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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsThis SCOTUS decision is really, REALLY bad news! Read this from Sotomayer::
Sotomayer::
"""
Do not be soothed by the opinions technical language: This case allows the police to stop you on the street, demand your identification, and check it for outstanding traffic warrantseven if you are doing nothing wrong,
By legitimizing the conduct that produces this double consciousness, this case tells everyone, white and black, guilty and innocent, that an officer can verify your legal status at any time. It 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 but the subject of a carceral state, just waiting to be cataloged.
We must not pretend that the countless people who are routinely targeted by police are isolated. They are the canaries in the coal mine whose deaths, civil and literal, warn us that no one can breathe in this atmosphere. They are the ones who recognize that unlawful police stops corrode all our civil liberties and threaten all our lives. Until their voices matter too, our justice system will continue to be anything but. """"""
- - - This is very sad..
EDIT::: Including link::: http://www.huffingtonpost.com/entry/sonia-sotomayor-police_us_57680301e4b0fbbc8beaf4ae?section=
no_hypocrisy
(46,020 posts)solicitors for future inmates on behalf of corporations.
When law enforcement becomes a profit center.. we're all fucked.
Prisons already are.
This is not the America I was promised.
midnight
(26,624 posts)TexasMommaWithAHat
(3,212 posts)of the justice system.
guillaumeb
(42,641 posts)msongs
(67,361 posts)vkkv
(3,384 posts)mountain grammy
(26,598 posts)the women got it right..
http://reason.com/blog/2016/06/20/sonia-sotomayor-blasts-scotus-for-excusi
Eleanors38
(18,318 posts)mrr303am
(159 posts)We the people have lost a lot of our Constitutional rights for frivolous reasons and agendas, while the only right conservatives will fight for, with their dying breathes, is the right to own guns, all other rights have been suppressed (or taken away) to one degree or another.
Phlem
(6,323 posts)History shows the ruling class, the rich and powerful, trouncing on the those less than them. Why would it be any different now? Because we're in 2016 this doesn't happen anymore?
The media directs and controls the national dialogue, a private entity made up by guess who?
Trust me, your opinion matters a great deal and a lot of time and money has been invested into that machine.
Your opinion, right down to who you should vote for.
Tell me I'm wrong.
P.S. I agree with you, all I'm saying is follow the money.
mrr303am
(159 posts)but I was just answering the question based on my feelings/beliefs, though in our political system my description of the type of VP would just be considered something that would only happen in a dream world far, far away in another galaxy.
bjobotts
(9,141 posts)This senate ignores their constitutional duty to allow hearing for SC nominee put forward by the president. There are no reasons to avoid doing their job. They've done enough damage. We need to get the vote out and get them out of government.
Ikonoklast
(23,973 posts)Lists that once you are put on one of theose secret terrorist watch list, have close to zero recourse getting your named removed, and even then, the FBI says they will still keep your name on that list anyway.
If you think Sen. Joe Manchin saying "due process is killing us" is OK just because he's a Democrat, or Sen. Diane Feinstein saying that "Americans must prove their innocence" is OK, you are just as wrong as any Republican.
Eleanors38
(18,318 posts)Not that it matters to them. It's the feeling one gets from occasional moral condemnation of an unacceptable group, even if that group is tens millions of other citizens. License is license, and that is hard to give up.
63splitwindow
(2,657 posts)Hopefully this case will be rejected as soon as possible by a wiser SC. Clarence Thomas needs to take his healthy retirement and enjoy same as soon as possible.
vkkv
(3,384 posts)Lyrics, read and weep:
Southern trees bear a strange fruit,
Blood on the leaves and blood at the root,
Black bodies swinging in the southern breeze,
Strange fruit hanging from the poplar trees.
Pastoral scene of the gallant south,
The bulging eyes and the twisted mouth,
Scent of magnolias, sweet and fresh,
Then the sudden smell of burning flesh.
Here is fruit for the crows to pluck,
For the rain to gather, for the wind to suck,
For the sun to rot, for the trees to drop,
Here is a strange and bitter crop.
