Should the justice department sue over New York city stop and frisk?

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feralkid

Lifer
Jan 28, 2002
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http://articles.cnn.com/2010-11-20/...t-screening-procedures-travelers?_s=PM:TRAVEL

Maybe this doesn't count because he's just supporting the frisking of people without probable cause................. if they fly. Supports it across the country, supports it when they frisk a 3 year old and supports it when they feel up a 90 year old woman.

What a clown.


Completely unrelated.

chickendance.jpg
 

monovillage

Diamond Member
Jul 3, 2008
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So, if you search 99 out of 100 persons you see on the street as SOP, that's OK?

It's a damn sad thing, but a chunk of people in this country feel that it is perfectly acceptable if the government violates their and other peoples rights as long as it's for security. It comes from both the left and the right and to me it's a very scary thing.

The end does not justify the means. Our Government should be the one protecting it's citizens rights, not taking them away.

If I thought the Administrations lawsuit in Arizona wasn't a political threat and political payback i'd be supporting it.
 

Craig234

Lifer
May 1, 2006
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It seems to me that these 'stop and frisk' searches are blatantly unconstitutional.

The police appear to be - just as the US created a pretense for invading Iraq as a 'threat' to fit the UN charter - falsifying grounds to fit the constitutional guidelines.

As a New York Times editorial explained, the police are using vague, unverifiable reasons to call the searches justified and 'reasonable' to fit the constitution's rules.

They should be stopped, in name of liberty and following the constitution - even if they are helping lower crime, as desirable as that is; and it's not clear they are doing that.

Have you donated to the ACLU lately? I don't know that this is a case for the federal Justice Department, whose authority is about the violation of federal civil rights laws.

Of course the federal constitution is federal, but there are more local courts to go to before the federal Justice Department, and it appears it's in those courts.

It's unfortunate it's taking years for this to be addressed.

It's understandable to want a program like this - I see shady looking people on the street and like for them to be 'checked out' - if not for the issue of liberty.

Liberty has costs. We don't get to have the amount of security - on our streets or internationally - that we might like, to protect liberty and avoid intrusion and tyranny.

Since I mentioned the Iraq analogy, the question isn't whether Saddam was a tyrant and his people lacked liberty - rather, it's an issue that allowing the aggressive invasion of other countries without UN approval tends to lead to new tyranny by the powerful pursuing their own interests. It's good for it to be illegal. And there's a reason for protecting people's right to walk the streets and not be searched "unreasonably".

I'm all for other measures to help with the very real problem of crime - but within the rules protecting liberty.

Maybe it means searching for technological help - drug detectors that can be used short of a 'search', more video cameras collecting evidence related to crimes, who knows.

But spitting on the constitution by allowing phony justifications for searches is wrong.
 

schneiderguy

Lifer
Jun 26, 2006
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It seems to me that these 'stop and frisk' searches are blatantly unconstitutional.

The police appear to be - just as the US created a pretense for invading Iraq as a 'threat' to fit the UN charter - falsifying grounds to fit the constitutional guidelines.

As a New York Times editorial explained, the police are using vague, unverifiable reasons to call the searches justified and 'reasonable' to fit the constitution's rules.

They should be stopped, in name of liberty and following the constitution - even if they are helping lower crime, as desirable as that is; and it's not clear they are doing that.

Have you donated to the ACLU lately? I don't know that this is a case for the federal Justice Department, whose authority is about the violation of federal civil rights laws.

Of course the federal constitution is federal, but there are more local courts to go to before the federal Justice Department, and it appears it's in those courts.

It's unfortunate it's taking years for this to be addressed.

It's understandable to want a program like this - I see shady looking people on the street and like for them to be 'checked out' - if not for the issue of liberty.

Liberty has costs. We don't get to have the amount of security - on our streets or internationally - that we might like, to protect liberty and avoid intrusion and tyranny.

Since I mentioned the Iraq analogy, the question isn't whether Saddam was a tyrant and his people lacked liberty - rather, it's an issue that allowing the aggressive invasion of other countries without UN approval tends to lead to new tyranny by the powerful pursuing their own interests. It's good for it to be illegal. And there's a reason for protecting people's right to walk the streets and not be searched "unreasonably".

I'm all for other measures to help with the very real problem of crime - but within the rules protecting liberty.

Maybe it means searching for technological help - drug detectors that can be used short of a 'search', more video cameras collecting evidence related to crimes, who knows.

But spitting on the constitution by allowing phony justifications for searches is wrong.

Good post Craig :thumbsup:
 
Apr 27, 2012
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This case just shows the total hypocrisy of progressives, they have been leading the assault on the Constitution and disrespecting it yet now all of a sudden they care about it
 

monovillage

Diamond Member
Jul 3, 2008
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Yes. Provided all they do is check your breath and NOT rummage around inside your vehicle.
Driving is a privilege, not a right.

