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Yes, we are talking past each other. I never claimed a bad lane change is probable cause for a search. But searches are not the only thing the fourth amendmen
by wnoise 9y ago
Yes, we are talking past each other. I never claimed a bad lane change is probable cause for a search. But searches are not the only thing the fourth amendment is supposed to protect against.
I don't think talking about roadside detention is moving the goal posts at all -- it's an abrogation of the fourth amendment allowed within 100 miles of the border, and has knock-on effects that make searching easier.
I agree that the way the ACLU characterizes the rulings are wrong, and said as much in a parenthetical. But that's not the same as "thus we shouldn't be worried about the fourth amendment being ignored within 100 miles of the border".
- Whitestrake 9y ago> I never claimed a bad lane change is probable cause for a search. Perhaps not in so many words... tptacek states that a bad lane change can be given as an excuse for a stop, but not a search, because it is not probable cause. In the following comment, you reject that claim: > Bad lane change is explicitly probable cause -- it's direct witnessing of a traffic code violation. A reasonable interpretation of your comment would be an argument that a bad lane change is probable cause for a search. It makes no sense to differentiate "probable cause for a stop", because there is either no such test, or it should otherwise be the same standard as for a search. On the other hand, I don't think tptacek has tried to give any advice as to whether a person should be worried about this or not.