Erosion of freedom

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Thread: Erosion of freedom

  1. #1
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    Erosion of freedom

    An interesting parallel between the erosion of 4A protection and the prior-restraint on 2A agenda of the anti-RKBA forces -- e.g., get the courts out of the equation in order to reduce our freedom.
    http://balkin.blogspot.com/2010/09/c...-policing.html

    SNIP
    The standard Fourth Amendment framework assumes a court-centric criminal
    justice system whose role is to resolve individual disputes between the state
    and individual defendants. It relies on judicial authorization of individual
    searches and after-the-fact judicial exclusion of evidence to limit police
    illegality. This case by case framework is an inadequate response to policing
    as an instrument of pervasive social control.
    SNIP
    To compound the problem, much aggressive maintenance order policing is not
    aimed toward generating arrests. In each of the last several years, New York
    City police have stopped and frisked well over half a million people, more
    than five times the number of felony arrests, and more than double the number
    of misdemeanor arrests. The program is aimed at getting weapons off the street
    (though whether it succeeds in doing so is hotly contested), at improving
    quality of life, or, seen in another light, at routine harassment and social
    control. When illegal police behavior is not aimed toward obtaining a
    conviction, or when there is no real possibility that a court will ever review
    the constitutional basis of a stop and frisk or an arrest, exclusion becomes
    an irrelevant remedy.
    SNIP
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    Cops better have a darn good reason to stop and frisk me. Which I can assure you they don't. I'd be calling a lawyer if they arrested and frisked me just because they wanted to.
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    The exclusionary rule has never been adequate to protect 4th rights. Civil remedies are also inadequate. Criminalizing abusive violations and holding people to account is what is needed.

    E.g., there is an interesting little TSA search abuse case from Phila. which is being handled as a civil matter. That's too soft for what occurred.

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