stupid.

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Posts: 418 | From: DFW, Texas | Registered: Feb 2000  |  IP: Logged
SStylez
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I realize what they ruled, the problem I have is them even agreeing with the arrest, it was b.s. Saying that the woman can't sue is b.s. too, that leaves the door wide open for abuse by cops who already abuse their power enough, espcially in smaller towns. I'm definitely looking in what the CA law is & if it leaves the door open I'm definitely writing to all my congressman to change CA law to not allow these a$$es the chance to misuse their power. I realize we have to have cops but as a 21 year old & running into them I'm not a fan at all.
Posts: 143 | From: Bay Area, CA | Registered: Dec 2000  |  IP: Logged
agmSS
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I read that article last night and was surprised at the ruling. While I understand and support that police officers should have the leeway to exercise their discretion in whether or not to arrest someone, Justice Souter's ruling appears to be inconsistent with the findings in the case. The ruling was that the arrest did not violate the victim's 4th ammendment rights against unreasonable siezures but Justice Souter's own comments were that the officer had used extremely poor judgemnent and gratuitously imposed humiliation upon the person arrested. I don't get it. If the officer's judgement was extremely poor and he gratuitously imposed humiliation, then doesn't it follow that the arrest was then unreasonable, as its purpose was, ostensibly, to impose humiliation? Since when are cops allowed to do that? The opponents of this ruling have a valid concern that this opens the door to abuses by the "few" bad apples who don't belong in a uniform. I can only hope that the community's police chief has the integrity to discipline this officer. Justice Souter's comments were pretty strong. The message between the lines is that yeah, the arrest was found to be legally valid, but considering the circumstances, it was Bull%$%$, and that's not what the police ought to be doing.

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Posts: 214 | From: Pepperell MA USA | Registered: Jan 2001  |  IP: Logged
John -- '02 HAWK
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hahaha police in Texas are here to protect and serve all the citzens that includes children. The officer did what was necessary to get the woman to keep her kids safe and in the car.

I have no problem with the arrest if it might save somebody from death or injury. This rulling doesn't change anything that hasn't been going on in Texas for years.

I also don't feel sorry for the woman, especially when she wasn't detained for more than 4 hrs.

[ 25 April 2001: Message edited by: John -- '01 HAWK ]

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Posts: 418 | From: DFW, Texas | Registered: Feb 2000  |  IP: Logged
XTrooper
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I don't want to burst any of your "ignorance is bliss" bubbles, but poSSum is absolutely correct. There's NOTHING new here. You could ALWAYS be arrested for a traffic violation, the US Supreme Court, with this ruling, just confirmed the way things have ALWAYS been.
A traffic summons is technically a "summons in lieu of arrest."
So, sleep well tonight. The big bad wolf won't be coming to get you.

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Posts: 517 | From: Hazle Township, PA | Registered: May 2000  |  IP: Logged
SStylez
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Just because it's always been that way doesn't make it right or ok. No cop should be able to arrest anyone other than a major crime. Speeding, not wearing your seat belt, & small things like that are going too far. The law should be changed. Too much power is a bad thing, but I know you wouldn't agree XTrooper because you used to be one.

BTW I don't appreciate your condescending tone. Unless I was a cop how would I know all the details of what is legal & what is not? No one teaches us this & I'm willing to bet most people don't read every single law on the books even though it does apply to us. Now that this has been brought in the open I think it should be changed. There are a lot of things you have no clue about but that doesn't mean I would be condescending to you. You were a cop so you know, that doesn't make you better. So the, "sorry to burst your bubble of ignornace" comment was a STUPID thing to say.

[ 25 April 2001: Message edited by: SStylez ]


Posts: 143 | From: Bay Area, CA | Registered: Dec 2000  |  IP: Logged
XTrooper
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First off, I don't care whether you liked my "tone" or not. Secondly, if anything was "stupid" it was your conclusion that this was something new. You didn't have to have been a police officer, you didn't have to "know all the details of what is legal & what is not," no one had to teach you this, and you certainly didn't have to "read every single law on the books" to know that nothing changed with this decision. All you had to do was read the article you yourself referenced. In the second paragraph of the article it clearly states, "Police generally can arrest anyone they see breaking the law." Now, either you didn't bother to actually read the article before you typed your "sky is falling" post or you need some help with your reading comprehension.

