Quote (thesnipa @ Sep 22 2016 10:15am)
So, hypothetically, you believe that a nationwide stop and frisk law would not be constitutionally overturned by the USSC?
IMO if you take such a strong stance on the interpretation of the 4th amendment that you call the constitutional violation of a warrentless pat down "bogus" we differ in opinion far too much to even argue this. Stop and frisk is something that can be constitutionally acceptable if only used with probable cause, giving it catch all powers that can be abused for warantless searches devoid of even suspicion is where it crosses the line. These issues arise all of the time, a power given to police is abused and eventually appealed because the abuse allowed by vague laws allows for constitutional abuse, see ID laws in the southwest for a prime example.
What I personally support and what a willing government could accomplish in the courts are two different things. Floyd v C-NY gave the city a clear path to overturn, but new york wanted stop and frisk killed and swept under the carpet, not litigated any further.
It doesn't strike you that stop and frisk persisted for decades without being ruled unconstitutional, until crime dropped enough it became politically unpopular?
It pushed such a fine line that it was allowed as long as there was the stomach for it. And if that appetite returns, theres no scotus ruling writ in stone to overturn, just some deeply flawed ruling by a biased judge in a lower court.
The race component was bogus, so the only element the courts have to push the bar on Terry stops is what constitutes the suspicion of a crime, because that bleeding edge has already been pushed by precedent like Arizona v Johnson saying that any traffic violation, no matter how minor, is already grounds- extending that to non-motorists puts the bar far lower than NY's self-imposed policy of felony suspicion. This is a far smaller issue than you cast it, being warrantless or lack of probable cause were never at issue, only whether officers could cite furtive movements or mere presence in a high crime area as 'reasonable suspicion'.
This post was edited by Goomshill on Sep 22 2016 10:52am