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Police need a warrant--maybe not--anymore

Discussion in 'Politics, Elections & Legislation' started by xringjim, Jan 12, 2011.

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  1. xringjim

    xringjim TS Member

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    Supreme Court is hearing a case concerning a Kentucky man who was arrested when the police broke down his door by mistake and found drugs in his place. What's at stake is whether the police will be able to search your house without a warrant. If the Court sides with the arrest it means warrants are a thing of history in this country. Jim
     
  2. Brian in Oregon

    Brian in Oregon Well-Known Member

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    If warrants are no longer required, welcome to Amerika.
     
  3. wireguy

    wireguy TS Member

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    Amerika has been a police state for a long time. The entire justice industry is just that, an industry. The courts, the police and the prisons are all in bed with each other. The cops keep the courts busy with fresh arrests. That keeps thousands of government employees busy pushing paper. The courts keep the prisons supplied with warm bodies, so everyone there is making money, then the courts turn the criminals loose again so the entire cycle can be repeated over and over, with everyone making money all along the way.
     
  4. BDodd

    BDodd TS Member

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    I think I'll just resort to not keeping any contraband in the home or vehicle......breakemall....Bob Dodd
     
  5. 221

    221 Banned User Banned TS Supporters

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    If your dirty, your dirty.....Drug dealers, Poachers, etc,etc have abusing the honest folks rights and freedoms, for way too long.

    If your searched by mistake, you should be compensated......if ya don't want to go to jail ......stop dealing with dope.

    I'd bet that most law abiding people would not shed a tear if that jerk was locked up.

    99.999999999999999999999999999999999999999999999999999999999999999999% of those jackasses that are in and out of court, like it is a profession asked for it.

    If you are found and proven to be a drug dealer.....I don't care how they caught you........
     
  6. 221

    221 Banned User Banned TS Supporters

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    Just remember that if we are, to lose our rights to illegal search and seizure.......It will be because of some dirt bag that got caught breaking our laws.
     
  7. halfmile

    halfmile Well-Known Member

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    So in 2020 the dirtbag with the firearms in his house deserves to get locked up even though they got the wrong house.

    After all, guns are illegal now, right?

    It just keeps slipping away.

    HM
     
  8. 221

    221 Banned User Banned TS Supporters

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    If gun owners keep supporting dirt bags, they will be branded as such. Supporting these low life's is not in our best interest.

    The war on terrorism (?), the war on drugs and immigration (?), all have their roots in the American drug trade, and to offer sympathy for one that is caught when it was not convenient for him......makes a lot of people question just what your doing, that you need to be so worried.
     
  9. Huntin'Fool

    Huntin'Fool Well-Known Member

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    i had to get out of this conversation
     
  10. vegas steve

    vegas steve TS Member

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    even with probable cause, no home should be able to to be entered and searched without a warrant. even though the kentucky man was in the wrong having drugs in his house,he should'nt have been arrested,but just had the drugs confiscated. after all,it was the cops that made the mistake and broke down the wrong door.those cops put alot of lives in jeapordy that day. if that man was killed just because he was trying to defend his home,the cops would end up being the criminals. i believe if you are going to go that far and break into someones home knowing they are there,you should have definetly done your homework and made absolute sure that you had the right house in the first damn place. i hate dumbasses that have authority,rediculous.
     
  11. halfmile

    halfmile Well-Known Member

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    Pushing a case like that to the Supreme Court is an indication of how easily our rights can be lost. This should have been cause for a reprimand and suspension, not an attempt for authority to become even stronger.

    HM
     
  12. g7777777

    g7777777 TS Supporters TS Supporters

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    So the argument here is do you let a criminal that is affecting many lives go or do you find a good reason to uphold what the police did so you dont have to let him go

    Plain and simple

    The guy needs to be in prison with the key thrown away.

    The question is though- does that diminish the individual right he (or anyone) has under the constitution.

    A search by its very nature is intentful. IE you have intent to search. If you just see something for example, in plain view, intent is not involved.

