1823* * * Defining Crimes - Well, Sort Of! * * *
- Jan 10, 2014Defining Crimes - Well, Sort Of!From Robert Striffler - bob_striffler@...
Currently, the prevailing case law is that an infraction is not a "crime" (well, sort of, and some rulings are now making that fuzzy), so, of course there would be a need for reasonable suspicion to detain for investigative purposes for an infraction. Reasonable Suspicion has been defined as articulable and sometimes well founded Reasonable Suspicion of "criminal activity" just to detain and go beyond a consensual encounter. One needs not participate at all in a consensual encounter. What makes it fuzzy is that the prevailing case law also says a detention is lawful for an infraction stop. So is it a crime, or is it not?
This is just a new level of detention that went from "probable cause" of criminal activity to Terry v Ohio stops which even involve a pat down of a suspect on Reasonable suspicion alone. This detention was to be very short and sweet! This Terry Stop has now been determined by the courts to include not just a pat down for a dangerous weapon, but for "any contraband" as well! Contraband is suddenly including drugs, pot, paraphernalia to stolen credit cards, cell phones, ID's etc...
They can go thru all your belongings now, really checking for anything they deem as contraband (and the list keeps being added to) and cops are being determined to have sovereign immunity for doing so, even if you are found to be in no violation at all!
If that's the case, the courts and cops have Un-Constitutionally vague "Catch-all" laws like you can not Resist, obstruct or oppose and officer! Therefore there will always be probable cause to arrest, reasonable suspicion to detain, and you'll be found guilty of this type of catchall crime in the end, so it's even done away with habeas to challenge a false imprisonment!
.... And it's all being rubber-stamped by the courts. Still it requires reasonable suspicion. Well, sort of? Yet now laws are being passed at state levels known as "Stop and Identify" laws. This circumvents reasonable suspicion all together! All the above including non-criminal/ criminal infractions, which some courts have classified as infractions and outright called it a crime, while others swear it is not. HMMM?
In any case, an infraction is considered by the courts to be barely above a consensual encounter and cannot search you, detain you any longer then necessary, and up until present, don't even require someone to show an ID, except while operating a motor vehicle, buying cigarettes, booze, carrying a concealed weapon and a host of others. HMMM again?
I guess my point is this....so much for the 4th amendment! Are terrorists really causing all this? Yes, just not the foreign kind! The other point is, what's the definition of a consensual encounter, if there is such a thing anymore? Maybe Stop and Identify isn't the only thing this free country is seeking. Maybe it's compliance on demand by the government from its citizens!
If the courts are obviously going to continue making excuses to go around your Fourth Amendment Rights, and in so doing, make it far too hard for a citizen to come up with excuses as to why they shouldn't be intruded upon by the government agents acting under color of law, then the Constitution is as good as toilet paper! Well, sort of!
And you have only one choice left - learn to accept it! And without finally realizing this, you'll continue to beat your head against the wall in every fashion, except sort of like the fashion our founding fathers used! You are playing the game on a monopoly board owned by the real terrorists, and these terrorists have thrown away the rule book! Or actually, just like the other two legislative branches of government, and the media, the minions of the judiciary are puppets owned by the real terrorists, the elite globalists pigs! The world, it's resources, and the people's sovereign immunity will be theirs! If you don't like it, prison camps will be your world, or you will fight it!
This email is free from viruses and malware because avast! Antivirus protection is active.