[Home]  [Headlines]  [Latest Articles]  [Latest Comments]  [Post]  [Mail]  [Sign-in]  [Setup]  [Help]  [Register] 

EXPLICIT VIDEOS SURFACE OF HUNTER BIDEN SMOKING CRACK AND HAVING SEX WITH MINORS

don’T know why we should boTher posTing anymore ... arTicle was posTed earlier --- Now senT down The rabbiT hole.

Election Interference: Google Suppresses Breitbart News in Search – Even with Exact Headline

Hunter Biden Audio Confesses Partnership With China ‘Spy Chief’… Joe Biden Named As Criminal Case Witness

BLACKMAIL PHOTOS” Uncovered – Hunter with Russians in Hollywood

Nancy Pelosi: Congress Will Have to ‘Reverse the Damage’ of a ‘Usurped’ Supreme Court Seat

He's Back... Spillway fishing for Anything (New PB)

Democrat Hit list for Trump Voters?

Was Hunter Biden Screwing Malia Obama and doing cocaine with her?

Watch "The American Republic vs the CCP—Documentary exposing China’s game plan for 2020 US election" on YouTube

if we don’T voTe ouT socialism - deep sTaTe infilTraTion - agendas by The lefT To desTroy This country... Then you can say goodbye To anyThing ThaT resembles The counTry --- people died for.

Origin of Much of 90s Music. Glam has a source.

Tom MacDonald - "Cancer"

A warning leTTer ... keep America greaT --- from The niece of Osama bin Laden

WATCH: Pam Bondi argues Biden corruption concerns are legitimate | Trump impeachment trial

BREAKING: Whistleblower Drops HARD Evidence, Biden, Obama, Hillary EXECUTED Seal Team 6, Audio Proof

Deckard Endorses Donald J. Trump for Re-election as President of The United Statese

You belong ... in The zoo --- a prison cage will do.

A Vaccine That Makes You Less Religious? A leaked Video from the Pentagon

“They’ve killed God; I can’t feel God; My soul is dead.”

Michelle Obama: 'Vote for Joe Biden like your lives depend on it'

FNC’s Wallace: Kamala Harris Proved She Could Be a ‘Heartbeat Away from the Presidency’

BORN TO BE FREE of the Covid Scam | Van Morrison

CatFish Catch Clean & Cook with Sweet Potatoe Fries (Camping Meal)

Her Name Is Lynn Marie Maher - (WhiTe Privilege in AcTion) While Working aT 7-Eleven aT 1 A.M ... WhiTe MoTher of Four --- Murdered by Black Male

Is Chris Wallace a White Supremacist?

Judge Andrew NapoliTano - never Trumper ... ‘forced’ man inTo ‘BDSM games’ --- lawsuiT alleges

Second man makes sex assaulT claim ... againsT Fox News analystT - never Trumper --- former N.J. judge Andrew NapoliTano

'Jet suit paramedic' test flight in Lake District (UK)

Joe Biden spotted wearing a wire during presidential debate

Staffer Says 'Good Luck' Through Earpiece And Biden Repeats It Out Loud At The Start Of The Debate

Does Adderall usage cause extreme pupil dilation?

Former New Mexico Democrat(ic) Governor Bill Richardson is accused of raking in hundreds of thousands in bribes and kickbacks to fund debauched lifestyle including 'sexual services and favors'

Nagorno-Karabakh: Heavy Clashes Between Armenian & Azerbaijani Forces As Both Declare State Of War

Exclusive: We Have Acquired A Copy Of Joe Biden's Debate Prep Notes

BOMBSHELL - Federal inTelligence officials cloned phones To surveil - map enTire sTrucTure of AnTifa / BLM TerrorisT operaTiions ... in preparaTion --- for mass arresTs

The Prelude To World War II - The Spanish Civil War ... Today's --- America

The Prelude to World War II: The Spanish Civil War and Today's America

Did Jerry Nadler Poop His Pants?

