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Drug War Shrinking Bill of Rights
Fox News Network ^ | Jan. 27, 2005 | Radley Balko

Posted on 01/27/2005 3:40:30 PM PST by Wolfie

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To: bullseye876
1. I don't know because I am not in law enforcement and I no longer use illegal drugs.

Fair enough. Drugs are purer, cheaper, and as readily available as ever. Demand has actually risen slightly since 1989.

What should be the penalty for illegal drug possession, in your opinion?

2. I don't know. I am not a Constitutional scholar.

The Constitution

One of the primary duties of the federal government is to protect the citizens by protecting the borders from unwanted people, animals and things including certain drugs. What clause gives the power to federal law enforcement to go after interstate criminals like bank robbers or kidnappers?

No argument re the borders. In the case of kidnapping, you are dealing with an acute, life threatening emergency. Police may disregard the Fourth and Fifth in a hostage situation, for example, and no one that I know of thinks otherwise.

41 posted on 01/27/2005 4:54:45 PM PST by Ken H
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To: jammer

Basically the law makes any random search of an auto legal IMO. All one needs is a "dog" and its "handler" who interprets the dog makes a "hit" and the searchers are home free.


42 posted on 01/27/2005 4:59:30 PM PST by Shermy
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To: Ed_in_NJ

"Since one can't have property rights for illicit drugs, a search can't violate the Fourth Amendment."

_____________________________________


Catch 22.
Since our government has decreed that they can declare most anything "illicit", -- one obviously has virtually no property rights.

"A search for illicit property can't violate the Fourth Amendment" is sheer idiocy: -- illogical thinking enshrined in legalistic sounding BS.

It's nearly time.
8 jones





Perhaps the greatest perversion of Supreme Court logic is in the Earls case, in which Thomas declares that high school students must be treated as a class of people, not as individuals.
39 Ed






I don't recall that case.. Is there an FR thread on it?


43 posted on 01/27/2005 5:09:38 PM PST by jonestown ( A fanatic is a person who can't change his mind and won't change the subject." ~ Winston Churchill)
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To: Shermy

I hope that some of the WOD Warrior totaliatrian freepers pause at this latest slip. I doubt it, they dont know they are part of the problem.


44 posted on 01/27/2005 5:09:50 PM PST by corkoman (Logged in - have you?)
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To: thoughtomator
I submit that the gratuitous violence, hypocrisy and egregious violations of liberty come from dopers.

The USC was written to reign in government, but at the very same time the USC was written, many state and local governments had extremely strict laws governing substance abuse. THe USC did not erase any of them. These local laws reflected the concerns of society and protected the rights and liberties of individual citizens from the abuses brought upon them by drunks and dopers.

The Fe'ral government got involved when moonshiners and dope runners got too well organized and powerful for local governments to manage - the same reason why we have a national military rather than a generic call of arms of all able bodied men.

Dopers who say idiotic things like you have uttered are the reason why the Fe'ral government had to get involved - because dopers were causing a societal crisis. You may no t have a problem with open drug sales on the street, and you may find it amusing to find homeless people throwing-up and dieing on your front lawn. You may pooh-pooh the hundreds of billions of dollars of costs on society - a needless expense that is incurred because of thoughtless self-centered clods thinks that doping themselves into oblivion is some sort of Constitutionally protected Right.

The Constitution was made for honest, self-regulating, moral people. Dopers, who demonstrate an obvious absence of common sense and self-control, are not suited for the USC, they are suited best under strict supervision by responsible people.

If dopers didn't want the Fe'ral Government cracking down on civil rights - then quit assaulting society with your dangerous and costly habits.

45 posted on 01/27/2005 5:13:50 PM PST by Reuben Hick
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Comment #46 Removed by Moderator

To: eno_

The one at the link you gave me. It doesn't list any products at all and says that protocol draft is expired.


47 posted on 01/27/2005 5:24:56 PM PST by thoughtomator (How do you say Berkeley California in Aramaic?)
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To: Reuben Hick

Clearly cost-and-effect is lost on you. We didn't have schoolyard drug dealers until federal enforcement made it profitable. The cost to society was far lower when we didn't have to fund a multibillion dollar enforcement industry, whose net effect, curiously enough, is approximately zero. There was no "societal cost" that forced the federal government to slice and dice the Bill of Rights, only a smear campaign by a major media mogul looking to put his competitors out of business by catering to public prejudice.

