Friday, May 23, 2008

"Weird behavior" no cause for pat-downs

At least the state of Washington still has a Constitution (to some degree, at least).

The Washington Supreme Court has unanimously ruled that "weird behavior" (to use the phrase used in news accounts) is not a justifiable cause for police to search a person. This decision is seen as a sign of the Washington Constitution's generous protections of the right to privacy.

As if the U.S. Constitution doesn't also protect the right to privacy? Silly me. I used to think it did. The state of Washington supposedly offers stronger safeguards against unwarranted searches than the U.S. Constitution does, but the U.S. Constitution had pretty many until that was gutted. (The Fourth Amendment is probably the most oft-violated part of the Bill of Rights in my adult life.)

By issuing the ruling, the Washington Supreme Court has tossed out the drug conviction of a man who was searched because police deemed his conduct "weird." The court said police can't frisk someone with a warrant or probable cause unless they have a "reasonable belief" that "the suspect is armed and presently dangerous." Again, I thought that's what the U.S. Constitution already said. At least it used to.

The Washington Supreme Court's ruling is correct, but let's get this straight: It's correct not only under the state constitution but also the U.S. Constitution.

And since I know you've been waiting with basted breath for more Freeper Madness, the Freak Rethuglic intelligentisa isn't too pleased at this ruling. One right-wing crackpot whined:

"The democrat pro-criminal vermin on the Washington State Supreme Court have an astonishing narrow definition of probable cause. Crime rates will soar in Washington State, as they have in the UK, where similar monsters abuse judicial power."

Quit making me laugh, Freepers!

If anyone is guilty of "weird behavior", it's those on Free Republic who weirdly behave as if the Bill of Rights doesn't exist.

(Source: http://seattlepi.nwsource.com/local/6420ap_wa_scow_police_pat_down.html)

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