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View Poll Results: Would you be comfortable with this in your neighborhood?
Yes. This makes me feel safer. 13 20.00%
No. This is a violation of the 4th Amendment 50 76.92%
America is taking it up the Gaz. 2 3.08%
Voters: 65. You may not vote on this poll

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Old 04-21-2013, 05:22 PM  
teedubya teedubya is offline
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Video Shows Home Searches By Boston Police Were NOT Voluntary

Are you comfortable with this?

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Old 04-22-2013, 01:50 PM   #286
La literatura La literatura is offline
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Originally Posted by BucEyedPea View Post
Can't certain searches just be connected to a lawful arrest whether it's the owner or not that is suspected?
A search incident to arrest occurs in a small area when the suspect has already been arrested or is being arrested, but here, the cops are just plain trying to find him first of all.
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Old 04-22-2013, 02:06 PM   #287
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Quote:
Originally Posted by BucEyedPea View Post
Let me ask you jettio, since you brought better points up:

1) Specific place to search
Can't a judge have twenty warrants on his desk for the each house listed to be searched? Just do a batch processing and sign them all. There were twenty houses in all. They had him narrowed down although the suspect was found just a bit outside that area.

2) You say they have to have evidence of crime being committed in the location. Couldn't they name the terrorist suspect may be hiding on lam or have taken a hostage as they already killed a cop? Can't certain searches just be connected to a lawful arrest whether it's the owner or not that is suspected?
The reason for warrants is to have a neutral magistrate monitor law enforcement requests to search private spaces.

The standard for the neutral magistrate is particularized probable cause.

The standard for searches and seizures is reasonableness under the totality of the circumstances.

You are making the paper warrant itself so sacrosanct that you want them produced even when the standards would have to be compromised to produce them.

Read the 4th Amendment, it is pretty clear that reasonableness is the standard for searches and seizures and the Warrant clause is about particularized probable cause. The colonial governments used general warrants and the people felt that was abusive, so the Framers intended to outlaw them.

There is a such thing as a warrant that never should have issued because of the lack of particularized probable cause.

Your proposal effectively creates a general warrant out of a bunch of individual warrants.

In this video, are these people heard to deny consent for the search?
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Old 04-22-2013, 02:09 PM   #288
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Quote:
Originally Posted by jettio View Post

In this video, are these people heard to deny consent for the search?
I don't know.
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Old 04-22-2013, 02:12 PM   #289
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I think it's different when it's local police doing it.

If it was the feds I'd feel more inclined to react negatively.
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Old 04-22-2013, 02:13 PM   #290
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Quote:
Originally Posted by Wonton Prejudice View Post
I think it's different when it's local police doing it.

If it was the feds I'd feel more inclined to react negatively.
I have considered this applies more to the federal govt. But then I considered how local law enforcement is being more federalized under the DHS, including funds—even more militarized. The lines are getting more blurred as the country is being nationalized. All a very bad trend.
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Old 04-22-2013, 02:26 PM   #291
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Oh, and all state constitutions have a provision that is analogous the Fourth Amendment.
Remember, the BoRs stems from the state governments having these first.
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Old 04-22-2013, 02:39 PM   #292
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Quote:
Originally Posted by BucEyedPea View Post
Oh, and all state constitutions have a provision that is analogous the Fourth Amendment.
Remember, the BoRs stems from the state governments having these first.
Even if they didn't, the freedoms protected by the Fourth Amendment against federal authorities has been incorporated to the states through SCOTUS rulings.
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Old 04-22-2013, 02:47 PM   #293
BucEyedPea BucEyedPea is offline
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Did you say something lit?
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Old 04-22-2013, 03:05 PM   #294
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Originally Posted by mr. tegu View Post
So only what the framers did is what should apply? They didn't abolish slavery either. I guess those rulings should be invalidated? Along with every other ruling based on the Constitution just because they didn't think to discuss every possible circumstance at the time it was written?
I have a question for you, Buceyed Pea. Why didn't you answer Mr. Tegu's question?
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Old 04-22-2013, 03:14 PM   #295
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Originally Posted by Brainiac View Post
I have a question for you, Buceyed Pea. Why didn't you answer Mr. Tegu's question?
See earlier in the thread what I said to him. Also, FYI, I am routinely said I reserve the right to not answer questions but particularly rhetorical. He's just poking and being snarky at this point. I ignore such communication.

You don't tell me what I can do or not do or who I can answer or not. That's my choice and right.
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Old 04-22-2013, 03:18 PM   #296
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Originally Posted by BucEyedPea View Post
Did you say something lit?
Yes, I did. You don't have to respond to it, though.
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Old 04-22-2013, 03:22 PM   #297
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Originally Posted by BucEyedPea View Post
I didn't answer the question because I can't think of an answer that would make any sense at all. Therefore I'll attempt to avoid admitting complete defeat by refusing to answer the question and saying it's because Mr. Tegu is a big snarky meanie.

When you get right down to it, I'm really just like a Creationist. Creationists believe in a literal interpretation of every word in the Bible. I believe in a literal interpretation of every word that is in the Constitution, and if it's not in the Constitution, I just arbitrarily decide that it's unconstitutional. When creationists are asked questions like "Who did Cain marry? Was it his sister?", they begin babbling incoherent nonsense. It's the same kind of nonsense I babble when someone asks me why the Founding Fathers didn't prohibit slavery and what I think about that.
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Old 04-22-2013, 03:40 PM   #298
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I'm an asshole who hates freedom and like to bully people into communicating.
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Never mind that he had all his questions answered earlier until he engaged is snark.
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Old 04-22-2013, 03:47 PM   #299
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Nope, it has nothing to do with you conjecture Braindead. It has to do with him being a jerk asking nonsense rhetorical questions. He hates the Constitution and the Framers because he mocks them.
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Old 04-22-2013, 03:53 PM   #300
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Quote:
Originally Posted by BucEyedPea View Post
Nope, it has nothing to do with you conjecture Braindead. It has to do with him being a jerk asking nonsense rhetorical questions. He hates the Constitution and the Framers because he mocks them.


I only support what the Framers originally wrote. Everything else amended, ruled upon, or upheld since then doesn't count. /BEP

It takes quite the moron to interpret anything in this thread written by anyone as them hating the Constitution. Your idiocy knows no boundaries.
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