 |
|
|
|
 |
Orbital32
Revolution

Registered: Jul 2004
Location: LaTa #32°
|
|
|
| quote: | Originally posted by Halcyon+On+On
When did they say that? |
http://supct.law.cornell.edu/supct/html/03-5554.ZO.html
| quote: | Hiibel argues that his conviction cannot stand because the officer’s conduct violated his Fourth Amendment rights. We disagree.
Asking questions is an essential part of police investigations. In the ordinary course a police officer is free to ask a person for identification without implicating the Fourth Amendment. “[I]nterrogation relating to one’s identity or a request for identification by the police does not, by itself, constitute a Fourth Amendment seizure.” INS v. Delgado, 466 U.S. 210, 216 (1984). Beginning with Terry v. Ohio, 392 U.S. 1 (1968), the Court has recognized that a law enforcement officer’s reasonable suspicion that a person may be involved in criminal activity permits the officer to stop the person for a brief time and take additional steps to investigate further. Delgado, supra, at 216; United States v. Brignoni-Ponce, 422 U.S. 873, 881 (1975). To ensure that the resulting seizure is constitutionally reasonable, a Terry stop must be limited. The officer’s action must be “ ‘justified at its inception, and … reasonably related in scope to the circumstances which justified the interference in the first place.’ ” United States v. Sharpe, 470 U.S. 675, 682 (1985) (quoting Terry, supra, at 20). For example, the seizure cannot continue for an excessive period of time, see United States v. Place, 462 U.S. 696, 709 (1983), or resemble a traditional arrest, see Dunaway v. New York, 442 U.S. 200, 212 (1979).
Our decisions make clear that questions concerning a suspect’s identity are a routine and accepted part of many Terry stops. See United States v. Hensley, 469 U.S. 221, 229 (1985) (“[T]he ability to briefly stop [a suspect], ask questions, or check identification in the absence of probable cause promotes the strong government interest in solving crimes and bringing offenders to justice”); Hayes v. Florida, 470 U.S. 811, 816 (1985) (“[I]f there are articulable facts supporting a reasonable suspicion that a person has committed a criminal offense, that person may be stopped in order to identify him, to question him briefly, or to detain him briefly while attempting to obtain additional information”); Adams v. Williams, 407 U.S. 143, 146 (1972) (“A brief stop of a suspicious individual, in order to determine his identity or to maintain the status quo momentarily while obtaining more information, may be most reasonable in light of the facts known to the officer at the time”).
Obtaining a suspect’s name in the course of a Terry stop serves important government interests. Knowledge of identity may inform an officer that a suspect is wanted for another offense, or has a record of violence or mental disorder. On the other hand, knowing identity may help clear a suspect and allow the police to concentrate their efforts elsewhere. Identity may prove particularly important in cases such as this, where the police are investigating what appears to be a domestic assault. Officers called to investigate domestic disputes need to know whom they are dealing with in order to assess the situation, the threat to their own safety, and possible danger to the potential victim. |
Last edited by Orbital32 on Nov-17-2006 at 01:04
|
|
Nov-17-2006 00:59
|
|
|
 |
 |
Psy-T
Melody Klein

Registered: Jan 2003
Location: Haifa
|
|
|
Re: Re: UCLA police taser a student
| quote: | Originally posted by Orbital32
Its funny how everybody is a lawyer when they see something bad happen. So he got tazed, Its not like he paralyzed for years.. the effect wears off rather quickly...within seconds. Oh and the supreme court has ruled that refusing to so a peace officer ID is ground to bring a person in.  |
more like everybody - or at least the wise ones - are individuals when they see something like this, rather than a society, obviously, this must be supressed .
| quote: | Originally posted by Orbital32
the video is not clear show it doesn't show that force was being abused. He could not follow simple orders of "Stand Up" I'm sure the cops were aware of the other students around, i'm sure they followed procedure. Now if students don't know what that procdeure is, well its not the cops job to tell them. If the students want to find out...the hard way. I'm sure the cops will be happy to do it.
I hate how people diss cops, just because of the "injustice" on youtube. If that footage was on "Coolest Cops Takedown EVER!!" (i made that up) then it will all GREAT! |
i hope you'll enjoy your dystopia.
___________________
People who own my ass: Citric Acid, Boomer187, Tribu, Sand Leaper,
Jackson, venomX, jamie, Renegade, Konjin, Akridrot, Miss Bliss.
Psy-T - Down The Rabbit Hole (400minute long acid set)
|
|
Nov-17-2006 01:29
|
|
|
 |
All times are GMT. The time now is 07:01.
Forum Rules:
You may not post new threads
You may not post replies
You may not edit your posts
|
HTML code is ON
vB code is ON
[IMG] code is ON
|
|
|
|
|
|
Contact Us - return to tranceaddict
Powered by: Trance Music & vBulletin Forums
Copyright ©2000-2026, Jelsoft Enterprises Ltd.
Privacy Statement / DMCA
|