Lurker Deluxe
(1,036 posts)So the police had a drug distribution point under surveillance and a man walks in, stays for a couple of minutes, and walks out and they stop and check him. He has a warrant, he gets arrested, and in that process he gets busted for meth.
OK, bad ... because?
What if the police were watching a point of distribution for illegal weapons, you know the weapons we don't want people who should not have them to ever get their hands on. What if that guy had just bought an illegal weapon, should the police be able to stop him then? Or is this a bad case because it was "just drugs"?
Really not sure I get the problem, how is this arrest any different than any other sting operation?
vkkv
(3,384 posts)and searched for no reason at all other than driving while human. Anything a cop finds on you is now a legitimate case against you.
That is the end result of this ruling... As if cops don't have enough power.. Now all of the scumbags in our towns will wanna be cops even more.
He was not driving, if he was there would be no issue at all as police are allowed to ask for your drivers license, insurance, and any other document they may need. Certainly if a warrant was discovered in this way there would be no case at all.
https://en.wikipedia.org/wiki/Utah_v._Strieff
Unless this is completely fabricated it states the police were watching a suspected drug house and he entered and left while spending a few minutes there. He was stopped because of that on the street. Pretty much any sting operation works this way.
uponit7771
(90,301 posts)... place? there was people being loud there so you can be stopped.
Corner... there was someone who was shot there last week... so you can be stopped
Day care? loud kids or some shit...
Another conscious crime ruling with little constraints on the cop...
Where the person was at is now a reason to stop anyone...
Oh the guy ran, well they sell drugs here all the time... so its ok to stop them...
No restraints on the cops
Lurker Deluxe
(1,036 posts)If someone in my neighborhood starts selling drugs what is my recourse?
I call the police, but they can not stop anyone who comes out of the drug house because that is illegal, so there is no way they could ever raid the house because they would never be able to get any reason to. So the drug house remains ... forever?
What is the solution? This was not a new ruling it upheld an older ruling. I am certainly no legal scholar but how would the police ever be able to stop these types of problems without being able to run stings?
Never bust any prostitution rings, or human trafficking, illegal gun sales, or any number of other crimes because that is pretty much how it gets done.
So, what is your solution? Just let the whore houses do their thing, let the illegal gun trade continue, but hey ... drugs, we can't stop that because ya know, all police are bad.
http://www.supremecourt.gov/opinions/15pdf/14-1373_83i7.pdf
uponit7771
(90,301 posts)... the po po deem untoward.
This ruling leaves it up to the cops and that could mean any place...
or
... they get a warrant or provision or some kind of designation and the place isn't left up to the cops.
would that do?
tia
Lurker Deluxe
(1,036 posts)You would have no evidence to do so?
That is pretty much how it works, you bust the guy with the meth and he tells you were he got it for consideration and then you go bust the dealer.
Right?
How can you ever bust the guy with the meth?
Change it up, again, someone is walking towards the school house with an AK strapped on him and he looks to be a foul mood. Can you stop him? If you do and he is intoxicated do you charge him with felony weapons possession and prosecute. I damn sure hope so. But in truth you stopped him for no legal reason, and present that, no charge can come from it. That is, if this ruling had been upheld.
Truth is, sounds like this guy had a pretty good legal team to get a possession bust to the USSC, could it be Afluenza not working? Police surely abuse their powers, this just does not read like one of those times to me.
uponit7771
(90,301 posts)... coming from.
Get a warrant for those places that cops will use to jusitfy stopping people like the cops did in this case instead of making them conscious laws subject to what the cops think.
For the AK carrier he could be questioned without a warrant or probable cause just for carrying the weapon... he doesn't have to stop though.
He responds with any since of mischeif then that's it
Lurker Deluxe
(1,036 posts)They got a tip that it could be a drug house, you certainly can not get a warrant for a home on a anonymous tip you have to investigate.
This guy did not have to stop any more than the guy with the AK does, he could have kept walking and he did not have to show ID.