Steve


Posts: 517 | From: Hazle Township, PA | Registered: May 2000  |  IP: Logged
SStylez
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My reading comprehension is just fine, what I am trying to say is simple, but you can't seem to understand. I am saying it may have always been this way etc etc etc, but I still don't agree with it. I think power should be taken away from cops, I've heard & seen too many b.s. things cops have done. I would have liked the court to not support the law and/or arrest, simple as that. There are good cops, but there are those power trippin' ones that need to be restrained.
Posts: 143 | From: Bay Area, CA | Registered: Dec 2000  |  IP: Logged
XTrooper
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Well, I think they should give retired troopers free donuts for life and a new Camaro SS every year, but I don't think it's going to happen!

Steve

P.S.- Abuses undoubtedly occur in police work as they do in every field, but making it more difficult for the people that allow you to sleep safely in your home to do their jobs isn't a wise solution. That's like taking away all high performance cars because some fools operate them recklessly.

P.P.S.- While we're on this topic, let me explain why it's vitally important that police have this ability to arrest for even the most minor of offenses and why the US Supreme Court made the RIGHT and not the wrong decision.
I'll give you a scenario: Did any of you see the Nicholas Cage film, "8mm?" It's a very disturbing film about a group of sexual predators that would get young girls, then sexual abuse, torture, and "snuff" them while filming their atrocities. They'd then sell these films to their sick, wealthy clients. Ok, so you as a law enforcement officer/agency become aware of similar activities, but you don't have enough evidence to get a search or arrest warrant to stop these fiends. In the meantime, their list of victims continues to grow. What do you do? You observe their habits, see where they go and when. Maybe you get a tip about when they transport the tapes. Maybe not. In any case what you then do is lay for them, stop them for ANY motor vehicle violation (you can almost always find one if you follow someone long enough), then arrest for any kind of BS violation like not wearing their seat belt. Once the arrest is made, then you have legal access to their car, you search it and find evidence of their more serious crimes (the tortures, murders, etc) and you break up the ring.
Did this Texas officer abuse this right? I think, unquestionably, he did. I also think this was a very isolated incident and that it rarely occurs. How many of us, after all, have been handcuffed and arrest after being stopped for a traffic violation remembering that the police officer COULD HAVE done so? Probably none of us. So, yes, the Texas officer was wrong, but because of this to then take this right, this tool, from all of law enforcement would have been a wrong and dangerous thing to do and the US Supreme Court was wise enough to see that.

[ 26 April 2001: Message edited by: XTrooper ]


Posts: 517 | From: Hazle Township, PA | Registered: May 2000  |  IP: Logged
Mark F98-0050
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quote:
Originally posted by XTrooper:
That's like taking away all high performance cars because some fools operate them recklessly.

WOW!!! Does that ever hit the nail on the head! Well said X! In today's environment it could happen in a nation near you!

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Posts: 143 | From: Port Arthur, Texas, USA | Registered: Feb 2000  |  IP: Logged
Happy_Dan
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I hate to say this, it is so difficult for me, but I totally agree with Xtrooper. I never have any problem with the law. They are doing a tough job and I very much appreciate what they do. This ruling does not change anything at all. It keeps things the way they are. Maybe I have bee lucky but I never have had any conforntation with an officer. When I get caught speeding, or whatever, I was worng and I pay the price. I even thank the officer for doing his job.

Having said all that, I don't think Steve's message was condenscending either. Ignorance is not a comment about someone's intellectual ability. It merely means you don't have knowledge about something. If you call someone who is a genuis but know nothing about cars, ignorant to car stuff, does that make him stupid?? Of course not, Steve was just pointing out that we don't know the law.

Please don't say things that make me have to agree with Steve, it is too hard on me!



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Posts: 5946 | From: Litchfield, NH, USA | Registered: Feb 2000  |  IP: Logged
agmSS
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Let me clarify my earlier post a little bit. If the issue before the court was whether or not the police should have the arrest powers that they do, then I agree with Steve. If the issue however was whether or not the arrest was reasonable and therefore a matter of a 4th ammendment violation, then I think the case was not ruled properly. The officer, as Justice Souter himself noted, acted with poor judgement and gratuitously imposed humiliation on this lady. I doubt that a "reasonable and prudent" person would agree that this arrest was reasonable under the circumstances. There is something fundamentally wrong with arresting a person just because you can. Steve, I agree that you guys need to have the powers that you do and I appreciate your honesty in acknowledging that this particular officer was wrong. But let's face it, this is the kind of abuse that probably made your job alot tougher than it had to be. When it happens, people view it as untolerable, and unfair as it is to label the group because of a few bad examples, that's the way people respond. They know that most officers are decent and dedicated professionals, but it's the bad ones they want to be protected from. I know you're retired, but try to think about it from a non-law enforcement experienced civilian's perspective, not as a retired trooper.

