the war on drugs chipping away at the 4th Amendment

S

SmarterthanYou

rebel
[United States v. Robinson, 455 F.3d 832, 834 (8th Cir. 2006)]

a de minimis intrusion beyond the scope of the traffic stop was allowed. In Robinson, the defendant was pulled over for failing to stop at a stop sign. After issuing the warning for the traffic violation, the police officer asked Robinson about an object the officer believed he saw Robinson take from his pocket and hide between the seats. Robinson argued that once the warning was issued the stop should have concluded and any further detention was an impermissible seizure.
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which has been the case in numerous circuits until now, and why?

The court disagreed, noting that even if the law enforcement officer did not have reasonable suspicion to prolong the traffic stop, the brief questioning did not constitute a Fourth Amendment violation. 455 F.3d at 834. “Even if a suspicionless seizure occurred during the period from the conclusion of the traffic stop until the officers unquestionably had probable cause, it was a de minimis intrusion that did not constitute an unreasonable seizure with the meaning of the Fourth Amendment.” Id.
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translation, 'since the officer found marijuana and the court hates marijuana, we'll take this bad case and make bad law letting law enforcement prolong stops after citations are issued so they can search for drugs and call it 'protective sweeps', whether they find anything or not is irrelevant'.
 
SmarterThanYou said:
[United States v. Robinson, 455 F.3d 832, 834 (8th Cir. 2006)]

which has been the case in numerous circuits until now, and why?



translation, 'since the officer found marijuana and the court hates marijuana, we'll take this bad case and make bad law letting law enforcement prolong stops after citations are issued so they can search for drugs and call it 'protective sweeps', whether they find anything or not is irrelevant'.
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Prohibition kills! Little children!!
 
Hell, you have to go back to 2006 for one of thousands of examples where "reasonable suspicion" has been granted limitless power to stomp on our constitutional protections? You want 4th Amendment violations in spades, just try to fly somewhere.
 
SmarterThanYou said:
[United States v. Robinson, 455 F.3d 832, 834 (8th Cir. 2006)]

which has been the case in numerous circuits until now, and why?



translation, 'since the officer found marijuana and the court hates marijuana, we'll take this bad case and make bad law letting law enforcement prolong stops after citations are issued so they can search for drugs and call it 'protective sweeps', whether they find anything or not is irrelevant'.
Click to expand...

you want something to repeal, repeal the war on drugs
 
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