I don't get this aspect of RACIAL PROFILING...

[yellowperil]

spidey07: how do you define who 'looks' and 'walks' like a drug dealer? If your idea is an urban black (or Hispanic) man, that is racial profiling.

warcleric: Probable cause is before the fact. I believe you have a right against unreasonable search and seizure.

If he declined to the search, the cop would've taken that is a probable cause for search. A baffling Catch-22.

 

[Linflas]

<< Well he HAD drugs....that is probable cause enough for me.....let people sue that have been searched and nothing found....not the scum that get caught and are looking for an easy way out. >>



So you would do away with this?

Amendment IV (1791)
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

That is really what you are saying with your post. It is aggravating beyond belief to see someone get off on a technicality but these technicalities are what keep the 4th Amendment relevant. If police knew they could search anything anytime without the above and have it upheld because they found the illegal substance after all what would stop them from doing so?

 

[Dually]

No, we need more info. It could have been a legal search.

&quot;If he declined to the search, the cop would've taken that is a probable cause for search. A baffling Catch-22&quot;

Not true at all, some cops ask you first if they have probable cause anyway to be polite and aviod confrontation.

&quot;After two other troopers arrived as backup, Bethune asked Payton if he would sign a consent form to search the car. Payton agreed, and the officers found a package containing 188 grams of cocaine and a cloned cell phone. &quot;

Okay folks he agreed to be searched and the stuff was found, he was stoped legally, I fail to see the racial profiling here and ask that he be sentenced to 25 years without parole.

 

[murdock2525]

Quick input.
If you are asked &quot;May I search the vehicle&quot; and you say &quot;NO' Guess what you just gave them ? Probable cause !
I used to have really long hair in the seventies....We were &quot;profiled&quot; , searched given a general hard time... all the time.
I look back on it and laugh now because the odds are if you look like an idiot / you are an idiot. We were idiots.
Now it's stocking caps, bandannas, baggy pants, noserings, Rap , gold teeth, huge chains,lowriders and tatoos. Yep....Idiots
With us it was tie-dye, ponytails ,Black Sabbath, bell bottoms, leather jackets, piece signs, upside down flags and hippy vans. Yep....Idiots

The same rules still apply with the cops. Looks like an idiot ? / Is an idiot !
Leave the racial sh!t out of it.
At 10 pm a cop isn't going to hassle a 'Rican, Black, Chinese,Hindu or anyone else more than another race... as long as he looks like &quot;average Joe, or Chen or Jose or Anand...... It's in &quot;the look&quot;
It just happens that &quot;the look&quot; seems...seems...seems...to be more prominant these days among minority groups.
30 years ago there were very few minorities, other than blacks and hippies... Now there are many of every ethnic background,.
They have taken the hippies place as rebels of society..and in much greater numbers.
30 years from now they'll look back and laugh too while the next generations do &quot;God only knows&quot;...what ?
The difference is nowadays violence is involved in the lifestyle and many wont live to look back on it 30 years from now.
We just stayed fried on mellow drugs and said...It's cool man.
Now with crack, X, Meth. It's Fusk You KABOOM !
Not racial profiling...Simply, idiot profiling.

 

[Helpless]

Were the cops white?

 

[Doboji]

My suggestion:

Don't let the guy get off... he broke the law... and should pay the price... discussions over the harshness of the sentence are a totally seperate discussion.

However

Punish the police officer as well... he too broke the law... and this activity should not be condoned, and furthermore should be discouraged.

-Max

 

[warcleric]

How exactly was this an illegal search if he agreed to the search. Sounds pretty cut and dry to me.

 

[aimn]

This race crap gets so far out of hand, unbelievable. In my city the cops are getting a hard time because the majority of the people they pull over are black. Well, the majority of people in this city are black. Makes sense to me. The majority of the people that commit crimes in this city are black. It seems to me like the &quot;race card&quot; is being played, way, way, to often.

 

[astriy]

He was asked to be searched. There was no unreasonable search. Not only is the guy guilty as hell he's also stupid for speeding and giving the cop a reason to pull him over. I am white, and I have had my car searched before. I was going 10 miles over the speed limit of 55. The cop didn't give me a reason for the search. I gave him permission because I didn't have anything to hide. It took him 10 minutes and he let me go. I don't consider that unreasonable.

 

[Dually]

<< My suggestion:

Don't let the guy get off... he broke the law... and should pay the price... discussions over the harshness of the sentence are a totally seperate discussion.

However

Punish the police officer as well... he too broke the law... and this activity should not be condoned, and furthermore should be discouraged.

-Max >>



You have dificulty with how the law works?

