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xocetaceans

(4,022 posts)
29. I see what you are saying.
Tue May 10, 2022, 04:02 PM
May 2022

Yes, the officer did state that he thought he smelled marijuana. There was no pot. That's quite correct.

Your point about the Fourth Amendment is important, too. It seems, though, that there is a legally perceived/created
loophole around that - if one considers the document from Massachusetts which I found online. If that document's
presented analysis is accurate, the reality of the situation seems to be that there is no shield by the Fourth Amendment in a case such as this. (I'm not arguing that this situation is right - only that it seems to exist in this way.)

So, all that a police officer needs to do is form the opinion that he is suspicious (or, worse yet, in fear as happens in
other more lethally ending cases, but that's another serious problem).

What guard is there against the formation of such an opinion? I hesitate to call his statement a lie here, since I cannot
guess his intent. (It could easily be that the several others who claimed that they also thought that the student may
have had pot on him were engaging in some form of group dynamics. Or he may have honestly believed his statement. I don't know.) Such intent is not necessarily automatic, but it is easy to imagine an officer who has decided such opinions are a carte blanche for his actions.

You're right that that there should be a line and that that line should be related to the interpretation of the Fourth Amendment, but what can one do to handle this sort of case? On some level, there needs to be a proper (non-zero) degree of enforcement against drugs in schools, and yet it's not desirable to violate people's rights or throw them around as was done.

It may sound flippant, but it is not intended as such. If verbally or physically accosted by a police officer, perhaps the advice that is given on how to survive a bear attack is near to what should be done: play dead (i.e., be compliant, but say nothing). It's not an optimal situation, but it might prevent physical (and possibly lethal) violence. After surviving if wronged, perhaps remedies in the court can be sought. That is happening here.

Anyway, I wanted to try to write fairer response to you, because I don't think you're wrong in the larger sense of things. It does seem, though, that the legal system has significantly reduced the meaning of the Fourth Amendment from what you see it as. As I said, I don't think that you're wrong about the Fourth Amendment's importance.

Unfortunately, in light of a recent SCOTUS draft opinion, minimizing rights just seems to be what we do here.


Recommendations

0 members have recommended this reply (displayed in chronological order):

we are a long way from Sheriff Taylor (Andy Griffith). lapfog_1 May 2022 #1
Oh no. When I went to school big male teachers would ram kids into lockers. LakeArenal May 2022 #2
Doesn't make it right Jilly_in_VA May 2022 #13
Not saying it's right. Saying there's bullies in every profession. LakeArenal May 2022 #16
This message was self-deleted by its author Chin music May 2022 #3
Are we being sarcastic? Miguelito Loveless May 2022 #4
This message was self-deleted by its author Chin music May 2022 #5
IMO this was excessive force by a cop, and a pitiful adult who instead of... brush May 2022 #6
This message was self-deleted by its author Chin music May 2022 #8
If noting that the kid's 4th Amendment rights were being violated by the cop... brush May 2022 #10
This message was self-deleted by its author Chin music May 2022 #11
Yes, there were no drugs found. (See post #12.) xocetaceans May 2022 #14
FOURTH AMENDMENT. The kid's right was violated and he sensed it even if he... brush May 2022 #15
You may be correct. However, this analysis seems to oppose your argument... xocetaceans May 2022 #17
The state of Maine is it? And parents should not have been.. brush May 2022 #18
Ok, I get frustration... xocetaceans May 2022 #19
The officer lied that he smelled pot coming from... brush May 2022 #20
I see what you are saying. xocetaceans May 2022 #29
No longer interested. The parents should've been called... brush May 2022 #30
Ok, I was just trying to acknowledge your position out of respect and not ignore you. xocetaceans May 2022 #31
This message was self-deleted by its author Chin music May 2022 #21
What are you going on about? The cop lied, there was... brush May 2022 #22
This message was self-deleted by its author Chin music May 2022 #23
It's not complicated. The cop lied, there was no pot... brush May 2022 #24
This message was self-deleted by its author Chin music May 2022 #25
Please, no one demonized all cops. The cop in the video... brush May 2022 #26
This message was self-deleted by its author Chin music May 2022 #27
I don't resort to insults. I just state the facts. brush May 2022 #28
In watching the video, the kid refused to be searched and decided to struggle against it. xocetaceans May 2022 #7
This message was self-deleted by its author Chin music May 2022 #9
See post 5. The cop was abusive and lied as no drugs were found. brush May 2022 #12
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