David,
I agree that the real answer is to repeal drug laws (and all the other
laws against victimless "crimes"). An arrest *should* mean that you are
not considered guilty, but in practice the police treat arrestees as if
they *are* guilty.
Until these things are changed, I am in favor of limiting the power of
the police as much as possible. Even if it means effectively tying
their hands behind their backs (which I don't think a different ruling
in this case would have done).
As long as they can arrest people for all sorts of phony reasons, and
routinely deny due process to those arrested, it is in our interest for
it to be as difficult as possible to make an arrest that will hold up
in court. Yes, this will mean some people who should be arrested won't
be, but better that than the reverse.
The more obvious it becomes that the police are ineffectual in
stopping violent crime or getting violent criminals off the streets,
the more people will be motivated to take responsibility for their own
protection, and that will do much more to reduce real crime than
empowering the police at the expense of our constitutional rights ever
will.
Yours in liberty,
<<< Starchild >>>
Any law or step designed to take away any facit of
any civil liberty in the name of the war on crime
or the war on drugs is a loss of civil liberties and
who knows where that will stop?Ron Getty
Ron - As a former victim of police brutality and
wrongful arrest (I was driving in the 'wrong'
neigborhood at 3am, 3 blocks from my home), I can
certainly relate to this issue.On the other hand, I don't see what is so earth
shattering about this ruling. As it stands now,
probable cause is so subjective on behalf of the
arresting officer, one can be arrested for not wearing
a seatbelt, jaywalking or a litany of other minor
offensives we all commit every day.I think the real answer here is to repeal drug laws,
not to expect police to witness someone holding a
smoking gun before they can make an arrest.David
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