It's bad enough to be victimized by the robbers, rapists, and other assorted bad guys out there. At least you can act in self defense to protect yourself and your loved ones. It's another matter entirely to be treated this way by people who supposed to be there to protect you from this stuff. When it's an officer out of line, you're up against someone with powers and authority and a legal system that can turn your whole life updside down on that officer's whim. What's to stop that officer from lying in court to cover his butt? I readily concede that these are isolated incidents, but people will not tolerate it any more than you would have tolerated having your lawful orders casually disregarded when you were on the force.

Don't misunderstand me. I'm in no way trying to light a fire here. I'm simply offering a different perspective. As a trooper, you had a tough job and you and your fellow officers had to watch out for one another. I have absolutely no problem with that at all. But it seems to me that there should be some mechanism to give a bad cop a kick in the butt when they step out of line. This was a court victory on the issue of police authority and it should have been. The police need to have the discretion to decide whether or not to arrest. However, if I was Chief of Police in that town, that officer would have a few things to answer for. Peace.

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Posts: 214 | From: Pepperell MA USA | Registered: Jan 2001  |  IP: Logged
XTrooper
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agmSS,

I appreciate your intelligent and well written post. Further, I agree wholeheartedly with it in its entirety. I would point out that in a good organization there is a mechanism for dealing with the bad apples that unfortunately at times infiltrate the ranks. Even before that, there is, or should be, a vigorous and thorough enlistment process so that the majority of the unfit are weeded out before they ever wear the uniform. After that, there is a set of rules and regulations which must be abided by along with strict penalties for failing to do so. The organization in which I spent my career, the NJSP, conducted courts martial every week for violations of our "Rules and Regulations" and the punishments meted out were more often than not severe. I, and most of my fellow troopers, always accepted this situation as part of the price of being a member of a quasi-military organization where so much responsibility was entrusted in us. Most of us fulfilled that trust and responsibility as embodied in our motto, "Honor, Duty, Fidelity."

Steve

[ 26 April 2001: Message edited by: XTrooper ]


Posts: 517 | From: Hazle Township, PA | Registered: May 2000  |  IP: Logged
XTrooper
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quote:
Originally posted by DanA_F99_1977:

Please don't say things that make me have to agree with Steve, it is too hard on me!


Life can be sooooooooo cruel at times.


Posts: 517 | From: Hazle Township, PA | Registered: May 2000  |  IP: Logged
PoppyZ28
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A lot of you are missing an important point. In 99.9% of the cases if you don't break the law you have nothing to worry about. If you break the law then you put yourself in a position to be held accountable for breaking that law. I have to laugh at those who insist on speeding and then when they get caught scream about this right or that right. Duh! You broke the law. Don't want to be arrested for speeding then don't speed. Don't want to be arrested for driving erradically? Then don't drive erradically. Don't want to get a ticket for having an expired tag or emissions sticker? Then obey the law and get them renewed when you're supposed to. Geez! The problem isn't the police who have to enforce the laws (and I of course agree that there are some bad apples out there). It's with the people who knowingly break the law and then cry when they are caught. The issue is more on people obeying the laws of the land than it is with the police whose job it is to enforce them.
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agmSS
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Steve,

Thanks for your comments. I agree completely. The front-end screening process is the place to catch 'em if they're not a fit for the role. The standards have to be high and the folks have to be up to it. You're right...it is part of the price to be paid for the responsibility you have and the ones that don't hold to your standards raise the price higher...

PoppyZ28,

I don't think that people are missing the point so much as we have been discussing a punishment that should fit the crime. I agree with you that if you break the law and get caught, you should be a grown-up and pay the consequences. Some crimes are obviously more severe than others, and where arrest is required as a matter of public safety and restoring order, some "infractions" are minor enough that they truly don't merit the harshness of being arrested.

Andy

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Posts: 214 | From: Pepperell MA USA | Registered: Jan 2001  |  IP: Logged
   

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