Ilhan Omar connected Ballot Harvester in cash-for-ballots scheme: "Car is full" of absentee ballots

Subway Calls Cops Over No Mask Customer

Biden campaign confirms newly surfaced viral video of Joe Biden calling US troops 'stupid bastards,' says remarks were made in jest

John Legend Threatens To ‘Leave Country’ If Trump Reelected – After Buying $17.5 Million LA Mansion This Month

Low Biden attendance explained

Trump Haters Gaslighting Trump Supporters

Ron Paul Hospitalized After Medical Episode on Livestream

BREAKING: Burisma Investigation to be Released within 24 Hours — FINDS BIDEN FAMILY GUILTY OF LIKELY CRIMINAL ACTIONS (VIDEO)

zoTzoTzoTzoTzoTzoT ... zoTzoTzoTzoTzoTzoT --- zoTzoTzoTzoTzoTzoT

The Morning Briefing: Let's Give the Lefty Soy Boy Rioters the War in the Streets They Think They Want

Innocent Until Proven Trump Supporter


Status: Not Logged In; Sign In

U.S. Constitution
See other U.S. Constitution Articles

Title: Oregon Supreme Court Shuts Down Pretextual Traffic Stops; Says Cops Can't Ask Questions Unrelated To The Violation
Source: Tech Dirt
URL Source: https://www.techdirt.com/articles/2 ... s-unrelated-to-violation.shtml
Published: Dec 2, 2019
Author: Tim Cushing
Post Date: 2019-12-02 22:58:58 by Deckard
Keywords: None
Views: 607
Comments: 4

from the expecting-a-large-downturn-in-asset-forfeiture-funds dept

The Supreme Court's Rodriguez decision took a lot of fishing line away from law enforcement officers. Thousands of traffic statutes are violated every day. (Or not broken, in some cases.) All an officer needed to do was follow someone around until they violated one and then turn the traffic stop into a Q&A session with an eye on obtaining consent to search drivers, passengers, and vehicles.

The Supreme Court said pretextual stops are fine, but once the objective has been achieved (citation or warning given), the stop is over. No further questions. No calling for a drug dog. Nothing. Some officers took this to mean they could violate the Fourth Amendment as long as they did it quickly enough. Some courts allowed them to get away with speedy Constitutional violations. But, more often than not, courts interpreting the Supreme Court decision have read it as saying there's no extending a stop without reasonable suspicion to do so. There's some gray area, but not as much as officers had hoped.

The Supreme Court of Oregon has almost completely revoked law enforcement's fishing license. (via Reason) Its decision [PDF] applying the state's Constitution is more restrictive than the Rodriguez decision. There's no fishing, period. The court says even asking questions unrelated to the objective of the traffic stop is impermissible unless officers see, hear, or smell something that gives them reasonable suspicion to move past the objective of the stop.

The state argued that "unavoidable lulls" -- the moments between the officer's request for license and registration and the driver's production of these documents -- could be filled with all sorts of unrelated questions. The officer in this case testified that he fired off a salvo of questions at the beginning of every traffic stop.

“Every time I walk up, I ask him, I [say], ‘hey, Officer Faulkner, Beaverton Police Department,’ do my contact with them. ‘Do you have anything illegal in the car? Would you consent to a search for guns, drugs, knives, bombs, illegal documents, or anything else that you’re not allowed to possess?’”

This attempt to make it appear as though the questions the officer asked in this case were "normal" actually showed the officer routinely asked questions that had nothing to do with the traffic stops he was performing. This isn't exactly the message Officer Faulkner meant to send, but it's the message the Oregon Supreme Court received.

As the court notes, this barrage of questions directed at a driver violates the state's Constitution. Unlike a pedestrian encounter, drivers are not free to leave or ignore questions.

“[I]n contrast to a person on the street, who may unilaterally end an officer-citizen encounter at any time, the reality is that a motorist stopped for a traffic infraction is legally obligated to stop at an officer’s direction and to interact with the officer, and therefore is not free unilaterally to end the encounter and leave whenever he or she chooses.”

Since none of this is consensual, attempting to obtain consent for a vehicle search before even addressing the objective of the traffic stop implicates state-given protections against unreasonable searches and seizures. The court says investigations should be limited to the alleged crime at hand. A traffic stop is not the initial step in a deeper investigation of other potential criminal activity.