I bet you can't even name him. Your post is nothing more than an ignorant rant.


48 posted on 01/27/2005 5:30:45 PM PST by thoughtomator (How do you say Berkeley California in Aramaic?)
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To: thoughtomator

These are the same people who bitch about smokers and fatties losing their jobs at Weyco. Ah, the irony.


49 posted on 01/27/2005 5:34:25 PM PST by Wolfie
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To: Maceman

These cases are pretty common in Illinois. State Police have a program called "Valkyrie" where they look for suspicious folk, pull them over on some pretext, then ask for consent to search (which they frequently obtain). Illinois has some pretty well-developed case law on stops, and I don't think that police will be able to extend the length of a routine stop to give the K-9 time to get there. If the dog's around handy, fine, but if you have to wait longer than it would reasonable take to get the ticket, they will have a problem.

It is a strange rationale that depends on the 100% reliability of dogs' ability to sniff out drugs. By this rationale, any technology that will seek out only contraband without implicating legitimate privacy/property interests will be allowed. Creative prosecutors and police may give us some interesting issues.


50 posted on 01/27/2005 5:36:24 PM PST by SalukiLawyer (12" Powerbook, Airport, surfing FR anywhere I want to)
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To: thoughtomator

Scroll down and check out some of the neato commercial products.

Then tell me you live in a free country.

By the way, some common LI protocols are X1_1, X2P, and X3P. These are XML-based. Funny how they do not show up in the product documentation. No need for the sheeple to know how easy it is for Big Brother to listen in.


51 posted on 01/27/2005 5:40:30 PM PST by eno_ (Freedom Lite, it's almost worth defending.)
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To: Reuben Hick
You said it better than I could. Hate the drug laws - thank a doper or some other criminal. They’re attached at the hip.

You won’t get any brownie points from the “conservatives” here though.

52 posted on 01/27/2005 5:41:17 PM PST by Who dat?
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To: eno_
Anybody know who dissented?

The decision was 6-2; Souter and Ginsburg dissented, and Rehnquist did not vote.

53 posted on 01/27/2005 5:41:18 PM PST by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: Lurking Libertarian

Ick. Bad.


54 posted on 01/27/2005 5:43:15 PM PST by eno_ (Freedom Lite, it's almost worth defending.)
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To: Bean Counter
Maybe you should go and talk to the owner of a rental home that just found out from the Local Police, that the jackass who was renting it was busted this morning for operating a Methamphetamine Laboratory in the rental home for the last six months. The Police have known about it for six months, and it took this long to bust it because they were trying to wade through the paperwork required to bust his tenant. In the meantime, they documented all of the traffic in and out of the house.

Maybe you should ask why investigative and court resources went to bust a doctor who was not wilfully part of a drug ring, instead of going to bust this jerk.

55 posted on 01/27/2005 5:43:40 PM PST by dirtboy (To make a pearl, you must first irritate an oyster)
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To: Who dat?

Hate Prohibition? Thank those damn drinkers. If only people would be sober. Then we would have no problems.


56 posted on 01/27/2005 5:44:35 PM PST by eno_ (Freedom Lite, it's almost worth defending.)
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To: eno_

I did scroll down... they're all links to organizations, but I didn't see any products. Still looking...


57 posted on 01/27/2005 5:44:39 PM PST by thoughtomator (How do you say Berkeley California in Aramaic?)
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To: Wolfie

BTTT


58 posted on 01/27/2005 5:45:06 PM PST by Fiddlstix (This Tagline for sale. (Presented by TagLines R US))
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To: SalukiLawyer

All you need to do of course is train a dog that gives positive signals whether there are drugs or not, and you've got free reign to search anyone, anytime.


59 posted on 01/27/2005 5:46:08 PM PST by thoughtomator (How do you say Berkeley California in Aramaic?)
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To: DaiHuy

Thank you for your honesty...the Constitution is VERY specific on the crimes the federal government has the authority to punish, & the 10th Amendment leaves everything else to the states to hash out among themselves as they people so desire. Thomas Jefferson did an excellent job @ listing them in his Kentucjy Resolutions, & since the time of its writing, there have been only a few more crimes added to the Constitution (slavery, & denying people the right to vote based on race or sex)...& THAT'S ALL.

Case closed.


60 posted on 01/27/2005 5:47:41 PM PST by libertyman (Dims = tax & SPEND; GOP = borrow & SPEND. Either way, WE'RE SCREWED!)
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