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Re: "Stop and Frisk" is unconstitutional [Re: Clem] #1858881
09/27/16 03:03 PM
09/27/16 03:03 PM
Joined: Sep 2016
Posts: 13
Alabama
E
EarlPickle Offline
spike
EarlPickle  Offline
spike
E
Joined: Sep 2016
Posts: 13
Alabama
Originally Posted By: Clem
So if you have done absolutely nothing wrong and are stopped randomly by a law enforcement officer for a pat-down and checking your ID, you would not care one iota and would not ask why or be mad about it?



How about sitting in a boat fishing ... or a shooting house or a tree stand hunting ... legally?

What's the standard there?

Re: "Stop and Frisk" is unconstitutional [Re: jbc] #1858924
09/27/16 03:33 PM
09/27/16 03:33 PM
Joined: Feb 2013
Posts: 8,396
A
Atoler Offline
14 point
Atoler  Offline
14 point
A
Joined: Feb 2013
Posts: 8,396
Originally Posted By: jbc
I understand the "give them an inch and they'll take a mile" worries,... but I can't start to understand why anyone would be against the no fly no buy thing. Are you worried about being on the no fly list yourself? I'm not, so it sounds like a good preventative measure to me


It has everything to do with how the selection is based. I'm fine if there are public due process proceedings and a time limit is given so it can't be drug out. The fact is, how trump and Hillary want it, a group of non elected people, in a back room somewhere can put anyone they want on the list.

Re: "Stop and Frisk" is unconstitutional [Re: jawbone] #1858928
09/27/16 03:36 PM
09/27/16 03:36 PM
Joined: Feb 2013
Posts: 8,396
A
Atoler Offline
14 point
Atoler  Offline
14 point
A
Joined: Feb 2013
Posts: 8,396
Originally Posted By: jawbone
Originally Posted By: Atoler
Originally Posted By: jawbone
Just so I'm clear, are we talking about Terry Stops? Supreme Court already ruled on that and they are fine or are we talking about just some random stop and frisk with not articulable reasonable suspicion? I've never heard of a court thinking that was OK and if it ever came up I think the Terry case pretty well lays it out.


No, this policy was requiring no reasonable suspicion.


Terry V. Ohio already covers this. That matter was asked and answered years ago and shouldn't be an issue unless The Supreme Court sees a reason to revisit it.


I guess you are missing the point. As you say, it's already outlined as unconstitutional. Yet, wrap your head around this, trump is a proponent of trampling your constitutional rights, and Hillary wasn't............he wants the stop and frisk that was ruled unconstitutional in New York. Maybe it's going to be readdressed in his term if he wins....

Re: "Stop and Frisk" is unconstitutional [Re: Atoler] #1858937
09/27/16 03:44 PM
09/27/16 03:44 PM
Joined: May 2012
Posts: 8,670
NW Alabama
R
R_H_Clark Offline
Leupold Pro Staff
R_H_Clark  Offline
Leupold Pro Staff
R
Joined: May 2012
Posts: 8,670
NW Alabama
Originally Posted By: Atoler
Originally Posted By: jawbone
Originally Posted By: Atoler
Originally Posted By: jawbone
Just so I'm clear, are we talking about Terry Stops? Supreme Court already ruled on that and they are fine or are we talking about just some random stop and frisk with not articulable reasonable suspicion? I've never heard of a court thinking that was OK and if it ever came up I think the Terry case pretty well lays it out.


No, this policy was requiring no reasonable suspicion.


Terry V. Ohio already covers this. That matter was asked and answered years ago and shouldn't be an issue unless The Supreme Court sees a reason to revisit it.


I guess you are missing the point. As you say, it's already outlined as unconstitutional. Yet, wrap your head around this, trump is a proponent of trampling your constitutional rights, and Hillary wasn't............he wants the stop and frisk that was ruled unconstitutional in New York. Maybe it's going to be readdressed in his term if he wins....


Of coarse, Hillary is a woman of her word. Her word is whatever she thinks you want to hear. Trump just says whatever the first thing is to pop in his mind.

Truth is the president doesn't decide this issue one way or the other.

Re: "Stop and Frisk" is unconstitutional [Re: R_H_Clark] #1858941
09/27/16 03:47 PM
09/27/16 03:47 PM
Joined: Feb 2013
Posts: 8,396
A
Atoler Offline
14 point
Atoler  Offline
14 point
A
Joined: Feb 2013
Posts: 8,396
Originally Posted By: R_H_Clark
Originally Posted By: Atoler
Originally Posted By: jawbone
Originally Posted By: Atoler
Originally Posted By: jawbone
Just so I'm clear, are we talking about Terry Stops? Supreme Court already ruled on that and they are fine or are we talking about just some random stop and frisk with not articulable reasonable suspicion? I've never heard of a court thinking that was OK and if it ever came up I think the Terry case pretty well lays it out.