He stopped, and gave up his DL. You do not have to identify your self no more than that man who looks to have intent has to stop heading for that school. Cops use these tactics every single day and while there are certainly plenty of cases of abuse, they do stop alot of crime this way. I want that cop stopping people that he has reasonable suspicion of criminal activity, again ... sounds like this guy had pretty good legal representation. If there is a guy in a ski mask hiding in the alley next to the all night coffee house I want the police to go ask him what the hell he is doing, and if he has a warrant drag him in, and during that process if he has an illegal weapon on him charge him. Might have just stopped a rape.
If they investigated and found there was no tip ... let him go as there was no reason to watch the house. If he had hassled other people about this same place and come up empty ... let him go. But seems to me he was doing his job, and if it was anything other than drugs most would agree.
uponit7771
(90,301 posts)... mentality where I have lived because I was one of few blacks in those areas.
Well, shit... nevah mind... lol... I was still stopped for some bullshit... one cop even said I've not seen you around here even though I had just bought the estate a month before.
Yeah, I can see cops need the ability to see what's up... I just don't want them to use that to harrase folk
Curtis
(348 posts)The first is just a stop and talk. When I used to do this, I would ask the person during the conversation for some ID. Then I'd say something like, "you know, just for safety reasons, I gotta ask. You got any weapons on ya? Mind if I do a quick check for just weapons so I can be comfortable?" So many people say, "sure." Do a quick frisk and note things. Hard things ask what they are. Ask to pull them out and check. Again most people say "okay." Soft things that could be baggies, just brush over them and remember. Don't ask because you're searching for weapons. Then talk. Yeah, I just wanted to ask you about the people in that house....Who are they....Names....Pets....Children....How well you know them....What we're you doing there...? Things like that. Eventually, you can get around to the baggie in their pocket, the pills, etc. It really does work. If not, there's always someone else.
The guy in the ski mask hiding in the alley? Depending on the weather, I'd say reasonable suspicion is easily met and I'd stop and take a much more authoritative approach.
If I were still working, this ruling would have changed the way I did my job.
Silver_Witch
(1,820 posts)Police have always been allowed to stop someone leaving a known drug house or illegal gambling business. Always!
This law is not that. This one says you Joe Normal are walking down the street just walking, nothing else, and you can legally be stopped and "checked".
Your premises is bogus!
Lurker Deluxe
(1,036 posts)Suspected drug house was the statement. And that is not in dispute.
From Sotomeyer's dissent, end of the third paragraph. From the actual ruling, not cherry picked.
"Strieff just happened to be the first person to leave a house that the officer thought might contain drug activity.
http://www.supremecourt.gov/opinions/15pdf/14-1373_83i7.pdf
Silver_Witch
(1,820 posts)The fact is that one can be stopped when leaving a known drug house without this silly ruling by the Court. You are trying to defend this action based on some horrible fear that you will have a person leaving a drug house without the ability to stop him and investigate. That is not the law.
63splitwindow
(2,657 posts)is later discovered. The original stop, according to this decision, can be for any illegal reason whatsoever.
OnlinePoker
(5,717 posts)The vast majority are for people too poor to afford a lawyer to have them cleared in a court. Many people aren't even aware they exist until they get picked up.
dixiegrrrrl
(60,010 posts)Cops have to have a legal reason for stopping you.
They have up till now used some bullshit excuse like broken tail light, 2 miles over the speed limit, etc.
Once they pull you over, then they find another reason to search the car, and quite often the driver is surprised to find the cops "found" some drugs.
Under the old law, the cops grabbed the guy for no cause, but then found an outstanding warrant.
Under the new law, cops can stop you for no cause, and search for warrant and other reasons to haul you in.
And, they now can empty your debit card and credit card of cash, by accusing you of being involved in drugs, and even if they never press legal charges, or they drop charges, you don't get the money back.
Lurker Deluxe
(1,036 posts)First, again, he was not driving.
How can any sting operation ever work again if this was upheld?
The guy had just walked out of a drug house that was being watched, that is how stings work. If the police are watching a drug house and you go in it, you are going to get hassled.