    In this case the law enforcement people did not have intent to search this guy, it happened accidently or by mistake (one or the other)

    So the question for the courts is should the product of accident ( such as drugs falling out of your pocket) be the same regardless of what the accidental nature of these facts are.

    There are already exceptions in this regards and some have to deal with police dispatchers getting an address wrong.

    Intent, mistake, and accident are all different issues.

    Nowhere does this case touch on any intentful search or therefore protections against intentful search.

    Regards from Iowa

    Gene
     
  13. pyrdek

    pyrdek Well-Known Member

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    Only question I have is how many "dirty" cops will be able to "accidentally" bust into someone's house or car because they "BELIEVE" (but without any reasonable suspicion that a judge would issue a warrant for) some person may have guns, drugs, explosives (black or smokeless powder anyone?), sex partners, stolen merchandise, forged documents, alcohol, or any thing else that the cop wants to find, before the rights to be secure in your own home will be restored to the citizen?

    If an honest cop sees that following the laws about search is no longer being enforced, how long till he chooses to ignore it "for the good of the citizens", or at least those citizens he agrees with?

    The Founders saw the abuses of unrestricted authority and put those words into the Bill of Rights for a reason.
     
  14. g7777777

    g7777777 TS Supporters TS Supporters

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    pyrdek good point but those arent the facts in this case.

    This is a very narrow issue that the Court will review. I dont know if I have a feeling on it one way or another.

    I dont however think this case will have anything to do with the protections against search and seizure currently afforded to individuals.

    I think this guy might have just been unluckly. I know he was a dirtbag that should be in prison.

    However the Court might want to go so far as to protect unlucky occurances.

    We will see

    Regards from Iowa

    Gene
     
  15. halfmile

    halfmile Well-Known Member

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    I'll bet the elderly couple that had their house mistakenly targeted for a drug raid feel differently. They forced the old folks to their knees, put a gun in the man's mouth, and ransacked the house. When they found out their mistake, they said "Sorry" and left.

    I'll bet Gene would like that, especially the gun in the mouth.

    HM
     
  16. g7777777

    g7777777 TS Supporters TS Supporters

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    HM what are you talking about? Another Obama conspiracy theory

    Who put a gun in someones mouth? An old mans mouth? Who even was discussing that ? I think you are a crackpot- off the deep end.

    Hopefully no one associates you with the typical gun owner. You are demonstrating some paranoid delusions here.

    Regards from Iowa

    Gene
     
  17. Dahaub

    Dahaub Active Member

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    How could we have much to worry about with this case. No matter what the arrested was arrested for the facts are the police had no warrant for their entry. If the courts uphold this arrest and conviction as one poster said the use of warrants will go out the window and we will be treated much like the Soviets and the Germans did to their citizens. I knew of a case where a known drug dealer got busted with a kilo of cocain and 30,000 in a briefcase when the police used their warrant to get into his apartment. The case was thrown out when in court the warrant had the wrong address on it. The guy lived upstairs in a house and his address should have had a 1/2 attached to it. I can't believe this case has gone to the supreme court of the land. The federal justices this came up through must want the police to have absolute authority and that is a bad sign. Really bad news if for any reason you have a beef with a cop with an attitude. As I understand it a phone call and a text message back is a warrant in todays world. Dan
     
  18. Huntin'Fool

    Huntin'Fool Well-Known Member

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    ................
     
  19. Old Cowboy

    Old Cowboy Active Member

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    I don't know the facts of the case but I can imagine? Police had a warrant to enter and search some house and then accidently entered the wrong house...oops. The place reeked of marihuana, whad'ya expect 'em to do at that point? Ever heard of probable cause??

    John C. Saubak
     
  20. vegas steve

    vegas steve TS Member

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    this isn't a situation where anyones worried about getting busted without a warrant for having something bad in their house,it's the fact that cops are making mistakes like this and putting lives in jeapordy for no reason other than ignorance. how would you like to be killed by police officers when they break into your house by mistake and you are just reacting as though they are an infiltrator and you draw a weapon. i sure as hell don't want to go that way,do you? there shouldn't be any mistakes made like this. if they are going to commit to a search and seizure they need to have the right address,end of story.
     
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