Whether an officer is investigating criminal or unlawful noncriminal activity, the officer’s authority to stop an individual—based on reasonable suspicion of criminal activity or on probable cause of unlawful noncriminal activity— is founded on the assumption that temporary, investigative stops to investigate particular conduct are permitted for that particular purpose only. It therefore follows that limits apply to an officer’s ability, during such a stop, to use that stop for other purposes.

The court notes that ruling otherwise would… well, it would make Oregon no different from the rest of the nation where these kinds of fishing expeditions are performed on the regular.

A stop that is reasonable for a limited investigatory purpose is not necessarily reasonable for all purposes, and we see no reason to distinguish between the activities that law enforcement officers conduct during such a stop and the questions that they ask; both must be reasonably related to the purpose that permits the officer to stop an individual in the first place. If we were to hold otherwise, then an officer who lacks a warrant, probable cause, or even reasonable suspicion of criminal activity, could stop an individual for a minor traffic offense, and, during that stop, conduct a criminal investigation anyway, making meaningless the rule which requires an officer to have reasonable suspicion before stopping an individual to conduct a criminal investigation.

The court makes this finding even clearer later in the ruling, expressly forbidding law enforcement officers from asking drivers unrelated questions in hopes of stumbling onto a bigger, better criminal act. It also points out this has always been the case in Oregon under its Constitution.

By applying subject matter limitations to investigative activities and questioning, Article I, section 9, ensures that officers do not turn minor traffic violations into criminal investigations without a constitutional basis for doing so.

And this decision -- redrawing what was supposed to be a bright line governing questioning during traffic stops -- makes it clear Oregon cops can thank Officer Faulkner for ruining it for them.

[I]f there were evidence that, during the stop, Faulkner had learned facts giving rise to reasonable suspicion that defendant had engaged or was about to engage in criminal conduct, an expanded investigation could have been justified. But here, Faulkner did not testify to any particularized suspicion that defendant had weapons, controlled substances, or any other contraband in his vehicle. To the contrary, Faulkner testified that he asks such questions every time he makes a stop.

Shorter Officer Faulkner: "I always engage in unconstitutional behavior during traffic stops."

Not anymore. That's no longer an option.

The dissenting opinion worries officers won't know what to do with their mouths during "unavoidable lulls." The majority says it's not up to the state's Constitution to bend to the will of otherwise unoccupied cops.

The dissent is concerned about what an officer can do during a ten-minute wait other than conduct activities and make inquiries reasonably related to the purpose of the stop and reasonably necessary to effectuate it. 365 Or at 720 (Garrett, J., dissenting). We do not share that concern. If an officer develops reasonable suspicion that the stopped individual has engaged in illegal activity in addition to that for which the individual was stopped, then the officer may investigate that activity. Without such suspicion, an officer should limit investigative activities and inquires to matters that are, as statute requires, limited to the “immediate circumstances that arouse the officer’s suspicion” or that will not result in the discovery of suppressible evidence.

This is a wonderful decision. It's also an anomaly. Everywhere else in the nation, pretextual stops will continue unimpeded. Drivers will be asked tons of unrelated questions by cops who want to turn every failure to signal into a drug bust. Unfortunately, very few states have Constitutions that provide more protections for citizens than the US Constitution, so the Rodriguez decision will have to do for most of us.

Post Comment   Private Reply   Ignore Thread  


TopPage UpFull ThreadPage DownBottom/Latest

Begin Trace Mode for Comment # 2.

#2. To: Deckard (#0)

Oregon is suck dire trouble that this new rule is just another worthless stab by Democrats to make citizens think they're accomplishing something.

IbJensen  posted on  2019-12-03   8:32:20 ET  Reply   Untrace   Trace   Private Reply  


Replies to Comment # 2.

        There are no replies to Comment # 2.


End Trace Mode for Comment # 2.

TopPage UpFull ThreadPage DownBottom/Latest

[Home]  [Headlines]  [Latest Articles]  [Latest Comments]  [Post]  [Mail]  [Sign-in]  [Setup]  [Help]  [Register] 

Please report web page problems, questions and comments to webmaster@libertysflame.com