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To: freeeee
Because the very idea is silly.

I'll assume you are a strong supporter of the Second Amendment. Imagine a crime scene where the police find a gun that was used, still having a price tag attached to it that reads "Joe Bob's Guns".

You would not seriously suggest that the police have no right to go to Joe Bob's Guns and ask to see the record of who that gun was sold to, now would you?

Of course not. In that case, and in this case, the police had a good reason to ask for that record. The item was a piece of evidence of who committed a crime.

There is no government action related to the content of the book itself, they are not criminalizing reading a book. The police are trying to use the book as evidence of who was part of the operation to build a meth lab.

16 posted on 04/08/2002 2:38:25 PM PDT by spqrzilla9
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To: spqrzilla9
You would not seriously suggest that the police have no right to go to Joe Bob's Guns and ask to see the record of who that gun was sold to, now would you?

Was someone shot with the books in question?
24 posted on 04/08/2002 2:48:54 PM PDT by Arkinsaw
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To: spqrzilla9
Hmmmm....

You have a point there. I'll concede that. It would seem that this is a 4th Amendment, rather than a 1st Amendment issue.

I would never condone allowing these authorities to simply demand business records without a warrant (as the PATRIOT Act allows). This case involves a search (of the bookstore) and searches are covered by the 4th Amendment. There must be probable cause and judicial oversight with a warrant, and there was in this case, so I must begrudingly agree with you.

However, aside from cases involving probable cause indicative of a crime, and accompanied by a warrant (as this case was), there is a 4th Amendment right to anonymity in purchasing reading material.

I'd also like to point out that none of this would be necessary if there weren't a WoD, and that this case very well could have been used, like many others in the past, to set a very horrible precedent of police access without a warrant.

I was also wondering, why the need for the business receipts? They found the books - why not just look for fingerprints on the pages? Were the cops looking for some court decision to set a precedent that freed them up from obtaining a warrant in these cases?

26 posted on 04/08/2002 2:56:32 PM PDT by freeeee
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To: spqrzilla9
... having a price tag attached to it that reads "Joe Bob's Guns".

"... finding a mailer envelope from the bookstore outside a mobile home they had raided."

Bzzztt!! Thanks for playing.

27 posted on 04/08/2002 2:57:59 PM PDT by brityank
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To: spqrzilla9
I think your looking at it incorrectly. The court is saying that the right of person to remain anonymous in their choice of reading material trumps the interest of the gov't in viwing this info. You won't be able to remain anonymous if the gov't can look at the booksellers records for any purpose it deems neccesary. Just like gun registration, I'm sure the gov't has good reason for wanting the info but the potential harmful use which the gov't could put that information to outweighs the benefit. And unlike guns,the right to read books of your choosing is even more important than RKBA. Giving the gov't the power to see what people are reading would have a downright "chilling effect" on the first amendment. Maybe if the gov't's need to know was a little more important, say if the book was on how to build a nuclear bomb, and they found it along with traces of plutonium they would have a pretty good argument, but not for this. How long would it be before they would be asking for list of readers and donators to FR because there was freep this poll print out found at a crime scene? Under your belief it would be just fine for them to do so, and I can sure guess the effect it would have on the number of visitors to this site in the future. Plus its not like the book has a serial number, identifying the owner, to actually figure out the crime they would need the name of everyone who bought a copy since I'm sure the druggies had enough intelligence that they didn't send it to the super secret drug factory. Now every reader including the merely curious would be "under suspicion" and I'm sure the gov't wouldn't merely ignore the names of the those other "innocent" people who purchased such material. Sorry its so long.
40 posted on 04/08/2002 3:42:16 PM PDT by foto
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To: spqrzilla9
The police are trying to use the book as evidence of who was part of the operation to build a meth lab.

So they claim, but as the Court correctly pointed out, the police had other means to establish who operated the meth lab. More than anything, the police were interested in establishing who resided in the bedroom where the lab was found. Funny thing though, they never tested anything in the bedroom for fingerprints except for the lab equipment and the books. They never interviewed anyone who might have been able to tell them whose bedroom it was. They never collected or analyzed any DNA or other forensic evidence that may have been in the bedroom. Claiming that the book's purchaser was information necessary to establish occupancy of the bedroom is laughable, to say the least.

They also wanted to establish intent to manufacture, which is almost absurd. The lab equipment, the meth, and the "how-to" books at scene--regardless of who purchased them--were more than sufficient to prove intent.

51 posted on 04/08/2002 6:31:08 PM PDT by Sandy
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To: spqrzilla9
You would not seriously suggest that the police have no right to go to Joe Bob's Guns and ask to see the record of who that gun was sold to, now would you?

I would. Two private, individual parties have every right to buy and sell from each other without government knowledge or interference.

95 posted on 04/09/2002 6:17:09 PM PDT by southern rock
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