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7 registered members (CreekCrosser, OlTimer, Luxfisher, brushwhacker, Tree Dweller, Gulfcoast, Forrestgump1),
519
guests, and 0
spiders. |
Key:
Admin,
Global Mod,
Mod
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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
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Joined: Sep 2016
Posts: 13 Alabama
EarlPickle
spike
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spike
Joined: Sep 2016
Posts: 13
Alabama
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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?
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Re: "Stop and Frisk" is unconstitutional
[Re: jbc]
#1858924
09/27/16 03:33 PM
09/27/16 03:33 PM
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Joined: Feb 2013
Posts: 8,396
Atoler
14 point
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14 point
Joined: Feb 2013
Posts: 8,396
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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.
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Re: "Stop and Frisk" is unconstitutional
[Re: jawbone]
#1858928
09/27/16 03:36 PM
09/27/16 03:36 PM
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Joined: Feb 2013
Posts: 8,396
Atoler
14 point
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14 point
Joined: Feb 2013
Posts: 8,396
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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....
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Re: "Stop and Frisk" is unconstitutional
[Re: Atoler]
#1858937
09/27/16 03:44 PM
09/27/16 03:44 PM
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Joined: May 2012
Posts: 8,670 NW Alabama
R_H_Clark
Leupold Pro Staff
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Leupold Pro Staff
Joined: May 2012
Posts: 8,670
NW Alabama
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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.
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Re: "Stop and Frisk" is unconstitutional
[Re: R_H_Clark]
#1858941
09/27/16 03:47 PM
09/27/16 03:47 PM
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Joined: Feb 2013
Posts: 8,396
Atoler
14 point
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14 point
Joined: Feb 2013
Posts: 8,396
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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.
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Re: "Stop and Frisk" is unconstitutional
[Re: jbc]
#1858945
09/27/16 03:49 PM
09/27/16 03:49 PM
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Joined: Mar 2015
Posts: 1,595 Odenville, AL
Flyway
8 point
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8 point
Joined: Mar 2015
Posts: 1,595
Odenville, AL
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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
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Re: "Stop and Frisk" is unconstitutional
[Re: Atoler]
#1858964
09/27/16 04:00 PM
09/27/16 04:00 PM
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Joined: Jan 2001
Posts: 25,758 Fayetteville TN Via Selma
jawbone
Freak of Nature
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Freak of Nature
Joined: Jan 2001
Posts: 25,758
Fayetteville TN Via Selma
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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.
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Re: "Stop and Frisk" is unconstitutional
[Re: Remington270]
#1860161
09/28/16 05:41 PM
09/28/16 05:41 PM
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Joined: Jan 2001
Posts: 25,758 Fayetteville TN Via Selma
jawbone
Freak of Nature
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Freak of Nature
Joined: Jan 2001
Posts: 25,758
Fayetteville TN Via Selma
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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.
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Re: "Stop and Frisk" is unconstitutional
[Re: jawbone]
#1860187
09/28/16 06:18 PM
09/28/16 06:18 PM
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Joined: Feb 2013
Posts: 8,396
Atoler
14 point
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14 point
Joined: Feb 2013
Posts: 8,396
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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.
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Re: "Stop and Frisk" is unconstitutional
[Re: timbercruiser]
#1860327
09/29/16 02:59 AM
09/29/16 02:59 AM
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Joined: Jan 2001
Posts: 25,758 Fayetteville TN Via Selma
jawbone
Freak of Nature
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Freak of Nature
Joined: Jan 2001
Posts: 25,758
Fayetteville TN Via Selma
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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.
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Re: "Stop and Frisk" is unconstitutional
[Re: gman]
#1860330
09/29/16 03:09 AM
09/29/16 03:09 AM
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Joined: Dec 2004
Posts: 25,128 Guntersville, AL
IDOT
I am Cornholio
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I am Cornholio
Joined: Dec 2004
Posts: 25,128
Guntersville, AL
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Yep, that pesky reasonable suspicion...like stray was suspiciously checking the oil in his truck the other day. Perzactly
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.
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Re: "Stop and Frisk" is unconstitutional
[Re: IDOT]
#1860415
09/29/16 04:39 AM
09/29/16 04:39 AM
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Joined: Jan 2001
Posts: 25,758 Fayetteville TN Via Selma
jawbone
Freak of Nature
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Freak of Nature
Joined: Jan 2001
Posts: 25,758
Fayetteville TN Via Selma
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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.
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Re: "Stop and Frisk" is unconstitutional
[Re: doekiller]
#1860786
09/29/16 10:44 AM
09/29/16 10:44 AM
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Joined: Apr 2015
Posts: 143 St.Clair
JDAIII
3 point
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3 point
Joined: Apr 2015
Posts: 143
St.Clair
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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.
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Re: "Stop and Frisk" is unconstitutional
[Re: TGbow]
#1861001
09/29/16 02:30 PM
09/29/16 02:30 PM
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Joined: Jun 2016
Posts: 2,644 Arab/Stevenson AL
Recurve
10 point
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10 point
Joined: Jun 2016
Posts: 2,644
Arab/Stevenson AL
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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
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Re: "Stop and Frisk" is unconstitutional
[Re: doekiller]
#1861006
09/29/16 02:34 PM
09/29/16 02:34 PM
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Joined: Jun 2016
Posts: 2,644 Arab/Stevenson AL
Recurve
10 point
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10 point
Joined: Jun 2016
Posts: 2,644
Arab/Stevenson AL
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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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