I do not know who this person is, but I doubt he was some poor smuck that just happened to get his drug possession charge turned into a 4th amendment case brought before the supreme court.
uponit7771
(90,301 posts)... was near or at as a reason to stop folk.
malthaussen
(17,175 posts)If you disagree with Justice Sotomayer, then presumably your opinion will not be changed by lay opinion.
-- Mal
malthaussen
(17,175 posts)The woman is just a tad perturbed, methinks. And I agree with all four parts of her dissent, unlike her honorable colleagues Kaplan and Ginsberg.
-- Mal
SCantiGOP
(13,865 posts)If the we and our Party don't screw it up, Trump and demographics could easily give us another 8-12 years of Democratic-appointed SC justices. Get rid of Thomas and Alito and you won't see these kind of decisions.
Hortensis
(58,785 posts)A conservative majority will fix it in law for decades.
Btw, why aren't people demanding to know WHO Scalia was meeting at that secret desert meeting and WHY not a subject? It's not like it's the first time, or the fifth. Presumably absolutely none of the nearly 40 others meeting there have been identified by investigative journalists.
It is extremely likely that Scalia was colluding with others, like the giant Koch alliance, who want to use SCOTUS to move our national structure radically and semi-permanently right by reinterpreting the Constitution.
davidn3600
(6,342 posts)Snowden and other NSA whistleblowers has said neither party has the moral high ground on this. They are both bad when it comes to the police/surveillance state issues.
Silver_Witch
(1,820 posts)SCantiGOP
(13,865 posts)The Supreme Court is a check on the Congress, and therefore a check on the parties.
This is clearly a violation of the 4th Amendment, and the current Supreme Court, by a 5-3 vote, is probably the only one in history that would have ruled this way. A decent court would reverse this unreasonable search and seizure issue, so the inclination of the parties would not be a factor.
Silver_Witch
(1,820 posts)Did I say something that lead you to believe I felt otherwise?
SCantiGOP
(13,865 posts)Saying that neither party has the "moral high ground" misses the point that their main involvement in this process is the appointment of Supreme Court judges, who rule on the laws they pass.
loyalsister
(13,390 posts)Sotomayor is a bad ass! Her full dissent is worth reading...
http://www.slate.com/blogs/the_slatest/2016/06/20/sonia_sotomayor_dissent_in_utah_v_strieff_takes_on_police_misconduct.html
marybourg
(12,586 posts)and the home of the brave only so long as we were protected from attack by two huge oceans. Once those oceans no longer protected us, well, "these colors" do run, don't they?
n2doc
(47,953 posts)You half nothing to fear, Citizen!
cureautismnow
(1,676 posts)It makes no sense, until I read this:
"Justice Breyer is by many measures more conservative than the courts three other liberals. He was more likely to vote with Chief Justice Roberts, Justice Kennedy, Justice Thomas or Justice Alito than any of the other liberals. But there was one stark and telling exception: Justice Breyer was less likely than any of the other liberals to vote with Justice Scalia. Those two justices often tangle at oral arguments and often have differing views of privacy rights, with Justice Scalia joining the courts liberals in Fourth Amendment cases and Justice Breyer voting the other way."
http://www.nytimes.com/interactive/2014/06/24/upshot/24up-scotus-agreement-rates.html
davidthegnome
(2,983 posts)I can't imagine even most conservatives approving of this particular ruling - particularly libertarians who claim to be big on personal and individual freedom. There will be those who say "well, if you're not doing anything wrong, you don't have to worry about this..." it is yet another line of thought in that slippery slope that has enabled wiretapping programs of really questionable legality, drone strikes of the same, NSA surveillance programs, the "Patriot Act" and so on and so forth.
I've got nothing on my record I need or want to hide - but that should not entitle law enforcement officials to randomly stop me without cause, demand my ID and look into my personal details and history. Really, this ruling is an assault on privacy for all Americans - but I suspect that those who will suffer the most for it will be African American, Muslims, poor people and young people.
