Since We're Here Already. . .
The right of the people to be secure in their persons,
houses, papers, and effects, against unreasonable searches
and seizures, shall not be violated, and no Warrants shall issue,
but upon probable cause, supported by Oath or affirmation,
and particularly describing the place to be searched,
and the persons or things to be seized.
_____________
Ranger Question of the Day:
Why are we exporting democracy when
we are eroding it here in the homeland?
_____________
houses, papers, and effects, against unreasonable searches
and seizures, shall not be violated, and no Warrants shall issue,
but upon probable cause, supported by Oath or affirmation,
and particularly describing the place to be searched,
and the persons or things to be seized.
_____________
Ranger Question of the Day:
Why are we exporting democracy when
we are eroding it here in the homeland?
_____________
The Supreme Court affirmed 4/23/08 that police have the power to conduct searches and seize evidence, even when done during an arrest that turns out to have violated state law. Probable cause is the justification the Court used (High Court Rules for Police Power.)
Imagine: the arrest may be in violation of state law, but the search and seizure is still permissible. What is clear is that police can now fake any arrest, and the subsequent search and seizure will yield evidence leading to a prosecution anyway.
This is abuse of the 4th Amendment and a travesty of justice. In the case of David Lee Moore, he was a drug dealer, but what about when it happens to you or yours? Remember 50% of all high school students have used illegal drugs.
Imagine a young Barry Obama during his cocaine days, driving while black being searched for drugs incidental to an illegal traffic stop. Wouldn't make for a very good presidential candidate, eh? You get the idea.
To continue the thought project, can you imagine British police in Boston making an illegal arrest of a colonist and subsequently searching and seizing items from his person to be used in prosecution?
Might just be enough to incite a rebellion.
Labels: search and seizure violation, supreme court allows search and seizure even in illegal arrest
2 Comments:
Hi Jim,
Keith from Black Dog here. Just wanted to post a link to the book I told you about:
The Nightingale's Song
Man has the right to deal with his oppressors by devouring their palpitating hearts
jean-paul marat
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