 

[Dually]

<< He was asked to be searched. There was no unreasonable search. Not only is the guy guilty as hell he's also stupid for speeding and giving the cop a reason to pull him over. I am white, and I have had my car searched before. I was going 10 miles over the speed limit of 55. The cop didn't give me a reason for the search. I gave him permission because I didn't have anything to hide. It took him 10 minutes and he let me go. I don't consider that unreasonable. >>



Thats cause you gave him permision silly.

 

[Linflas]

<< How exactly was this an illegal search if he agreed to the search. Sounds pretty cut and dry to me. >>


Seems to me this will end up being the thing the case hinges on as well. Why give the consent when you know that you are carrying this stuff in the first place? The worst that could happen by saying no is they detain you while they see if they can convince a judge they have probable cause for a search warrant which is what I believe happens if you do not consent to the search. For what it is worth I do not think they can go before a judge and have your denial of consent considered as probable cause.

 

[vi edit]

murdock2525 summed it up beautifully.

The guy was speeding. The cops pulled him over. The cop noticed something funny, and found a fairly sizeable amount of cocaine on the guy.

I guess I fail to see the problem.

Oh I forgot. Since I'm white, and agree with the cops actions, I'm a racist. :disgust:.

<sarcasm>I can't wait until classy shows up</sarcasm>

 

[JnrX]

You guys may think that the race card has been played out, but the bottom line is, it is what prejudges most policemen when dealing with black ppl. While i'm not condoning any form of crime, my point is minorities get the worst end of the stick compared to caucasians that have done the same crime.

True or False?

 

[spidey07]

false.

I have been pulled over many times just because I looked or acted suspicious.

quit breaking the law.

 

[Dually]

<< You guys may think that the race card has been played out, but the bottom line is, it is what prejudges most policemen when dealing with black ppl. While i'm not condoning any form of crime, my point is minorities get the worst end of the stick compared to caucasians that have done the same crime.

True or False? >>



true except in this case.

 

[BoberFett]

<< <sarcasm>I can't wait until classy shows up</sarcasm> >>

Bwahahaha!

 

[StormRider]

However

Punish the police officer as well... he too broke the law... and this activity should not be condoned, and furthermore should be discouraged.


I'm confused. What law did the police officer break?

 

[brxndxn]

The guy should be thrown in a pack of wild boars. He was speeding (an offence that I think is normally ridiculous, but anyway) and he got stopped. He was asked if they could search his car - he said SURE!!!

I'm just wondering how they knew the cell phone was cloned...

 

[Amused]

Racial profiling or not, is anyone here a little worried that a cop can violate your Fourth Amendment rights simply because you're &quot;nervous?&quot;

In the ever more failing war on drugs, what constitutes &quot;reasonable cause&quot; has become nothing more than feelings, which WILL lead to discrimination because EVERYONE has prejudice. The problem here isn't racism or prejudice since we need a SYSTEM that nullifies that. The problem is the systematic abuse and loss of our Constitutional rights, which if restored and strongly guarded, will stop anything like this from happening.

Yes, he was speeding. However the act of speeding does not constitute probable cause to search either.

The problem here is that to drive, we've been forced to give up our right to privacy. The act of driving alone is now contractually considered giving permission to the authorities to search your car.

 

[frizzlefry]

Not sure if anyone posted this little tidbit of info. If you're pulled over and they ask to search your vehicle. If you say no, then they'll arrest you on the spot. If you say yes and they find something illegal, then you're screwed as well. Catch 22.

YOU HAVE NO REAL RIGHTS!!!! Took a criminal law class and pretty much from what I've learned this is the case. If you refuse anything when you're pulled over you'll be arrested. Plainly stated, the moment you are pulled over you are &quot;under arrest.&quot;

 

[gar598]

How about age profiling???????????? You know it goes on, the Police consider young people &quot;easy targets&quot;.

 

[Rogue]

frizzlefry,

That's the biggest load of BS I've heard in a while. Refusing a search is your right as an American citizen. If the police find probable cause to search your vehicle beyond the point of your refusing the search, then that's your own damn fault too! If the search they conduct is unwarranted and can be proven so in a court of law, then that's their ass.

 

[spidey07]

remember people that you can be arrested and detained without charges.

At this point you have no rights.

 

[tkdkid]

Let me be the first to say:
WAY TO GO COPS!

Hell yeah, awesome job! They are trained to notice suspicious behavior and that's exactly what they did. Found some drugged out freak carrying around cocaine and now he's going to jail for a long time. He's not going to be mugging people so he can get his next fix or driving around stoned out of his mind. Because of them, I don't have to worry about this guy.

We are safer now because the police guy had a hunch that turned out to be true. Sometimes they just do amazing work!