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WASHINGTON, Feb. 19— The Supreme Court ruled today that police officers may order passengers out of the cars they stop for routine traffic violations, even in the absence of any reason to suspect that the passenger has committed a crime or presents a threat to the officer's safety.
The 7-to-2 decision, adopting a position long advocated by police organizations, was an extension of a 1977 Supreme Court decision permitting police officers to order the driver out of the car in a routine traffic stop.
WASHINGTON -- A divided Supreme Court ruled Tuesday that police cannot detain drivers stopped for traffic violations in order to search for drugs without reasonable suspicion.
The 6-3 decision was a victory for privacy groups opposed to police searches and a defeat for the government and law enforcement officials.
"A traffic stop does not license police to pursue unrelated investigations that prolong detention of car and driver beyond the time it takes to complete the stop's traffic-centered mission," Justice Ruth Bader Ginsburg said. A dog sniff, she added, "lacks the same tie to roadway safety."
Police policies / guidelines are not laws.
Ironically enough the suspect was drug tested and marijuana was found in her system.
Terry vs Ohio - SCOTUS ruling on police frisking a suspect (A frisk is not a search). Scotus has since expanded a frisk to include the interior of a motor vehicle in some situations.
* - For Their Own Safety, Police Can Order People Out of Cars in Routine Stops, Court Rules
* - Stems from Maryland vs Wilson - Applies to Passengers.
originally posted by: windword
Why are they in place?
originally posted by: windword
Really? You're going there? Now I know you're getting desperate.
originally posted by: windword
WTF? A "Frisk" isn't a search? What is it? First base? A way to break the ice to get friendly with a suspect?
originally posted by: windword
Are you kidding me? Officer "I'll Light You Up" ordered Sandra Bland out of her car for HIS own safety? Please! Maybe the other poster is right, North Korea might be a place more appropriate for you and your ilk.
originally posted by: windword
Do you even read your own posts? What message are you trying to send?
originally posted by: windword
Like I said. and keep saying. There are LOTS of professionals, including police, who don't agree with you, and don't support that cop's behavior. If you support the actions of that cop, you are part of the problem. I hope something happens to make that real clear to you, real soon!
originally posted by: windword
You keep trying to pull people over, here online, and give them a warning or a citation for their opinions and attitudes, here on ATS, I can only imagine what you do and how you assert your ego on the job. I hope I never have to meet you in person and I pity the people that do!
originally posted by: windword
Sandra Bland is dead because of that POS cop's attitude. What you're trying to sell us is tyranny. You're trying to tell us that Sandra Bland deserved what she got, and so do we if we have any kind of attitude that might upset your delicate ego!
originally posted by: windword
the Maddness!
Are you a US citizen?
They define the standard operating procedures for the agency in question. They are designed to standardize daily operations and to ensure that Officer A's actions are consistent with Officers B's actions are consistent with Officer C's actions.
Not at all... If you are going to look at a situation they you must take into account ALL information, regardless if that information works in favor of or against any given argument.
A frisk is an external pat down of a suspect to ensure the individual does not have any weapons / contraband on their persons.
Your the one trying to make an argument without adequate knowledge and understanding of the law.
She is dead because she hung herself.
I've been doing this for over 10 years in 2 states now. I am pretty confident in what I am saying.
originally posted by: windword
Yes. Just did jury duty a couple of weeks ago.
originally posted by: windword
Yes. That's what I said. Even his superiors say he violated policy. Since the Supreme Court ruling is based on the reasonableness of every step of the stop, the department has rules that make sure that one cops personal roid rage isn't justification for a wrongful arrest.
originally posted by: windword
The only reason for bringing the "she had marijuana in her system" to the table is to smear the character of the victim. It had nothing to do with why she was stopped or why officer "I'll Light You Up" arrested her.
originally posted by: windword
So, it's a search, then. Don't pee on my leg and tell it's raining!
originally posted by: windword
I'm the one using my eyes and ears to determine the justification, from my perspective as an American citizen and motorist, of this officers actions, from beginning to end.
originally posted by: windword
I'm the one bring forward professional opinions from people in the know, who were hired to educate the public and whose opinions are respected enough for them to have their articles published in mainstream media publication and broadcasts, WHO DISAGREE WITH YOU!
originally posted by: windword
I don't believe that for one minute, either. But she never should have been arrested, in the first place.
originally posted by: windword
I'm not confident in your assessments one little bit. If we sat on the same jury, your 10 years wouldn't mean squat to me. I find it troubling that you're so inured to this cops actions after ten years. If we sat on the same jury, there is no way you could convince me that this cops actions were justified...ever!
No its not what you said. You are trying to argue he broke the law when he didn't. Policies / procedures / guidelines have nothing to do with the reasonableness standard.
I am still waiting for you to provide evidence he was having "roid rage".
What if she had drugs in her car? You can be charged with DWI/OUI with marijuana. Those tests require a person to complete tasks while multitasking as well as bodily reaction to stimuli etc.
No a frisk is not a search.
frisk (frĭsk)
v. frisked, frisk·ing, frisks
v.tr.
To search (a person) for something concealed, especially a weapon, by passing the hands quickly over clothes or through pockets.
Actually you aren't bringing any professional opinions.
Here's what other cops have to say about him:
Unless I heard wrong, she was threatened with arrest because she refused to get out of the car. Pennsylvania v Mimms says that I can legally order anyone who is pulled over for a traffic violation to step out of the car. There's no requirement to have probable cause, or reasonable suspicion, or any specific reason whatsoever, beyond the original reason for the stop. If I tell somebody to get out of the car and they refuse, that's grounds for an arrest.
That being said, it looks to me like he took it to the next level (ordering her out of the car) because she didn't do what he told her to do and put the cigarette out. If that's the case, I'm not really on board with it. If you've got the ticket, warning, whatever already written, get her to sign it and go on. It's not worth turning a simple traffic stop into a major ordeal just because somebody wouldn't put a cigarette out.
This Trooper will be crucified . Its just not worth doing all this cause she had a cigarette and your about to hand her a warning ticket.
I am not saying he caused this but he will be painted as a racist trooper who dragged her out of her car for contempt of Cop and caused her to kill herself. People will scream that she was not a threat to him and the uncaring cops and jail deputies "killed" her.
Siiiiiiiigggggghhhhhhhhhh.........
Dude, issue the f****n warning and move on. It's NOT WORTH IT. Prepare for the next # storm over THIS????? Our jobs aren't hard enough these days already....we're yankin females out of vehicles cause our ego got hurt cause she wouldn't tremble and put out the stupid cigarette????? Let's pose this question- suppose she had stepped out when he asked her to....THEN WHAT??? You were gonna scold her about the cigarette??? What was his plan?? What was going to be the purpose of pulling her out?
My opinion probably won't be popular on here but oh well. I'm as PRO-US Pro Police as anyone but I can recognize when we're being dumb. This was dumb. Even tho the death/suicide wasn't his fault-- The public perception and backlash is NOT worth it.
As a 20-year Army vet and former corrections officer, I can tell you that I have been in a lot of stressful confrontations. Never would I have conducted myself this way. That's not how you get results, unless that's exactly the results you're looking for.
[url=http://www.huffingtonpost.com/entry/cops-sandra-bland-video_55afd6d3e4b07af29d57291d?
The standard set by SCOTUS is what did the officer perceive when force was used.
What happens if you are proven wrong?
originally posted by: windword
Please. It's this kind of game playing that makes your opinion questionable.