Being free from illegal searches is a right, not a privilege. It's just another case where they found justification to infringe on it's citizens rights.
As for the ACLU if it wasn't for their joke stance on the 2nd Amendment i'd be far more likely to support them.
 

feralkid

Lifer
Jan 28, 2002
16,469
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This case just shows the total hypocrisy of progressives, they have been leading the assault on the Constitution and disrespecting it yet now all of a sudden they care about it

Back to this again?

Please show your evidence.

"I think they do" doesn't count.
 

shortylickens

No Lifer
Jul 15, 2003
82,854
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Being free from illegal searches is a right, not a privilege. It's just another case where they found justification to infringe on it's citizens rights.
As for the ACLU if it wasn't for their joke stance on the 2nd Amendment i'd be far more likely to support them.

Again, driving is a privilege. When you drive drunk you are risking everyone's safety around you. You dont have the right to not be harassed when in a vehicle on a public road.
What I dont care for is them bullshitting a weak excuse for probable cause. Claiming they smelled booze on you when you havent had a drop and the stripping down your car is a serious violation of American rights. But abusive cops will always be around and there isnt any law you can make to protect people from that. Your only option is to sue the department afterwards.
 

monovillage

Diamond Member
Jul 3, 2008
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Again, driving is a privilege. When you drive drunk you are risking everyone's safety around you. You dont have the right to not be harassed when in a vehicle on a public road.
What I dont care for is them bullshitting a weak excuse for probable cause. Claiming they smelled booze on you when you havent had a drop and the stripping down your car is a serious violation of American rights. But abusive cops will always be around and there isnt any law you can make to protect people from that. Your only option is to sue the department afterwards.

I don't agree that since driving is something earned and not a right, that you give up your 4th Amendment rights when you drive. The authorities should have valid or probable cause to stop you when you're driving. In no way should there be road blocks set up in the hope that someone stopped by them might be, maybe , could be guilty of a crime.
 
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CallMeJoe

Diamond Member
Jul 30, 2004
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I don't agree that since driving is something earned and not a right, that you give up your 1st Amendment rights when you drive. The authorities should have valid or probable cause to stop you when you're driving. In no way should there be road blocks set up in the hope that someone stopped by them might be, maybe , could be guilty of a crime.
4th Amendment (unreasonable search) or 5th Amendment (self incrimination).

The DUI/license check stops are at least a grey area; Stop, Question and Frisk appears a more black & white infringement.
 
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monovillage

Diamond Member
Jul 3, 2008
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4th Amendment (unreasonable search) or 5th Amendment (self incrimination).

The DUI/license check stops are at least a grey area; Stop, ID and Frisk appears a more black & white infringement.

Thanks , I'll change it.

I'll stop yelling shit out the window when I drive also.
 

blackangst1

Lifer
Feb 23, 2005
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I haven't kept up with the Arizona law and lawsuit, but as far as New York and their "Stop and Frisk" law, most definitely. They deliberately target people of color because they know it's an easy arrest and it pushes up the arrest and conviction numbers; making the citizens believe they are tough on crime; as well as more money for the municipalities. Unfortunately, real crime still continues to be a problem.

NY's stop and frisk law is questionable for sure; however, Im not sure what it has to do with Arizona law. If youre talking about SB1070 that is at SCOTUS, they are not the same law. At all.
 

alzan

Diamond Member
May 21, 2003
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NY's stop and frisk law is questionable for sure; however, Im not sure what it has to do with Arizona law. If youre talking about SB1070 that is at SCOTUS, they are not the same law. At all.

Just commenting on the OP. I'm not sure if he was making a direct comparison or simply saying that if the DoJ was contemplating a lawsuit over Arizona's immigration law shouldn't they also be looking into a lawsuit over NYC's "Stop and Frisk" law. I believe it was the latter.

I'm well aware that they are not the same law; I'm just more familiar with "Stop and Frisk".
 

Sinsear

Diamond Member
Jan 13, 2007
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Every police officr in the country has the right to stop, question and frisk. The frisk is supposed to be for "officer safety" only and does not include turning out of pockets, etc. To get that the officer either needs permission, or to articulate "furtive movements" or a "suspicious object" during the frisk.

That being said, The NYPD has taken it to tge extreme as the hierarchy (bosses) of the nypd want numbers (tickets, arrests, contacts, etc.). Hence, their policy and suggested number of "stops". The nypd is a numbers driven job, as the brass believes numbers = good policing.


And the NYPD stop and frisk is a NYPD policy, not a law. The right of a police officer to stop, question, and frisk has been upheld by scotus in Terry v Ohio.
 
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blackangst1

Lifer
Feb 23, 2005
22,914
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Just commenting on the OP. I'm not sure if he was making a direct comparison or simply saying that if the DoJ was contemplating a lawsuit over Arizona's immigration law shouldn't they also be looking into a lawsuit over NYC's "Stop and Frisk" law. I believe it was the latter.

I'm well aware that they are not the same law; I'm just more familiar with "Stop and Frisk".

:thumbsup: