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The
Below Comments Relate to this Newslink:
Court: Cops have the right to frisk everyone
Submitted by:
Mark A. Taff
Website: http://www.marktaff.com
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are 2 comments
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A Federal appeals court this week ruled that police officers are justified in frisking anyone they believe may have a weapon during a traffic stop without regard for whether the individual is legally armed.
The U.S. 4th Circuit Court of Appeals sided with a lower court in a 58-page ruling determining that officer safety should always trump personal privacy and the right to self defense. |
Comment by:
dasing
(1/27/2017)
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And, if they DON'T have probable cause, we can sue. That might give them a thought to ponder!! |
Comment by:
PHORTO
(1/27/2017)
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Wrong, dasing.
This is ancient news.
[Wikipedia] Terry v. Ohio, 392 U.S. 1 (1968), was a decision by the United States Supreme Court which held that the Fourth Amendment prohibition on unreasonable searches and seizures is not violated when a police officer stops a suspect on the street and frisks him or her without probable cause to arrest, if the police officer has a reasonable suspicion that the person has committed, is committing, or is about to commit a crime and has a reasonable belief that the person "may be armed and presently dangerous."[1]
It's called a "Terry Stop", and it has been legal precedent since 1968. |
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QUOTES
TO REMEMBER |
For, in principle, there is no difference between a law prohibiting the wearing of concealed arms, and a law forbidding the wearing such as are exposed; and if the former be unconstitutional, the latter must be so likewise. But it should not be forgotten, that it is not only a part of the right that is secured by the constitution; it is the right entire and complete, as it existed at the adoption of the constitution; and if any portion of that right be impaired, immaterial how small the part may be, and immaterial the order of time at which it be done, it is equally forbidden by the constitution. [Bliss vs. Commonwealth, 12 Ky. (2 Litt.) 90, at 92, and 93, 13 Am. Dec. 251 (1822) |
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