Two recent decisions by the U.S. Supreme Court and a federal court in Virginia continue the erosion of Fourth Amendment protections from unreasonable search and seizure.
Two controversial rulings from the U.S. Supreme Court and a federal judge in Virginia have civil liberties activists concerned about future abuse of power by law enforcement. On June 20, the Supreme Court ruled that evidence of a crime can be used against a defendant even if the evidence was gathered illegally. In a 5 to 3 decision, the court’s liberal judge warned that the ruling might encourage future rights violations.
The ruling comes in a case in which a police detective illegally stopped defendant Joseph Edward Strieff on the streets of South Salt Lake City, Utah. A name check revealed an outstanding warrant for him. Police Detective…
View original post 778 more words
Advertisements
Swell…
LikeLike
http://www.annavonreitz.com
Alaska Superior Court Judge Anna Von Reitz
LikeLike
Thanks for posting!
LikeLike
Always has been a Common Law Right of Inquiry, based upon, and carried, from Old English Common Laws. Expansion per latest Supreme Court decision, countermands what liberals have long been shouting, of the “Gestapo Stops/Searches”. The expansion appears based on Public Domain and/or, Plain View Doctrine. In some applications, for example the FBI hacking to obtain child porn information, computer use is declared as a public domain. If police, on the street, have a suspicion, they only need two things, Probable Cause, or Reasonable Cause to Believe, to stop a person. By asking, Common Right of Inquiry, gives that action, authorization. If police know, that a person has an outstanding warrant, there is an obligation, to effect an arrest of the subject. In fact, for argument sake, a driver runs a traffic light that is red, and police observe the person driving, but for some reason cannot pursue, such a traffic volume condition and concern of safety, a notation can be made by the officer in their activity log (memo book), citing plate number and description of the driver, plus there might be an actual known positive identification if the driver is known to police from previous contact, the police have one year to make a stop to issue the traffic citation for the violation. Once the subject is stopped, technically, they are in custody, and can be searched, as well as any vehicle, package, or accompanying passenger. It depends upon how the officer proceeds, whether in Good Faith, or malice.
https://socialistworker.org/2012/06/14/a-primer-on-stop-and-frisk
http://nassau18b.org/search_seizure/Debours%20Four%20Levels.pdf
LikeLike