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This was at a time that England had more than 200 crimes where the punishment was death so a wrongful conviction had severe consequences. I don’t think Blackstone was referring to stop and frisks as the penalty for stopping and frisking an innocent person does not have the same impact as executing an innocent person. |
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We're not going to agree on this. Maybe we call it a glass 12% full and 88% empty situation. My rights are protected by the same government that protects the rights of black people in the city. Those not committing crimes in the city are no less innocent, no less deserving of freedom than I am. If the government can find exceptions for taking away their rights today then there is nothing stopping the government from taking away my rights tomorrow - nothing. |
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How many innocent black people should be killed because you don’t want to stop and frisk? Is it better that 10 innocent people be stopped and frisked to prevent an innocent person from being killed? And didn’t the government take away our rights during Covid? They closed churches but allowed liquor stores and Home Depot to remain open and they also allowed huge crowds to protest in the summer of 2020. |
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Most violent crimes are committed by men. So let's just round up all the men, search and frisk, get search warrants to check their houses, take away their guns since clearly men are violent criminals whose purpose in life is to create problems for everyone else.
Also, MOST violent crimes committed in Kentucky, are committed by citizens of Kentucky. So let's just put walls up around Kentucky and let them Darwin themselves out of existence. Then we can take the walls down and more civilized people can move in and take over. Furthermore, most black violent criminals do -not- have the name Jim-bob. So let's just mandate that all black women must from now on name their sons Jim-bob. That will surely solve the problem. |
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If the error rate of "acting suspiciously" is 88% then someone needs retraining on how to detect suspicious activity. I don't know what an acceptable error rate is but it ain't 88%! Your characterization of it being just an inconvenience is meaningless until it is YOU who is stopped daily just for walking down the street. Perspectives change significantly when it is the observer who is "inconvenienced." |
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Something tells me that there would be less objections if they targeted Wall Street investment bankers in 3 piece suits to search for cocaine |
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Target criminals all you like. Not every single brown person in the city is or was a criminal yet they are who were targeted by stop and frisk. |
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I feel I completely understand what your position is. I don't share it and I doubt I ever will. |
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Too much crime? Toughen up policing. Tough policing results in abuses? Prosecute the police. Prosecute the police for tough policing? Work slowdowns by the police. Less policing? Crime increases. Lather, rinse, repeat. What we need are ways to get tough on crime that don't result in high levels of collateral damage. And, we need the community to recognize that the police are trying to make a difference without harming the non-criminals. Today we can't have those nice things. |
I have to agree with the folks that I ususally spend my time disagreeing with. Just like I don't think that law abiding citizens should have their 2nd amendment rights infringed because of the horrible behavior of criminals, I do not believe that law abiding citizens should have their 4th amendment rights violated because of the horrible behavior of criminal. All we have to do is start prosecuting the criminals that are apprehended. If we prosecute shoplifting and all of the other smaller crimes instead of ignoring them, I think you will be amazed at how much all crime will go down. Criminals commit crimes. Prosecute them instead of excusing them and things will get better.
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Interesting study (and podcast) on whether the police discriminate.
Proof That Law Enforcement Does Not Discriminate Against Blacks | Power Line |
Stop & Frisk ??? Let's call it what it really was. Stop and talk to. Then FRISK if this momentary interview seemed / felt suspicious. No self respecting cop would even consider frisking every person stopped. The local street patrol officer knew his neighborhood and could spot the evil doers and suspicious persons in a heartbeat. A quick sudden interview will most often trip up those with nefarious intentions and lead to further inquiry and then and only then to the dreaded bad word " The Frisk". Stopping this purposeful practice surely led us down this rabbit hole we're poking around in now and sadly we'll never get a do over. So we're stuck with what we got
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So a police officer sees something/someone that appears suspicious to him and stops him/her for a moment to talk to them (and get a better idea if his "gut" feeling is warranted). For his own safety, he does a "Frisk" NOT a search. In my opinion, that's reasonable.
