Comments by "craxd1" (@craxd1) on "Supreme Court Gives Police Blank Check" video.

  1. It would seem that many do not like the idea, that the police have a right to search you, after they make an arrest, when they most certainly do have that right. The 4th amendment does not protect one from that. The man walked out of his home, and was arrested for the outstanding warrant. The 4th amendment does not protect one from other charges being brought, after they do a legal bodily search during an arrest. They must think that the 4th amendment protects one from bodily searches, no matter them being arrested. This must be kiddies posting these comments, because anyone of age ought to know better.
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  2. Jason G The legality is that they arrested and searched the man, after finding out he had a warrant on him, not before. If the LEO had searched him before finding the warrant, it would have been thrown out. Law Enforcement has always questioned suspects, without making an arrest, even without ones rights being read, as what is said is inadmissible in court, but they can still ask one questions. In my opinion, the officer had cause to question him, because he came out of a house, that had been reported earlier, as having illegal drug activity taking place inside, and the officer was on a stakeout of that home. He didn't arrest or search Strieff, until it was found that he had a warrant by running his name. A name and ID that Strieff willingly gave the LEO. He would have walked, had he not had a warrant out on him, and he could have refused to give the LEO an answer. Utah agreed that it would have been illegal to arrest the man for just stopping him for questioning. Strieff's attorney asked the court to suppress the narcotics evidence found, after they made an arrest on the outstanding warrant, and then did a search, not before. Strieff's attorney cited Terry v. Ohio, but in that case, a Cleveland LEO frisked a man, and found a gun, without making an arrest on an outstanding warrant, and just because he looked suspicious. Thus, it was against his 4th amendment rights. The two cases are totally different. NY Times: "The case, Utah v. Strieff, started when the police in Salt Lake City got an anonymous tip of drug activity at a house. An officer monitoring the house became suspicious at the number of people he saw entering and leaving. When one of those people, Edward Strieff, left to walk to a nearby convenience store, the officer stopped him and asked for his identification. A routine check revealed that Mr. Strieff had an outstanding “small traffic warrant.” The officer arrested him based on that earlier warrant, searched him and found drugs in his pockets. The State of Utah agreed that the initial stop was illegal, because it was not based on reasonable, individual suspicion that Mr. Strieff was doing anything wrong. Instead, the state argued that the discovery of the valid warrant — after the illegal stop — got around the Fourth amendment violation." Here, the media is quoting Justice Sotomayor's opinions, and not that of all the Justices. She wished to throw out everything, because a LEO stopped the man to question him, even though he was arrested and searched over finding an outstanding warrant. The LEO had no intention of arresting the man over the stop, until he saw that there was a warrant against the man. If he had arrested the man, just over the stop, it would have been illegal. Decision: "Holding: When there was no flagrant police misconduct and a police officer discovered a valid, pre-existing, and untainted warrant for an individual’s arrest, evidence seized pursuant to that arrest is admissible even when the police officer’s stop of the individual was unconstitutional, because the discovery of the warrant attenuated the connection between the stop and the evidence." http://www.scotusblog.com/case-files/cases/utah-v-strieff/ http://www.scotusblog.com/2016/02/argument-preview-utah-v-strieff-and-the-future-of-the-exclusionary-rule/ http://www.nytimes.com/2016/06/21/opinion/another-hit-to-the-fourth-amendment.html
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