cops don 't know the law

But I also think that, in a heavily armed and violent society, any encounter between police and the public is fraught with tension and ambiguity, and can easily go wrong. TheAtlantic.com Copyright (c) 2020 by The Atlantic Monthly Group. Dr. Barnes’ attorney argued the longstanding precedent set in should permit the suppression of evidence. The question presented is whether the good faith exception to the exclusionary rule applies under these circumstances.”In other words, the doctor believed erroneous information allowed an unjustified search, with evidence then obtained illegally — and thus, an illegal, or at least, unjustifiable foundation for a case against him. “Dr. Plainly, police can stop and search you despite ignorance of the law. Claire Bernish began writing as an independent, investigative journalist in 2015, with works published and republished around the world. Just so, courts are in business to instruct the state about lines it should not cross. Share this - copied. Law enforcement officer now describes the most laughable oxymoron. I don’t know whether Chief Justice John Roberts has ever had a pistol pointed at him by a police officer. Court Rules Cops Don’t Need to Know the Laws they Enforce — THEIR Ignorance Can Be Used Against YOU. If they had, it would have been terrible for me, but I have no doubt it would have been a “good shoot.”What happened was this: After 24 hours of flight delays, I staggered back into my house in Eugene, Oregon, at about 2:30 am. They hammered on the door, announced “Eugene Police!” several times, and finally entered. Police Encounters - Police just don't know the law - YouTube But it must also have been terrifying for them: After loudly announcing themselves, they had moved into what might be a crime in progress to find a man walking around in the half-darkness.Fortunately, I was too tired to be jumpy or loud. The Court’s new standard, she wrote, “will prove murky in application.”More ambiguity in the law, of course, means more ambiguous police stops. I think that most police genuinely do not want to use deadly force. Not one to hold back, Claire’s particular areas of interest include U.S. foreign policy, analysis of international affairs, and everything pertaining to transparency and thwarting censorship. To keep up with the latest uncensored news, follow her on Court Rules Cops Don’t Need to Know the Laws they Enforce — THEIR Ignorance Can Be Used Against YOUPolice are no longer required to even give the appearance of an understanding of the laws they’re tasked with enforcing, thanks to a recent court decision surpassing even the veritable green light previously granted in “police officer’s reasonable mistake of law gives rise to reasonable suspicion that justifies a traffic stop under the Fourth Amendment.” A motorist’s broken tail light caused an officer to make a traffic stop — during which evidence of a separate violation of the law was discovered in the vehicle. Justice Sonia Sotomayor, in a solo dissent, protested that the decision “means further eroding the Fourth Amendment’s protection of civil liberties in a context where that protection has already been worn down.” She pointed out that “[g]iving officers license to effect seizures so long as they can attach to their reasonable view of the facts some reasonable legal interpretation (or misinterpretation) that suggests a law has been violated significantly expands [their] authority.” And setting out a standard that permits stops based on “reasonable” errors but not on “unreasonable ones,” she argued, further confuses the world of criminal procedure. (Eugene at that time had a serious and violent burglary problem, fueled by rampant meth use.)

“The question before the Court in Franks was whether a criminal defendant ‘ever ha[s] the right … to challenge the truthfulness of factual statements made in an affidavit supporting the warrant?’ Dr. Barnes has not identified any cases extending Franks to misstatements of law. However, the Supreme Court ruled the officer’s ignorance of the law essentially didn’t matter — effectively allowing police around the country the ability to make stops if they ‘reasonably’ believe the cause for the stop is legal.

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