Why You Should Assert Your Rights
The following was from a recent email communication from Steve Silverman of Flex Your Rights.
On Tuesday the Court held in Rodriguez v. U.S. that suspects cannot be detained beyond the scope of a routine traffic stop for the sole purpose of performing a dog sniff. The 6-3 ruling is indeed a big win for the 4th Amendment. But our old friend and former-Flex Associate Director Scott Morgan emailed me a note about why this ruling is particularly special.
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Great point, Scott! Anytime suspects fail to clearly invoke their 4th Amendment rights, their defense is confined to the more difficult path of articulating other procedural 4th Amendment violations. Because of the relative weakness of such arguments, courts will often find that police acted in “good faith” by executing a search they believed to be lawful. This sets bad precedent expanding the scope of legal police searches.
However, when citizens clearly assert their rights, they empower the courts to rule in their favor by setting a higher evidentiary standard necessary to override their refusal. In other words, there’s a greater likelihood for a 4th Amendment victory – which is likely to set good precedent limiting the scope of legal police searches.
I don’t know if Dennys Rodriguez has seen our videos, but when police asked him to wait around until a drug dog could sniff his vehicle, he correctly refused. If more citizens are empowered to do the same – we’ll get better cases, better rulings, and a stronger 4th Amendment.
Mass Mind Control
Do you think all conspiracies theories are nuts? We found an analysis of the physicological foundations of certain kinds of mind control facinating. Enough so that we independantly checked one the fundamental premises that you can be made not to see something that is right in front of you with a clinical psychologist. Got your interest?
Brief comments about the Common Law
Today, much of our current criminal law is derived from the common law, at least in relation to its broad features. Substantive and procedural criminal law under the common law was different from that practiced in continental Europe, where investigation and criminal law enforcement was conducted mostly in private (with use of the "rack"), having private trials and private punishments. Common law criminal procedure was different, with public trials and public imposition of punishment.
But, today's criminal procedures and punishments differ in many respects from that under the common law. Currently, a criminal defendant can appear in a modern American court and refuse to enter a plea to criminal charges, which results in the court entering a plea of not guilty. But at the common law, matters were different, the purpose being to force a plea. If a defendant refused to enter a plea under common law procedures, he was carried back to prison where he was forced onto the ground, and heavy metal objects were placed on his body in a process named "pressing". This was done in an effort to force a plea, but many unfortunate defendants were "pressed to death."
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