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The case was notable in part because the city of Southaven had previously argued that Lopez had no civil rights to violate because the Mexican man was living in the United States illegally and faced deportation orders and criminal charges for illegally possessing guns.

A judge rejected that argument in 2020, finding constitutional rights apply to “all persons.”

Because, you know, that's what the Constitution says.

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[-] krigo666@lemmy.world 44 points 1 year ago

I'm European and even I know that the U.S. Constitution's Bill of Rights applies to EVERYONE in U.S. territory, independently of being citizens or not.

[-] DougHolland@lemmy.world 25 points 1 year ago

If it didn't, no-one overseas would even imagine a vacation to America, where they'd have no rights.

[-] OberonSwanson@sh.itjust.works 13 points 1 year ago

It can’t be surprising most Americans have never read the Constitution, let alone it’s applying to everyone in the country, citizen or not.

But, I’m American, where personal ignorance is something to be prideful of.

In theory, yes.

In practice: depends where the court is, who the judge is, who the DA is, who’s in the police department that arrested you, and - most importantly - the color of your skin. Also, sometimes, which imaginary friend you believe in, and which side you voted for in the last election.

[-] snooggums@kbin.social 44 points 1 year ago

You would think that after all the mistakes that cops make which result in death and injury the public would stop giving them the benefit of the doubt.

this post was submitted on 18 Sep 2023
192 points (100.0% liked)

THE POLICE PROBLEM

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    The police problem is that police are policed by the police. Cops are accountable only to other cops, which is no accountability at all.

    99.9999% of police brutality, corruption, and misconduct is never investigated, never punished, never makes the news, so it's not on this page.

    When cops are caught breaking the law, they're investigated by other cops. Details are kept quiet, the officers' names are withheld from public knowledge, and what info is eventually released is only what police choose to release — often nothing at all.

    When police are fired — which is all too rare — they leave with 'law enforcement experience' and can easily find work in another police department nearby. It's called "Wandering Cops."

    When police testify under oath, they lie so frequently that cops themselves have a joking term for it: "testilying." Yet it's almost unheard of for police to be punished or prosecuted for perjury.

    Cops can and do get away with lawlessness, because cops protect other cops. If they don't, they aren't cops for long.

    The legal doctrine of "qualified immunity" renders police officers invulnerable to lawsuits for almost anything they do. In practice, getting past 'qualified immunity' is so unlikely, it makes headlines when it happens.

    All this is a path to a police state.

    In a free society, police must always be under serious and skeptical public oversight, with non-cops and non-cronies in charge, issuing genuine punishment when warranted.

    Police who break the law must be prosecuted like anyone else, promptly fired if guilty, and barred from ever working in law-enforcement again.

    That's the solution.

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Our definition of ‘cops’ is broad, and includes prison guards, probation officers, shitty DAs and judges, etc — anyone who has the authority to fuck over people’s lives, with minimal or no oversight.

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A demonstrator's guide to understanding riot munitions

Adultification

Cops aren't supposed to be smart

Don't talk to the police.

Killings by law enforcement in Canada

Killings by law enforcement in the United Kingdom

Killings by law enforcement in the United States

Know your rights: Filming the police

Three words. 70 cases. The tragic history of 'I can’t breathe' (as of 2020)

Police aren't primarily about helping you or solving crimes.

Police lie under oath, a lot

Police spin: An object lesson in Copspeak

Police unions and arbitrators keep abusive cops on the street

Shielded from Justice: Police Brutality and Accountability in the United States

So you wanna be a cop?

When the police knock on your door

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