No, this policy was requiring no reasonable suspicion.


Terry V. Ohio already covers this. That matter was asked and answered years ago and shouldn't be an issue unless The Supreme Court sees a reason to revisit it.


I guess you are missing the point. As you say, it's already outlined as unconstitutional. Yet, wrap your head around this, trump is a proponent of trampling your constitutional rights, and Hillary wasn't............he wants the stop and frisk that was ruled unconstitutional in New York. Maybe it's going to be readdressed in his term if he wins....


Of coarse, Hillary is a woman of her word. Her word is whatever she thinks you want to hear. Trump just says whatever the first thing is to pop in his mind.

Truth is the president doesn't decide this issue one way or the other.


Unfortunately for us, they probably do in this election since they can nominate sc justices.

Re: "Stop and Frisk" is unconstitutional [Re: Remington270] #1858943
09/27/16 03:47 PM
09/27/16 03:47 PM
Joined: Nov 2008
Posts: 10,300
Alabama
W
whack-n-stack Offline
Booner
whack-n-stack  Offline
Booner
W
Joined: Nov 2008
Posts: 10,300
Alabama
It takes two to tango on the thin blue line.

Re: "Stop and Frisk" is unconstitutional [Re: jbc] #1858945
09/27/16 03:49 PM
09/27/16 03:49 PM
Joined: Mar 2015
Posts: 1,595
Odenville, AL
Flyway Offline
8 point
Flyway  Offline
8 point
Joined: Mar 2015
Posts: 1,595
Odenville, AL
Originally Posted By: jbc
I understand the "give them an inch and they'll take a mile" worries,... but I can't start to understand why anyone would be against the no fly no buy thing. Are you worried about being on the no fly list yourself? I'm not, so it sounds like a good preventative measure to me

The 2nd amendment is a right protected by the Constitution. No right can be revoked without due process. No fly no buy bypasses due process. What if they said no fly no vote? Or no fly no freedom of speech/religion?


Is life so dear, or peace so sweet, as to be purchased at the price of chains and slavery? I know not what course others may take; but as for me, give me liberty or give me death! - Patrick Henry
Re: "Stop and Frisk" is unconstitutional [Re: Atoler] #1858964
09/27/16 04:00 PM
09/27/16 04:00 PM
Joined: Jan 2001
Posts: 25,758
Fayetteville TN Via Selma
jawbone Offline
Freak of Nature
jawbone  Offline
Freak of Nature
Joined: Jan 2001
Posts: 25,758
Fayetteville TN Via Selma
Originally Posted By: Atoler
Originally Posted By: jawbone
Originally Posted By: Atoler
Originally Posted By: jawbone
Just so I'm clear, are we talking about Terry Stops? Supreme Court already ruled on that and they are fine or are we talking about just some random stop and frisk with not articulable reasonable suspicion? I've never heard of a court thinking that was OK and if it ever came up I think the Terry case pretty well lays it out.


No, this policy was requiring no reasonable suspicion.


Terry V. Ohio already covers this. That matter was asked and answered years ago and shouldn't be an issue unless The Supreme Court sees a reason to revisit it.


I guess you are missing the point. As you say, it's already outlined as unconstitutional. Yet, wrap your head around this, trump is a proponent of trampling your constitutional rights, and Hillary wasn't............he wants the stop and frisk that was ruled unconstitutional in New York. Maybe it's going to be readdressed in his term if he wins....


I got the point. He is pissing in the wind to claim it is constitutional, per se. Guiliani's argument is that some parts of New York are so crime infested that just being there and fitting a certain profile makes you reasonably suspicious. Personally, I think he's probably correct in his assertion, but it doesn't pass constitutional muster and it shouldn't be legal. Like I said, this question was answered years ago under Terry so what is new about it to make it reviewable?

BTW, Guiliani wrote a book awhile back titled Leadership in which he discusses these issues and crime in New York. It is my opinion that he was a good mayor for New York, especially considering the times, but he tries to take too much credit for Bill Bratton's work. Bratton was his Police Commissioner. Really an interesting book that discusses profiling issues in a post 9/11 America.

For the record, while I think Trump is wrong on this issue, it is far from being enough to pull me into the Hillary camp.


