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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 online now
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Video Shows Home Searches By Boston Police Were NOT Voluntary

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Old 04-22-2013, 04:12 PM   #316
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Let's take a MASSIVE step back.

The application of the Fourth Amendment to the STATES is a massively NON-originalist interpretation of the Fourth Amendment to begin with. The right of the citizens to be free from unreasonable search and seizure was ORIGINALLY intended to apply ONLY to the FEDERAL government. The Fourth Amendment was EXPANDED to apply to state law enforcement also by judicial fiat, more specifically the liberal Warren/Brennan Court ruling in 1961 in Mapp v. Ohio.

Go to the video in the OP. Those guys are wearing jackets that say "Police". NOT FBI or ATF. They therefore appear to be Massachusetts police.

Thus if BEP's position is that the SC CANNOT create an exception for exigent circumstances because those words aren't in the 4th Amendment, then to be logically coherent they also could not have EXPANDED the application of the 4th Amendment to the states also.

Therefore her argument FAILS either way -- either the SC has the power, and thus the exigent circumstances exception exists, or the search in question wasn't subject to the 4th Amendment anyway because the SC couldn't have expanded its reach to state/local law enforcement in the first place.

Only in BEP's delusional mind can the SC have the power to expand the 4th Amendment to the states, but lack the power to create any exceptions to it.
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Old 04-22-2013, 04:13 PM   #317
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She pulled that same BS with me a few days ago. It's basically her way of pleading the 5th.
You're a liar. You were pulling the same endless let's play a million rhetorical questions game, most of which was answered until I realized it was going to continue forever. You, Brainaic and Mr. Tegu are just being bullies at the level of thought. I felt the debate had gone on long enough with my points covered. Know when to choose your battles. I have other things to do and other threads I'd like to go into, instead of some monopolizing my time for hours.
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Old 04-22-2013, 04:16 PM   #318
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Quote:
Originally Posted by Amnorix View Post
Let's take a MASSIVE step back.

The application of the Fourth Amendment to the STATES is a massively NON-originalist interpretation of the Fourth Amendment to begin with. The right of the citizens to be free from unreasonable search and seizure was ORIGINALLY intended to apply ONLY to the FEDERAL government. The Fourth Amendment was EXPANDED to apply to state law enforcement also by judicial fiat, more specifically the liberal Warren/Brennan Court ruling in 1961 in Mapp v. Ohio.

Go to the video in the OP. Those guys are wearing jackets that say "Police". NOT FBI or ATF. They therefore appear to be Massachusetts police.

Thus if BEP's position is that the SC CANNOT create an exception for exigent circumstances because those words aren't in the 4th Amendment, then to be logically coherent they also could not have EXPANDED the application of the 4th Amendment to the states also.

Therefore her argument FAILS either way -- either the SC has the power, and thus the exigent circumstances exception exists, or the search in question wasn't subject to the 4th Amendment anyway because the SC couldn't have expanded its reach in the first place.

Only in BEP's delusional mind can the SC have the power to expand the 4th Amendment to the states, but lack the power to create any exceptions to it.
Well, well what do we have here but one of Amnorix's giant strawman arguments. ( The reason why you've been on ignore, except for a few lifts, for years. ) I already posted that I considered the originalist version but stated how states have a similar protection in their constitutions; that the whole idea of a BoR's came from the states. I've also posted it's not easy to always being able to tell what a natural right is.

I'd also be fine on that interpretation, except that local law enforcement is slowly being nationalized via the DHS including militarizing them. Did you miss that one too?

Yeah, the Feds were there as was the military even if they didn't conduct the search themselves. He was a federal suspect too. I'll bet you're all for Posse Comitatus being dead as well.

How you ever became an attorney with your reading skills is beyond me. Plus, you're being an uber hypocrite since you support the incorporation doctrine.
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Old 04-22-2013, 04:20 PM   #319
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Originally Posted by BucEyedPea View Post
You're another poster that I consider as being a waste of my time.
I'm sure the feeling is mutual.
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Old 04-22-2013, 04:20 PM   #320
Amnorix Amnorix is offline
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Quote:
Originally Posted by BucEyedPea View Post
Well, well what do we have here but one of Amnorix's giant strawman arguments. I already posted that I considered the originalist version but stated how state's have a similar protection; that the whole idea of a BoR's came from the states.
I'd also be find on that interpretation except that local law enforcement is slowly being nationalized via the DHS including militarizing them. Did you miss that one too?

How you ever became an attorney with your reading skills is beyond me. Plus, you're being an uber hypocrite since you support the incorporation doctrine.
You're assuming I read this entire thread, which I don't pretend I did. If you covered these points, that's fine.

I'm not at all hypocritical, since all I was doing was pointing out how you couldn't hold two positions in tension with one another. I never for a second suggested that I don't support incorporation.
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Old 04-22-2013, 04:21 PM   #321
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Did you say something?
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Old 04-22-2013, 04:22 PM   #322
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Quote:
Originally Posted by BucEyedPea View Post
Well, well what do we have here but one of Amnorix's giant strawman arguments. ( The reason why you've been on ignore, except for a few lifts, for years. ) I already posted that I considered the originalist version but stated how states have a similar protection in their constitutions; that the whole idea of a BoR's came from the states.

I like how you added the ignore parenthetical, which wasn't in your original post. Let's face it, your fake ignore is famous on here, and is pretty much all you ever use, seemingly, since you just ignore things when you are proven wrong, and answer when you think all is not lost.

Your debating skills are as pathetic as your critical thinking skills, writing skills, and overall intelligence. It combines into one unimpressive mushy lump of brainpower.
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Old 04-22-2013, 04:30 PM   #323
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Nuance doesn't suit you Amn cherry picking and selective memory does.
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Old 04-22-2013, 04:33 PM   #324
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Oh, and since the left has incorporated so much of the BoRs, one has to argue based on how it is now as well as how it should be.
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Old 04-22-2013, 04:34 PM   #325
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Originally Posted by BucEyedPea View Post
Nuance doesn't suit you Amn cherry picking and selective memory does.

Seriously? You might be the biggest black/white "thinker" on here. For you to say that nuance escapes someone else is yet another wonderful example of your talent for unintentional irony.
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Old 04-22-2013, 04:37 PM   #326
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Marxachusetts.
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Old 04-22-2013, 04:37 PM   #327
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Marxachusetts.

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Old 04-22-2013, 04:39 PM   #328
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Old 04-22-2013, 04:39 PM   #329
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Old 04-22-2013, 04:47 PM   #330
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When I first joined this forum I wondered why so many people disliked BEP. But, over the years it's become pretty obvious. I don't dislike her, though. I find her to be entertaining.
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