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Supreme Court at it again

Discussion in 'Politics, Elections & Legislation' started by xringjim, May 17, 2011.

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  1. xringjim

    xringjim TS Member

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    Passing another law that it's o.k. for cops to kick in your door IF they have ANY reason to believe you're breaking a law. The more power you give to the police to do what they want the closer you come to a police state. Courts will always be inclined to side with police in whatever actions they take. BTW Indiana passed another police state law just the other day too. Just as we've all heard said; When guns are outlawed, only outlaws will have guns. Goes for the police too in my book.
     
  2. g7777777

    g7777777 TS Supporters TS Supporters

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    The US Supreme Court has not heard a case like this. There is another thread on the Indianna Supreme Court already

    You might want to read the actual opinion- man was beating a woman.

    Regards from Iowa

    Gene
     
  3. MTA Tom

    MTA Tom Active Member

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    Gene

    "The police do not need a warrant to enter a home if they smell burning marijuana, knock loudly, announce themselves and hear what they think is the sound of evidence being destroyed, the Supreme Court ruled on Monday in an 8-to-1 decision....

    The case, Kentucky v. King, No. 09-1272, arose from a mistake. After seeing a drug deal in a parking lot, police officers in Lexington, Ky., rushed into an apartment complex looking for a suspect who had sold cocaine to an informant.

    But the smell of burning marijuana led them to the wrong apartment. After knocking and announcing themselves, they heard sounds from inside the apartment that they said made them fear that evidence was being destroyed. They kicked the door in and found marijuana and cocaine but not the original suspect, who was in a different apartment."


    NYT, 5-16-11
     
  4. g7777777

    g7777777 TS Supporters TS Supporters

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    xringjim posted "Passing another law that it's o.k. for cops to kick in your door IF they have ANY reason to believe you're breaking a law"

    In the case you cite MTA Tom it is a very narrow holding- specific to the facts of the case. It isnt different than many like cases that have been decided at the State Court and Federal District Court levels.

    The case the Supreme Court decided was limited to if Police smell burning dope, knock and announce themselves and then hear what they believe to be the act of destroying the evidence.

    Regards from Iowa

    Gene
     
  5. MTA Tom

    MTA Tom Active Member

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    Gene, I think the decision is significant, and for perhaps the first time in her career Justice Ginsburg, the only dissenting vote, got it right:

    "'How ‘secure’ do our homes remain if police, armed with no warrant, can pound on doors at will and, on hearing sounds indicative of things moving, forcibly enter and search for evidence of unlawful activity?' she asked."

    Of course, on the bright side, "The standard announced Monday, Justice Alito wrote, had the virtue of simplicity."

    Quotes from NYT, 5-16-11
     
  6. g7777777

    g7777777 TS Supporters TS Supporters

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    Good points Tom

    Regards from Iowa

    Gene
     
  7. bigdogtx

    bigdogtx Well-Known Member

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    What does the "sound of evidence being destroyed" sound like????

    Does it "sound" like anything else????
     
  8. hmb

    hmb Well-Known Member

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    The courts do not pass laws, they interpret the laws. HMB
     
  9. SeldomShoots

    SeldomShoots Active Member

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    bigdogtx, In the one case above, the sound of evidence being destroyed was deep breathing, and water bubbles from the bong. LOL

    John
     
  10. g7777777

    g7777777 TS Supporters TS Supporters

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    HMB - no you are wrong- the courts make law all the time. That is what common law is.

    Probably repeated flushing sounds or sounds of a fire- you would have to look at the actual evidence presented

    Regards from Iowa

    Gene
     
  11. hmb

    hmb Well-Known Member

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    Gene,

    The Legislative Branch of government makes the law. The Preident or Chief Executive Officer signs it into law. And the Judicial Branch interprets the laws. HMB
     
  12. sliverbulletexpress

    sliverbulletexpress TS Member

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    1 Extigent circumstances (Emergency)
    2 Stop and Frisk
    3 Search incident to arrest
    4 Custodial
    5 Plain View
    6 Vehicle
    7 Border
    8 Consent
    9 Open Fields
    10 Abandoned Property
    11 Administrative
    12 Probation Sweep
    13 Protective Sweep

    These are exceptions to the US search warrant requirement.
     
  13. MTA Tom

    MTA Tom Active Member

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    Ahh, simplicity!

    Kick down the door. Jail the occupants. Discuss the irksome constitutional issues at leisure.
     
  14. mx2k33

    mx2k33 Well-Known Member

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    "As long as the police carries out the will of the leadership, it is acting legally." Werner Best, Head of Legal Affairs, Gestapo.
     
  15. b12

    b12 Well-Known Member

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    Mx is right. And now the citizens are next. Wild Bill
     
  16. g7777777

    g7777777 TS Supporters TS Supporters

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    Well if you dont like the leadership- get off your fat butts and get involved in the political process

    Stop complaining- get out and do something about it- join a campaign

    Regards from Iowa

    Gene
     
  17. mx2k33

    mx2k33 Well-Known Member

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    Unfortunately, I am involved. I pay for one politician with my tax money and vote for another with my values. Where does that leave me?
     
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