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PivotTechno
senseless

Registered: Feb 2008
Location: Citizen, World
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Apr-17-2013 16:54
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srussell0018
Chaostician

Registered: Dec 2006
Location: Blumsberg
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| quote: | Originally posted by Halcyon+On+On
It's unconstitutional by the 4th amendment, unless you think that being born black is probable cause. |
The fourth amendment applies more to unlawful searches and seizures, warrants, etc. If people wearing hoodies with their pants hanging below their ass are statistically more likely to be carrying a weapon or some other illegal substance, this would constitute probable cause.
| quote: | | Conversely, the Court has approved routine warrantless seizures, for example "where there is probable cause to believe that a criminal offense has been or is being committed."[20] Thus, the reasonableness requirement and the warrant requirement are somewhat different. |
RE: Stop and Frisk
| quote: | | Under Terry v. Ohio 392 U.S. 1 (1968), law enforcement officers are permitted to conduct a limited warrantless search on a level of suspicion less than probable cause under certain circumstances. In Terry, the Supreme Court ruled that when a police officer witnesses "unusual conduct" that leads that officer to reasonably believe "that criminal activity may be afoot", that the suspicious person has a weapon and that the person is presently dangerous to the officer or others, the officer may conduct a "pat-down search" (or "frisk") to determine whether the person is carrying a weapon. To conduct a frisk, officers must be able to point to specific and articulatory facts which, taken together with rational inferences from those facts, reasonably warrant their actions. A vague hunch will not do. Such a search must be temporary and questioning must be limited to the purpose of the stop (e.g., officers who stop a person because they have reasonable suspicion to believe that the person was driving a stolen car, cannot, after confirming that it is not stolen, compel the person to answer questions about anything else, such as the possession of contraband). |
___________________
| quote: | Originally posted by OrangestO
This isn't about physics, this is about waves.
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Apr-17-2013 17:00
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