DrickQ :
I remember a time when we had no police, it was just the sheriff's (local/county) they upheld the local/county laws and then above that the Marshall's (on a federal level) which upheld the constitutional laws above the county,state, and local laws... then somewhere in the 1800 - 1900s there was a created military force called the police which since laws was passed as such. Terry v. Ohio (1968)
This case created “reasonable suspicion”, allowing officers to stop and frisk without probable cause or a warrant. The Fourth Amendment’s text contains no such standard. Critics argue this decision invented a new constitutional threshold solely to legalize routine police behavior that would otherwise be unconstitutional.
Whren v. United States (1996)
The Court ruled that pretextual traffic stops are constitutional, meaning officers may stop someone for a minor violation while actually pursuing unrelated suspicions. This effectively nullified Fourth Amendment intent protections, allowing arbitrary enforcement so long as any technical violation exists.
Illinois v. Wardlow (2000)
The Court held that running from police can itself create reasonable suspicion. Critics argue this criminalizes avoidance of government agents and reverses the presumption of innocence, expanding police authority without constitutional text.
Navarette v. California (2014)
Allowed a traffic stop based on an anonymous tip, even without direct officer observation. This weakened the Fourth Amendment’s requirement for reliable, particularized evidence, moving policing further from warrant-based enforcement.
Atwater v. City of Lago Vista (2001)
The Court ruled police may make a full custodial arrest for minor, non-jailable offenses. Critics cite this as proof that police discretion now exceeds proportional constitutional limits, enabling detention far beyond what the offense justifies.
Utah v. Strieff (2016)
Established the “attenuation doctrine”, allowing evidence from an illegal stop to be admitted if an outstanding warrant is later found. This effectively rewards unconstitutional stops, undermining the exclusionary rule meant to enforce the Fourth Amendment. Just to name a few.
2025-12-14 01:23:07