06-20-2016, 05:39 PM
(06-20-2016, 04:07 PM)Bronco80 Wrote: Meanwhile, the main reason why I came to this thread was to point out this terrible Fourth Amendment decision, yet praise Sotomayor for bluntly calling out this terrible opinion.
http://www.supremecourt.gov/opinions/15p...3_83i7.pdf
I would have ruled against Strieff. The right of the police to search an arrested suspect is a reasonable assumption. Grounds for arrest include a warrant for arrest sworn before a judge and approved , an arrest in flagrante delicto, or under suspicious circumstances. Going into a place of suspected drug activity without obvious other cause would constitute suspicious activity.
Had Strief not presented a driver's license he would have been arrested. Errors by arresting officers can be made in good faith thus nullifying an arrest and conviction, but there seems to be no obvious error as I see it.
The ideal subject of totalitarian rule is not the convinced Nazi or the dedicated Communist but instead the people for whom the distinction between fact and fiction, true and false, no longer exists -- Hannah Arendt.