As for not being a citizen of a democracy... the Citizens United ruling, years ago, was a very strong indicator that that was already the case. People mocked Bernie for talking about "oligarchy", or the 1%, or the top 10% of the 1%... but, the fact of the matter is, he was spot on with everything he said. If your skin is white enough and you have enough money... chances are you'll be left alone. If your skin is white enough and you have enough money, chances are... you can get away with almost anything even if you do it on public television.
Silver_Witch
(1,820 posts)Ford_Prefect
(7,870 posts)I guess we'd better not provoke any police with comments about their past behavior.
There goes the last 66 years of public political expression.
L. Coyote
(51,129 posts)June 20, 2016 on All Things Considered
Nina Totenberg
The Supreme Court ruled Monday that an otherwise illegal search of a pedestrian by a police officer in Utah was permissible under the Constitution because the pedestrian had an outstanding warrant out for his arrest. Justice Sonia Sotomayor wrote a blistering dissent focused on the implications of the decision. .....
The truth about "isolated" incidents.
Charles P. Pierce Jun 20, 2016
WASHINGTONMadame Justice Sonia Sotomayor seems to have felt her last nerve jumped upon. Earlier today, the Supreme Court issued its opinion in Utah v. Streiff. The case involved a man named Edward Streiff, who was stopped without cause by a police officer in Salt Lake City. The officer discovered that Streiff had an outstanding warrant and, upon searching Streiff, discovered methamphetamine. The Utah Supreme Courtthat would be the supreme court that works in Utah!reversed Streiff's conviction because the original police stop had been illegal. By a 5-3 margin, the Supreme Court of the United States reversed the decision of the Utah Supreme Court, the majority arguing that the discovery of the meth made the original stop less illegal. Justice Clarence Thomas opined in a majority opinion that the "deterrent value" of the arrest mitigated the illegality of the stop. (If this sounds like ends justifying means, that's only because it is.)
Madame Justice Sotomayor, writing in dissent, cranked up the Enola Gay.
She summoned up the "suspicionless stops" which were characteristic of Jim Crow law-enforcement. After she paid decent fealty to the universality of Fourth Amendment protections, she made it quite clear that a lot of this is About Race, even though nothing ever is About Race. She even talked about how, sometimes, when people of color are stopped without cause, those people end up being dead.
......
In 1 Quote, Sonia Sotomayor Sums Up What's Wrong With Unreasonable Search and Seizure
https://mic.com/articles/146645/in-one-quote-sonia-sotomayor-sume-up-what-s-wrong-with-unreasonable-search-and-seizure - @mic
The Supreme Court Just Ruled In Favor Of The Police State, And Sonia Sotomayor Is Not Having It
http://www.huffingtonpost.com/entry/sonia-sotomayor-police_us_57680301e4b0fbbc8beaf4ae
Powerful, but tragic in its necessity. Justice Sotomayors dissent against racial profiling...
http://www.slate.com/blogs/the_slatest/2016/06/20/sonia_sotomayor_dissent_in_utah_v_strieff_takes_on_police_misconduct.html
Sotomayor's Blistering Dissent Against 'Frisk While Brown'
http://worldknewz.com/index.php?menu=trends&id=1466478002&l=en&key0=8
In Scathing Dissent Justice Sotomayor Says Supreme Court Just Gave The Green Light To Racist Cops
http://thkpr.gs/3790300 via @thinkprogress
lovemydog
(11,833 posts)and also 'I can't breathe.'
Bless Justice Sotomayor.
Let's elect democrats and get more people like her on the Supreme and federal courts!
Silver_Witch
(1,820 posts)I am sad!
geardaddy
(24,926 posts)Javaman
(62,500 posts)I think that's the long game.
still_one
(92,061 posts)lark
(23,061 posts)When I first saw these headlines, I had a chill race down my back. This is scary stuff and just shows how little we matter to the justice system. To them we are all criminals just waiting to be caught and put in jail and made to pay outrageous fines, fees and $$ for everything except air. Jails are nothing but profit centers and they take the most from people that can afford it the least. Then they put them back in jail when they can't keep up with the states' bloodsucking. Sickening!
ffr
(22,665 posts)One huge reason to get people off their sofas and vote.
http://www.democraticunderground.com/10027932056