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.
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.
Propagandizing 70 percent of the population is not easy to do, and obviously requires active deceit or pervasive acquiescence by the country’s news media. As part of his discussion last night, Oliver showed my favorite MSNBC clip in order to illustrate the lack of substantive surveillance discussion in the media:
Recently CBS 60 Minutes' Charlie Rose interviewed Bashir al-Assad. President of Syria. If you watch the replay of that interview on their web site, Assad responding to a question about support for ISIS by the Syrian people by saying, “They have lost. Except the very ideological people who have Wahhabi state of mind and ideology.” Rose (or the editor) then moves on to an unrelated question about civilian casualties without follow up to the ideology of Wahhabism.
My immediate reaction while watching this is that Rose has no clue what Wahhabism is all about. Later Asad (not Rose) brings up the Saudis and Wahhabism again.
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