Quote:
Originally Posted by Unique_Carpenter
2 dogs
'LL and I are both correct as it pertains to quoting court cases.
The facts of what's going on with any situation does need to match prior case details on the critical facts.
The newsies are frequently amusing as they simply walk off the end off the dock on that.
The Supremes case that was quoted had the already arrested for drunk driving folks subject to implied consent law.
Quite different situation with this nurse case event. And the local pd has caved on exactly that issue by modifying policies and firing the cop.
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A major correction ... the case I quoted was 3 cases combined ... a little (apparently) UNknown fact or too often overlooked when "interpreting" cases and applying the "holdings" to a future fact situation.
For instance: Terry vs. Ohio ... somewhat related ... involving the 4th amendment ... and carving an "exception" .... it is more often than not misinterpreted .. even by citing courts ... and is called the "stop and frisk" case as you know, which some people (and courts) have interpreted as the officer having the authority to STOP SOMEONE AND FRISK THEM. That's not what Terry says. And the way "we" know is the case published immediately following Terry in the same volume is New York vs. Sibron, which is two cases combined, and in Sibron the Court explains Terry!!!!
Now honestly, how many have heard and/or read "Sibron"??? (As all those run to the books so they can lie about it!!!)
But officers, who are taught what they are told Terry says, actually believe they can "jack people up" on the street by stopping them and frisking them ... they do, but it's not following Terry's instructions. It's following a misinterpretation, which has morphed over the years in too many cases. Recently Justice Thomas pointed out that fact! Not citing Sibron, but simply critically exploring the language of Terry.
So for the stupid, ignorant bullshitter WTF who struggles to wipe his ass with both hands when it comes to all things "criminal" and his nefarious name-calling ... really needs to take a seat on the bench and fart there out of the way.
Oh, the local pd "caved" in, but that means little in the way of concluding who was right or wrong. That can mean they don't want to pay attorney fees to defend the department or mitigate their exposure because of the pressure ... settling a case doesn't always mean guilt any more than a plea bargain agreed upon means the defendant was guilty of the indictment or information against him.