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Welcome to SportTrac.Org
Off Topic Discussion
OT: Standing Up For What's Right - Against Circuit City and the local Police
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<blockquote data-quote="Rich Stern" data-source="post: 731203" data-attributes="member: 52580"><p>Mke H, I recommend you read the Supreme Court opinion in Brown v. Texas (link below). </p><p></p><p></p><p></p><p>The Texas law you are referring to was found to be unconstitutional when applied to someone who is not reasonably suspected of a crime. Specifically, the court considered it a violation of the Fourth Amendment.</p><p></p><p></p><p></p><p>Those of you arguing that the guy is somehow responsible to comply with the store or the police officer are missing something: In our society, unless suspected of a crime on reasonable grounds, the government cannot interfere with you, demand answers of you, arrest you, etc. Read the words of the 4th Amendment. They mean what they say.</p><p></p><p></p><p></p><p><em><strong>The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, </strong>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. </em></p><p></p><p></p><p></p><p>Mike, you should also recognize that, based on Righli's blog account, the officer conducted an illegal Terry stop: Removing Righli's wallet from his pocket is also a 4th Amendment violation. The officer is allowed to pat him down for weapons, but is not allowed to remove anything other than suspected weapons or dangerous objects from him.</p></blockquote><p></p>
[QUOTE="Rich Stern, post: 731203, member: 52580"] Mke H, I recommend you read the Supreme Court opinion in Brown v. Texas (link below). The Texas law you are referring to was found to be unconstitutional when applied to someone who is not reasonably suspected of a crime. Specifically, the court considered it a violation of the Fourth Amendment. Those of you arguing that the guy is somehow responsible to comply with the store or the police officer are missing something: In our society, unless suspected of a crime on reasonable grounds, the government cannot interfere with you, demand answers of you, arrest you, etc. Read the words of the 4th Amendment. They mean what they say. [i][b]The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, [/b]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. [/i] Mike, you should also recognize that, based on Righli's blog account, the officer conducted an illegal Terry stop: Removing Righli's wallet from his pocket is also a 4th Amendment violation. The officer is allowed to pat him down for weapons, but is not allowed to remove anything other than suspected weapons or dangerous objects from him. [/QUOTE]
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Off Topic Discussion
OT: Standing Up For What's Right - Against Circuit City and the local Police
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