is it snowing in hell today? Scalia and Thomas disagreed on something!

[Kidlicious]

http://en.wikipedia.org/wiki/Hyperbole

vocab quiz tomorrow

It's probably snowing in Milwaukee 10% of the time.

[Sava]

IF BY 'USING' YOU MEAN 'DRUGGING IT AND TAKING OUT BACK AND RAPING IT' THEN YES

THE 4TH AMENDMENT IS ABOUT REASONABILITY, REASONABLE SEARCHES AND SEIZURES :nagry:

HOW IS IT REASONABLE TO ARREST THEN DOG SNIFF, AND NOT REASONABLE TO NOT ARREST AND DOG SNIFF?

I think they should arrest for traffic violations. That would go well. Either you arrest everyone, pissing off white people, or you just go business as usual and let the institutional racism (or accusations thereof) do its thing. People (predominantly young black men) would be getting arrested left and right for minor traffic offenses. There will be deaths. MSNBC and CNN would be the 24/7 police brutality channel. Departments would get buried in 1983's. You'd see enormous political pressure to change the law.

Hell, we might even see a push to have settlements come out of police union budgets. That would be a helluva debate.

[Berzerker]

YES, THERE IS NO CONSTITUTIONAL PROBLEM WITH A STATE ALLOWING COPS TO ARREST AND JAIL PEOPLE FOR MINOR TRAFFIC INFRACTIONS

the cop didn't arrest him until after the probable cause was "created" by the dog

THE 4TH AMENDMENT IS ABOUT REASONABILITY, REASONABLE SEARCHES AND SEIZURES :nagry:

HOW IS IT REASONABLE TO ARREST THEN DOG SNIFF, AND NOT REASONABLE TO NOT ARREST AND DOG SNIFF?

if you aint under arrest, you aint obliged to hang around while the cops tear your car apart on a fishing expedition

[Wiglaf]

the cop didn't arrest him until after the probable cause was "created" by the dog

the point is he could have made an arrest with just the traffic infraction, no need for drugs

if you aint under arrest, you aint obliged to hang around while the cops tear your car apart on a fishing expedition

again, you could be placed under arrest for the traffic infraction. so all you are doing is encouraging arrests for stupid infractions. once under arrest, the drug sniff wouldvce been ok

[kentonio]

again, you could be placed under arrest for the traffic infraction. so all you are doing is encouraging arrests for stupid infractions. once under arrest, the drug sniff wouldvce been ok

So let them do that then. If the police want the added workload, then good for them.

[N35t0r]

the point is he could have made an arrest with just the traffic infraction, no need for drugs



again, you could be placed under arrest for the traffic infraction. so all you are doing is encouraging arrests for stupid infractions. once under arrest, the drug sniff wouldvce been ok

There's also records for arrests, while no records of people held for longer while on a routine inspection...

Accountability

[PLATO]

I believe that this is probably the court having a reaction to much increased police presence in the country than we had 30 years ago and the way the police do their jobs. America was founded on a basic principle..."If you aren't hurting anyone else, then do as you please." This principle no longer exists and has been replaced by the "Rule of Law" where there are to many laws that impose on personal freedom and to many police trying to do to much. Police are no longer looked at as protectors, but now only as enforcers. Not a good development and the court is to be commended for limiting police ability to overreach.

[Main_Brain]

Everything you Need to know about waiting for Drug-Dogs:

http://www.slu.edu/Documents/law/Law...on_Article.pdf (You'd still have 99 Problems though)

[Berzerker]

the point is he could have made an arrest with just the traffic infraction, no need for drugs

again, you could be placed under arrest for the traffic infraction. so all you are doing is encouraging arrests for stupid infractions. once under arrest, the drug sniff wouldvce been ok

he didn't make the arrest without the drugs and I dont know that he could have, a traffic ticket aint usually an arresting offense and if everyone got arrested for tickets the practice would end pdq both from the legislature and the courts

he detained someone to create probable cause, thats a fishing expedition and that aint reasonable - 6 judges figured that out and I still dont know what in the hell Clarence Thomas was talking about in his dissent