Delaware v. Prouse 1979 This is the case that pulls together the two themes that have merged in the dispute over when it is permissible to stop motorists without probable cause or reasonable suspicion.
The court re-affirmed that individual officers cannot randomly stop motorists, just because they don't have anything better to do with their time. They must have at least reasonable suspicion to stop a vehicle and question the driver.
However, the court volunteered that all the issues that made such random stops "unreasonable" under the Fourth Amendment could be remedied by setting up formal roadblocks. This was a loud and clear signal from the court that roadblocks were OK as long as they were organized and systematic in their administration and implementation.
Unconventional - yes. Pain in the ass - yes. Desperate measures taken to solve the murder of a young girl, and I support their actions. So you were a little late getting home. What if that was your daughter or granddaughter? You'd want them to do everything humanly possible to catch the scum that killed her.
9:48.....YOU are one of the problems. We have LAWS that define what the police can and cannot do (whether they pay attention to them is another issue). What is the line you propose for allowing an entire group of INNOCENT (hundreds, perhaps thousands or more of them) citizens to be stopped and questioned, searched and/or be detained by ARMED -- and ready to kill -- agents of the government. The "desperate measures" you use to justify these actions sound eerily similar to what tyrants and dictators use to do the same stuff. Yes, some crimes are terrible. Some are even horrendously grisly. But, if you wish to give up YOUR freedom for "safety", move to China. Just leave MY freedoms and rights out of your equation for security and the powers of the state. Please. Please mention the word "Constitution" in your answer. You can also use "Nazi" and "slippery slope" if you can find a place for them.
Delaware v. Prouse 1979
ReplyDeleteThis is the case that pulls together the two themes that have merged in the dispute over when it is permissible to stop motorists without probable cause or reasonable suspicion.
The court re-affirmed that individual officers cannot randomly stop motorists, just because they don't have anything better to do with their time. They must have at least reasonable suspicion to stop a vehicle and question the driver.
However, the court volunteered that all the issues that made such random stops "unreasonable" under the Fourth Amendment could be remedied by setting up formal roadblocks. This was a loud and clear signal from the court that roadblocks were OK as long as they were organized and systematic in their administration and implementation.
The Michigan State Police have the ugliest blue cars and the hideous red strobe bubble is a joke. I would be embarrassed to drive those things.
ReplyDeleteUnconventional - yes. Pain in the ass - yes. Desperate measures taken to solve the murder of a young girl, and I support their actions. So you were a little late getting home. What if that was your daughter or granddaughter? You'd want them to do everything humanly possible to catch the scum that killed her.
ReplyDelete9:48.....YOU are one of the problems. We have LAWS that define what the police can and cannot do (whether they pay attention to them is another issue).
ReplyDeleteWhat is the line you propose for allowing an entire group of INNOCENT (hundreds, perhaps thousands or more of them) citizens to be stopped and questioned, searched and/or be detained by ARMED -- and ready to kill -- agents of the government. The "desperate measures" you use to justify these actions sound eerily similar to what tyrants and dictators use to do the same stuff.
Yes, some crimes are terrible. Some are even horrendously grisly.
But, if you wish to give up YOUR freedom for "safety", move to China. Just leave MY freedoms and rights out of your equation for security and the powers of the state. Please.
Please mention the word "Constitution" in your answer. You can also use "Nazi" and "slippery slope" if you can find a place for them.