Lord, please help us get our nation straightened out.
Re: "Stop and Frisk" is unconstitutional [Re: Remington270] #1859955
09/28/16 03:23 PM
09/28/16 03:23 PM
Joined: Dec 2002
Posts: 51,953
Round ‘bout there
C
Clem Offline
Mildly Quirky
Clem  Offline
Mildly Quirky
C
Joined: Dec 2002
Posts: 51,953
Round ‘bout there

Interesting column in today's Wall Street Journal by Giuliani about SaF, and he says Trump was right:

http://www.wsj.com/articles/trump-is-right-about-stop-and-frisk-1475018152


"Hunting Politics are stupid!" - Farm Hunter

"Bible says you shouldn't put sugar in your cornbread." Dustin, 2013

"Best I can figure 97.365% of the general public is a paint chip eating, mouth breathing, certified dumbass." BCLC, 2020
Re: "Stop and Frisk" is unconstitutional [Re: Remington270] #1860161
09/28/16 05:41 PM
09/28/16 05:41 PM
Joined: Jan 2001
Posts: 25,758
Fayetteville TN Via Selma
jawbone Offline
Freak of Nature
jawbone  Offline
Freak of Nature
Joined: Jan 2001
Posts: 25,758
Fayetteville TN Via Selma
I didn't see the debate, so how did the topic come up? It sounded like to me that Hillary was suggesting that Trump wants to expand Stop and Frisk beyond the Terry decision.

There hasn't been an issue with the constitutionality of a Terry Stop since the decision. The only issues that are generally involved are if there was "reasonable suspicion" and whether or not the pat down was too invasive.

I guess that explains why Hillary couldn't pass the D.C. bar exam.


Lord, please help us get our nation straightened out.
Re: "Stop and Frisk" is unconstitutional [Re: jawbone] #1860187
09/28/16 06:18 PM
09/28/16 06:18 PM
Joined: Feb 2013
Posts: 8,396
A
Atoler Offline
14 point
Atoler  Offline
14 point
A
Joined: Feb 2013
Posts: 8,396
Originally Posted By: jawbone
I didn't see the debate, so how did the topic come up? It sounded like to me that Hillary was suggesting that Trump wants to expand Stop and Frisk beyond the Terry decision.

There hasn't been an issue with the constitutionality of a Terry Stop since the decision. The only issues that are generally involved are if there was "reasonable suspicion" and whether or not the pat down was too invasive.

I guess that explains why Hillary couldn't pass the D.C. bar exam.


No, the topic got around to gun control/crime/etc. she gave her normal spiel. Trump brought up the stop and frisk model that was implemented in New York, said he liked that etc. she hammered him on it being ruled a. Unconstitutional b. Racially discriminating. That was the ruling in court. He the. Guffawed about how it wasn't unconstitutional, discriminatory, etc.

Very disturbing ideas he has, to go along with the social programs he advocates.

Re: "Stop and Frisk" is unconstitutional [Re: Remington270] #1860223
09/29/16 12:51 AM
09/29/16 12:51 AM
Joined: Sep 2016
Posts: 864
Alabama
TGbow Offline
6 point
TGbow  Offline
6 point
Joined: Sep 2016
Posts: 864
Alabama
I havent figure out where he stands for sure on healthcare.
Hope he wont be another Socialist/ Light if he's elected.

Re: "Stop and Frisk" is unconstitutional [Re: Remington270] #1860319
09/29/16 02:54 AM
09/29/16 02:54 AM
Joined: May 2011
Posts: 20,017
PDL, Fl
T
timbercruiser Offline
Freak of Nature
timbercruiser  Offline
Freak of Nature
T
Joined: May 2011
Posts: 20,017
PDL, Fl
For it to be unconstitutional, Fox News and their pundits are adamant that it is legal.

Re: "Stop and Frisk" is unconstitutional [Re: timbercruiser] #1860327
09/29/16 02:59 AM
09/29/16 02:59 AM
Joined: Jan 2001
Posts: 25,758
Fayetteville TN Via Selma
jawbone Offline
Freak of Nature
jawbone  Offline
Freak of Nature
Joined: Jan 2001
Posts: 25,758
Fayetteville TN Via Selma
Originally Posted By: timbercruiser
For it to be unconstitutional, Fox News and their pundits are adamant that it is legal.


It is if there is reasonable suspicion. That is the key element that they keep leaving out of the equations.


Lord, please help us get our nation straightened out.
Re: "Stop and Frisk" is unconstitutional [Re: Remington270] #1860328
09/29/16 03:05 AM
09/29/16 03:05 AM
Joined: Apr 2000
Posts: 11,993
34°25'49.80"N 86°55'46.99"...
gman Offline
Booner
gman  Offline
Booner
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Posts: 11,993
34°25'49.80"N 86°55'46.99"...
Yep, that pesky reasonable suspicion...like stray was suspiciously checking the oil in his truck the other day.


