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xsubsailor

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Posts posted by xsubsailor

  1. http://www.businessinsider.com...traffic-stops-2015-4

     

    Supreme Court rules that cops can't hold you for even a few extra minutes after routine traffic stops


    The U.S. Supreme Court ruled in a 6-3 vote Tuesday that routine traffic stops cannot be extended for further police investigation.

    After police have completed a routine traffic stop, they cannot hold you for even a few extra minutes without violating your rights, the Supreme Court ruled on Tuesday.

    In a 6-3 vote, the court said constitutional protections against unreasonable search and seizure prevent police agencies from extending traffic stops for additional investigation, such as the use of a drug-sniffing dog.

    “We hold that a police stop exceeding the time needed to handle the matter for which the stop was made violates the Constitution’s shield against unreasonable seizures,” Justice Ruth Bader Ginsburg said in a written ruling on behalf of the court.

    Justice Clarence Thomas, writing on behalf of the dissenting justices, said the court’s interpretation could blur the definitions of probable cause and reasonable suspicion for U.S. police departments.

    In Rodriguez v. United States, a case brought by a Nebraska man who was pulled over for driving erratically on a state highway in 2012, the court majority said police lacked probable cause in a search that led to the man's drug charge.

    The man in the case, Dennys Rodriguez, had his license checked and was issued a warning for his improper driving. But then a police officer asked Rodriguez if he would consent to having a drug-sniffing dog walk around the vehicle. He refused.

    The officer still held Rodriguez and told him to wait in his vehicle for “seven or eight minutes,” according to a report in the Hill, until another officer arrived with the drug-sniffing dog. Police ended up arresting Rodriguez for possession of methamphetamines and Rodriguez was indicted on federal drug charges.

    But at the moment that the first officer completed the initial check, all further searches of Rodriguez's car were illegal, Ginsburg said in the ruling. The "tolerable duration of police inquiries in the traffic-stop context is determined by the seizure’s ‘mission’ — to address the traffic violation that warranted the stop,” she wrote. “Authority for the seizure thus ends when tasks tied to the traffic infraction are — or reasonably should have been — completed.”

    Thomas, along with Justices Samuel Alito and Anthony Kennedy, argued that police should have the authority to detain people when they suspect other crimes are being committed. “Had [the police officer] arrested, handcuffed and taken Rodriguez to the police station for his traffic violation, he would have complied with the Fourth Amendment,” Thomas wrote in the dissent. “Such a view of the Fourth Amendment makes little sense.”

  2. Congratulations on your escape and welcome to the great state of Tennessee.  Thank you for not complaining about our  10 cent per box tax on ammo (old story).  :D
     
     I would also like to offer some advice. If you are going to Crappie fish or turkey hunt and you’ve been out there in Commie land for 30 years, please, for your safety and the safety of some of our harmless critters, educate or re-educate yourself on the species of snakes we have in the state.  You never know who you will be sharing a brush pile or tree stump with.  :whistle:
  3. Honestly, I believe that the 'green tip' ban is a way for the ATF to put out feelers.  If banning that ammo succeeds, they will start looking to ban any and all ammo that could, potentially penetrate soft body armor.  Of course, given the 'right' circumstances and testing protocols their results could likely include at least some varieties of pretty much every medium to high powered rifle ammo and likely some handgun ammo, as well.  It won't matter if such ammo has ever actually been used to shoot a cop and defeated body armor or not.  As I mentioned in another thread, I seem to remember the late and not lamented Teddy Kennedy pushing to get some varieties of 30-30 ammo banned because they could defeat soft body armor.  Think about that - a firearm, usually a lever action rifle, that is likely viewed by most non-gunners as one of the most 'benign' of the deer rifles and some jackhole has already tried banning at least some varieties of ammo it uses.

     

     I think we should be real quite about the fact that a .50 BMG "might" penetrate body armor.  :whistle:

  4.  

     

    See you folks on the boards.

     

    Or is that y'all ? :shrug:

     

     I believe that's correct when speaking to an individual but, "all y'all" is proper when speaking to a group.  :D

     

     

    Be sure to check out the greater memphis area. We have reached our Yankee quota in East, TN.  

     

     

     

     What do you have against the new guy?    :-\

     

    BTW, welcome to the forum  :wave:  and I'm sure you will be welcome in any part of the state..

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