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Posted on 05/16/2011 11:44:39 AM PDT by jonascord
The Fourth Amendment expressly imposes two requirements:All searches and seizures must be reasonable; and a warrant may notbe issued unless probable cause is properly established and the scope of the authorized search is set out with particularity. Although“ ‘searches and seizures inside a home without a warrant are pre-sumptively unreasonable,’ ” Brigham City v. Stuart, 547 U. S. 398, 403, this presumption may be overcome when “ ‘the exigencies of the situation’ make the needs of law enforcement so compelling that [a]warrantless search is objectively reasonable under the Fourth Amendment,”
(Excerpt) Read more at supremecourt.gov ...
Completely illegal and violation of our Bill of Rights. Government cannot issue or take away our birth rights that come from our Creator.
If they are allowed to get away with this, then what is next? The second amendment or the first amendment?
What does cop do??
As it turns out, the TV was on real loud because he was using his dremmel to fix a kitchen cupboard.
I don’t see the problem. This whole “freedom” thing is just an inconvenience anyway...
Wait, do I need a sarcasm tag? Or was that clear?
End of America, welcome to the Gulag Comrades.
The judicial branch of the U.S. government is at war with the citizens and the Constitution. It is time to start passing laws and amending the Constitution making it easier to boot these people out of their positions, and even jailing them for crimes against the Constitution.
Overrule a M14 in the hands of a righteously indignant citizen with a piece of paper...?
OK, all you Oath Keepers, where are you?
They federal judiciary should be called what they are, black robed terrorists.
The warrant needed to be issued by a judge who has reviewed evidence and in writing describes where a home can be searched and exactly what may be searched for. The fairness of that process is what provides safety for all parties involved, and mostly for the law enforcement officers! A properly constructed and executed search warrant written by a judge who has to comply with law, is what makes the system fair and by the consent of the governed. Once that is destroyed, the consent is gone, along with respect, civility, and give a damnedness.
More cops and people will get killed over this, but then again that would be a great excuse to scrap the second amendment as well.
more sarcasm in case people miss it:
“How are we to maintain order if the individual can keep us out of their private property?”
I don’t see the problem. They had reasonable cause to do a warrantless search even if it was the wrong apartment. Did any of you actually read the document?
What? you didn’t start shooting when they said, “You can have a gun, EXCEPT...” Why should you start now?
I posted this on another thread re; Obama’s reelection chances not so bad.
I see this coming, especially now with that pesky little Constitution thingie out of the way. This is courtesy of Mr. Jello Biafra, former lead singer of the Dead Kennedys.
We interrupt this program with a special bulletin:
America is now under martial law.
All constitutional rights have been suspended.
Stay in your homes.
Do not attempt to contact loved ones, insurance agents or attorneys.
Shut up.
Do not attempt to think or depression may occur.
Stay in your homes.
Curfew is at 7 PM sharp after work.
Anyone caught outside the gates of their subdivision sectors after curfew
will be shot.
Remain calm, do not panic.
Your neighborhood watch officer will be by to collect urine samples in
the morning.
Anyone caught interfering with the collection of urine examples will be
shot.
Stay in your homes, remain calm.
The number one enemy of progress is questions.
National security is more important than individual will.
All sports broadcasts will proceed as normal.
No more than two people may gather anywhere without permission.
Use only the drugs prescribed by your boss or supervisor.
Shut up, be happy.
Obey all orders without question.
The comfort you’ve demanded is now mandatory.
Be happy.
At last everything is done for you.
I know Jello’s an anarchist, and he can certainly rant, but I remember hearing this many years ago. Never thought it’d likely come true. Enjoy......while you can.
How long until each federal district has it’s own judicial and political elite housing compound? It can’t be far off?
IOW if the gestapo fills like it
This one along with the Indiana Supreme Court ruling tipped the point. The Indiana one only affirms the worst.
There’s no such thing as private property. That would mean we can actually OWN stuff, which would mean we EARN stuff. Please. We all know that everything we have is at the whim of the gubmint.
This sounds like it came from The Onion, last person I would expect this from.
JUSTICE GINSBURG, dissenting.
The Court today arms the police with a way routinely to
dishonor the Fourth Amendment’s warrant requirement in
drug cases. In lieu of presenting their evidence to a neutral magistrate, police officers may now knock, listen, then
break the door down, nevermind that they had ample time
to obtain a warrant. I dissent from the Court’s reduction
of the Fourth Amendment’s force.
The Fourth Amendment guarantees to the people “[t]he
right . . . to be secure in their . . . houses . . . against unreasonable searches and seizures.” Warrants to search,
the Amendment further instructs, shall issue only upon a
showing of “probable cause” to believe criminal activity is
afoot
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