The harder I practice, the luckier I get.
Re: "Stop and Frisk" is unconstitutional [Re: gman] #1860330
09/29/16 03:09 AM
09/29/16 03:09 AM
Joined: Dec 2004
Posts: 25,128
Guntersville, AL
IDOT Offline
I am Cornholio
IDOT  Offline
I am Cornholio
Joined: Dec 2004
Posts: 25,128
Guntersville, AL
Originally Posted By: gman
Yep, that pesky reasonable suspicion...like stray was suspiciously checking the oil in his truck the other day.


Perzactly


Originally Posted by Patricia Heaton
If you’re a common sense person, you probably don’t feel you have a home in this world right now. If you’re a Christian, you know you were never meant to.


Re: "Stop and Frisk" is unconstitutional [Re: IDOT] #1860415
09/29/16 04:39 AM
09/29/16 04:39 AM
Joined: Jan 2001
Posts: 25,758
Fayetteville TN Via Selma
jawbone Offline
Freak of Nature
jawbone  Offline
Freak of Nature
Joined: Jan 2001
Posts: 25,758
Fayetteville TN Via Selma
Originally Posted By: IDOT
Originally Posted By: gman
Yep, that pesky reasonable suspicion...like stray was suspiciously checking the oil in his truck the other day.


Perzactly


With a gun showing in an iffy area known for robberies, that is going to fly in any court as reasonably suspicious. Like I first said on that matter, I'm not familiar with the area, so I don't know how bad it is.


Lord, please help us get our nation straightened out.
Re: "Stop and Frisk" is unconstitutional [Re: doekiller] #1860786
09/29/16 10:44 AM
09/29/16 10:44 AM
Joined: Apr 2015
Posts: 143
St.Clair
J
JDAIII Offline
3 point
JDAIII  Offline
3 point
J
Joined: Apr 2015
Posts: 143
St.Clair

Originally Posted By: doekiller
The New York stop and frisk case was determined to be illegal. I don't care what Rudy said.

Stopping and frisking is not illegal in and of itself. But, the Terry standards must apply. Reasonable Suspicion that the individual is "armed and dangerous".

The court ruled that the baseless stop and frisk conducted by New York was no constitutional on two grounds. 1. It didn't require reasonable suspicion. 2. The evidence showed that the stops were conducted based on racial profiling.

Some of you may have no problem with racial profiling. But, just wait until it is Hitlery in charge and it is white males they are stopping and harassing.
Your right , it can be abused. It s been used to disperse crowds off the street and a lazy way to make a drug case.

Re: "Stop and Frisk" is unconstitutional [Re: TGbow] #1861001
09/29/16 02:30 PM
09/29/16 02:30 PM
Joined: Jun 2016
Posts: 2,644
Arab/Stevenson AL
Recurve Offline
10 point
Recurve  Offline
10 point
Joined: Jun 2016
Posts: 2,644
Arab/Stevenson AL
Originally Posted By: TGbow
I havent figure out where he stands for sure on healthcare.
Hope he wont be another Socialist/ Light if he's elected.


Bad news, his views on healthcare don't differ much from the left


I hope we have once again reminded people that man is not free unless government is limited. There�s a clear cause and effect here that is as neat and predictable as a law of physics: as government expands, liberty contracts. � Ronald Reagan
Re: "Stop and Frisk" is unconstitutional [Re: doekiller] #1861006
09/29/16 02:34 PM
09/29/16 02:34 PM
Joined: Jun 2016
Posts: 2,644
Arab/Stevenson AL
Recurve Offline
10 point
Recurve  Offline
10 point
Joined: Jun 2016
Posts: 2,644
Arab/Stevenson AL
Originally Posted By: doekiller
The New York stop and frisk case was determined to be illegal. I don't care what Rudy said.

Stopping and frisking is not illegal in and of itself. But, the Terry standards must apply. Reasonable Suspicion that the individual is "armed and dangerous".

The court ruled that the baseless stop and frisk conducted by New York was no constitutional on two grounds. 1. It didn't require reasonable suspicion. 2. The evidence showed that the stops were conducted based on racial profiling.

Some of you may have no problem with racial profiling. But, just wait until it is Hitlery in charge and it is white males they are stopping and harassing.


This is a perfect example of why we want the constitution followed. It's easy to view this stuff as acceptable when it isn't happening to you. It's another thing when it is happening to you. An easy example is no further away from Lois Lerner.


I hope we have once again reminded people that man is not free unless government is limited. There�s a clear cause and effect here that is as neat and predictable as a law of physics: as government expands, liberty contracts. � Ronald Reagan
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