How many folks on here travel via airports and have to walk through an Xray machine? How many put their belongings on a belt, including their shoes so that they can be "searched" prior to flying? Some would say that this is voluntary, since they do not have to fly. Really? Is walking down the street not voluntary? How about walking into a hospital where you must walk through a metal detector? How about federal buildings? Are these searches violations of the 4th Amendment? How about random traffic stops, where drivers are stopped by random road blocks and the police are searching for DUI violations? Or drugs? Do you wish to live safely in your homes or do you want to or need to install special security systems in your home? Would you feel safer in your home if a police officer stopped someone taking a walk at 2am in your neighborhood? Perhaps you would wonder why he didn't stop the dog walker at the same time period? Profiling is something done all over the world. Profiling has been proven to be a successful tool in law enforcement. Like it or not, it works for the majority of decent folks. As long as there are criminal deviants in society, there will be limitations upon one's liberties and freedoms. |
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As to your other points, entering an airport terminal, a hospital building, or a government building are all situations where you are entering specially protected areas. You don't need to enter those areas, you chose to enter those areas. You aren't simply going about your life, you are accessing some non-public space. While I cringe every time I go through those security checkpoints, I can't argue that they violate my rights. Walking down the street, just existing in the world, is not accessing some non-public space or entering a specially protected area. Walking down the street is a case of "if I'm not doing anything wrong then leave me alone!" This doesn't mean if I have the same skin tone as the guy you expect might possibly do something wrong sometime in the future. It doesn't mean I look like someone who might be up to no good. If I'm not doing something wrong then leave me alone. Yes, I am against any and all BS random traffic stops. If I'm not doing anything wrong then leave me alone. I don't care what you think, expect, or hope I might be doing, if I'm not doing anything wrong then leave me alone. No, I don't want you to stop the dog walker but I also don't want you to stop me just because you find my insomnia odd. If I'm not doing anything wrong then leave me alone. A frisk IS a search by any definition of the word. The only reason to perform a frisk is to determine if someone is carrying something. It IS a search of the person. |
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Sometimes we have to live with certain curbed or infringed liberties. That's life. |
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You won't find "suspicious manner" anywhere in the Constitution of the United States - it is not grounds for the Govt to take away anyone's rights. In particular, you should be looking at the 4th Amendment. That amendment mentions probable cause, not suspicious manner. And while it doesn't characterize "unreasonable," I can't believe a policy with an 88% error rate could ever be acceptable. As for the rest, I have no desire to rehash the last 106 posts. Post #93 seems to sum things up pretty well. |
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Do fewer police stops increase homicides? |
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This is from archives.gov. It guarantees civil rights and liberties to the individual—like freedom of speech, press, and religion. |
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"Congress shall make no law..." "...the right of the people...shall not be infringed." "No soldier...shall be quartered...without the consent of the Owner..." "The right of the people to be secure...shall not be violated..." "No person shall be held to answer...." "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people." "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." The Constitution does not say that the Govt is all powerful but here are some rights we will grant to the people. The Constitution says the rights belong to the people unless stated otherwise. It lists some specific examples of what Govt cannot do but then makes it clear that the list is not complete. |
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I have not taken the time to look at the studies and draw a conclusion. I am not against stopping criminals (though I appreciate being allowed to drive 5mph over the limit) but the stops and the actions after have to be legal and not violate the rights of those who were stopped. |
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Rights that protect the innocent from incarceration, cruel punishment, Miranda rights----fine. Preventing the police from using their professional instincts to INVESTIGATE a particular situation---not so much. There was a news show with a segment about casino security officers in Vegas. They asked one of them what he looks for. The answer was "I don't know, but I'll know it when I see it. Some things are just out of place." And this was just protecting the profits of a casino. Shouldn't we allow our professional law enforcement officers the same latitude to save lives. I just can't balance the inconvenience of being stopped and asked a few questions with injury and death from dangerous criminals. |
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I don't care if 99% of the stops yield nothing---that 1% will probably prevent a violent crime. And that's what some people don't get----the balance is serious injury or death versus "Wah, wah, wah, the police only stopped me because I'm a purple Norwegian" Get over it. |
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It might impact various ethnic groups differently. However, a recent study in Minnesota found that blacks represent nine times more criminal offenders overall and 10 times more serious offenders than whites. So if you are looking for suspects, I would expect that you would focus on certain groups and not focus on other groups. It is easy for people who live in the Villages to support ending stop, search, and frisk. It won't impact our lives so we get the bonus of virtue signaling without bearing the consequences of our policies. However, I suggest that you also show some concern for poor people living in high crime neighborhoods. The elderly grandmother who is afraid to go out during the day; the kids who are afraid to go to the park; the husband who is afraid to walk in his neighborhood at night. A recent study found that the majority of residents in low-income “fragile communities” — including both urban and rural areas — want more police presence, not less. In the more than a dozen low-income urban areas surveyed, 53% of residents want more police presence while 41% want the same — only 6% want less. I think we know who the 6% are. I agree that it is a balancing act. Does the inconvenience of an innocent person being stopped for a few minutes outweigh the deaths of many innocent people? |
Correlation does not equal causation. While yes, you can "prove a negative," you can't prove a non-existing thing without a doubt.
In other words - An increase in homicides can't be - without a doubt - be attributed to fewer police stops. The two might be happening concurrently, but one can't be attributed to the other. In fact, it could be just the opposite: maybe because there are more homicides, the police have less time and fewer resources to do stops. You can't prove that either, without a doubt. But it is evident of the logical fallacy of creating causation based only on correlation. |
The 4th Amend. says ".....unreasonable searches and seizures..." Maybe you have a different definition of "unreasonable" than I do. I consider a police officer frisking someone because they fit within his/her suspicious nature at the time of night or day and the place that person is in the area to be reasonable. If a young man is on his bike, delivering a pizza at 5pm in a neighborhood, I would not consider that "reasonable." However, if that same person was walking down the street at 3am in the same neighborhood, it might be "reasonable" to stop and question his intentions and identify him in case something untoward happens. In that case, the officer would be prudent in frisking said person for his own safety. That's my opinion. Now, if we deny that right to the police officers, then we would be limiting a police presence and h tying their hands behind their back at to their job when we are hoping that we are safe in our homes. Just because someone abuses a right does not mean that everyone should suffer that does not abuse their rights.
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Who votes for these disasters?? |
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