Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article

Skip to comments.

Supreme Court positioned to repeal the 4th Amendment
Coach is Right ^ | 1/21/14 | Doug Book

Posted on 01/21/2014 9:05:21 AM PST by Oldpuppymax

Today the Supreme Court will hear oral arguments in Navarette v California, a case in which a wrong decision will effectively repeal the 4th Amendment rights of the American people.

The text of the 4th Amendment reads:

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.

In 1968, the Supreme Court ruled that “…law enforcement may perform a search when they have a reasonable suspicion of criminal activity, even if it falls short of probable cause necessary for an arrest.” This reasonable suspicion standard...

(Excerpt) Read more at coachisright.com ...


TOPICS: Government; Politics; Society
KEYWORDS: bhoscotus; docket; illegalsearch; law; lawsuit; navarette; policestate; probablecause; scotus; supremecourt
Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-62 next last
To: William Tell

I’m covered as well as I can be without retaining a lawyer. We (my wife [her sister] and I) saved a lunatic voicemail she left about 6 months ago with various threats and bizarre statements.

I do have a couple of additional family members that would testify as to her veracity, mental stability etc.

Under the circumstances, a restraining order is essentially impossible.

Fortunately, she is supposed to be leaving the state in the next eight weeks and putting her house on the market. She owes her ex money she doesn’t have which is due in a couple of months. She needs to sell her house to pay him, and then she will have to go live with her other sister...far far away from us.

It also is good that my wife trusts me 100% and is behind me.


21 posted on 01/21/2014 10:07:42 AM PST by ChildOfThe60s ((If you can remember the 60s.....you weren't really there)
[ Post Reply | Private Reply | To 17 | View Replies]

To: Oldpuppymax

For four members of the court the 14th Amendment makes the 4th obsolete.


22 posted on 01/21/2014 10:09:44 AM PST by mrsmith (Dumb sluts: Lifeblood of the Media, Backbone of the Democrat Party!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: William Tell

According to my police friends the first call to the police is frequently the perp.


23 posted on 01/21/2014 10:10:05 AM PST by buffaloguy
[ Post Reply | Private Reply | To 17 | View Replies]

To: JRandomFreeper
The case almost right on point for anonymous tips is Florida v. JL. If the court applies that case law then this search will be tossed. The only distinguishing fact here that the government could argue is that responding to a DWI accusation warrants a faster response than the facts in the above case (anonymous tip identifying the location of a person with drugs with no corroboration). State courts and other lower federal courts have been split on this question. Praying for the 4th Amendment to survive this one.
24 posted on 01/21/2014 10:16:45 AM PST by Clump ( the tree of liberty is withering like a stricken fig tree)
[ Post Reply | Private Reply | To 2 | View Replies]

To: ChildOfThe60s
ChildOfThe60s said: "It also is good that my wife trusts me 100% and is behind me."

It certainly sounds as if the likelihood of needing clear evidence is much reduced. The value of such evidence, should the unlikely happen, would possibly be very great.

I would be keeping some kind of diary of anything that might be relevant. It's somewhat intimidating that our emails are available to the government or others with a simple warrant if even that. The upside is that anything you email to yourself would be date-stamped and archived.

Good luck.

25 posted on 01/21/2014 10:40:05 AM PST by William Tell
[ Post Reply | Private Reply | To 21 | View Replies]

To: Clump

Even in the world of DWI enforcement the officer who makes a stop generally swears to the nature of unsafe driving or a moving infraction. I would be fine if the tipster could be made to testify to the nature of the unsafe driving. But anonymous for me is too much like having a baggie of drugs or a gun to drop near a suspect as evidence. The potential for abuse is absolutely enormous.


26 posted on 01/21/2014 10:41:26 AM PST by jimfree (In November 2016 my 13 y/o granddaughter will have more quality exec experience than Barack Obama)
[ Post Reply | Private Reply | To 24 | View Replies]

To: bike800; JRandomFreeper

This could go both ways. People could start calling in anonymous charges against cops they have a beef with. I wouldn’t want to see that start and I’m certain it would. There’s a lot of ex-cons who would love for it to go through.


27 posted on 01/21/2014 10:42:01 AM PST by B4Ranch (Name your illness, do a Google & YouTube search with "hydrogen peroxide". Do it and be surprised.)
[ Post Reply | Private Reply | To 14 | View Replies]

To: Pollster1
they should read the words exactly as written.

Heck they can't even read and UNDERSTAND the 2nd, what would make Us think they can do the same with the others?

28 posted on 01/21/2014 10:43:08 AM PST by mabarker1 (Please, Somebody Impeach the kenyan!!!!)
[ Post Reply | Private Reply | To 10 | View Replies]

To: Oldpuppymax
Ridiculous. This has about as much chance of passing the Supreme Court as the federal government dictating that you have to buy health care insurance.

Oh, wait...

29 posted on 01/21/2014 10:44:56 AM PST by Billthedrill
[ Post Reply | Private Reply | To 1 | View Replies]

To: Oldpuppymax

the slippery slope of the justifications of the police state in the name of “public safety”

we are constantly being told something is “justified” when the only basis of that claim of “justified” is that it makes “police work” easier

however the nature of our rights in the Constitution is not only irrelevant to making police work easier, they are in some ways antithetical to a justification of police powers on the basis of “making the police work easier”

between abuse of our Constitutional rights and the crime of carrying the seized material of “illegal” substances, the latter seeems the lesser of the two


30 posted on 01/21/2014 10:45:45 AM PST by Wuli
[ Post Reply | Private Reply | To 1 | View Replies]

To: B4Ranch
I prefer the rule of law where government follows the plain written language of the Constitution, without 'exceptions' carved out by the Supreme Court.

/johnny

31 posted on 01/21/2014 10:46:20 AM PST by JRandomFreeper (Gone Galt)
[ Post Reply | Private Reply | To 27 | View Replies]

To: Hostage

Where do you see “effectively?”

As of 1:49pm on Jan 21, 2014 the thread headline reads:
“Supreme Court positioned to repeal the 4th Amendment.”


32 posted on 01/21/2014 10:51:03 AM PST by EDINVA ( m)
[ Post Reply | Private Reply | To 12 | View Replies]

To: Oldpuppymax

California is the communists capital of America. We here have little rights left from local to the highest bunch of idiots in California.


33 posted on 01/21/2014 11:01:40 AM PST by Logical me
[ Post Reply | Private Reply | To 1 | View Replies]

To: EDINVA

First sentence:

“Today the Supreme Court will hear oral arguments in Navarette v California, a case in which a wrong decision will effectively repeal the 4th Amendment rights of the American people.”

The title abbreviated the thought but it is still for all intents and purposes a repeal or perhaps more precisely a judicial nullification.


34 posted on 01/21/2014 11:07:40 AM PST by Hostage (ARTICLE V)
[ Post Reply | Private Reply | To 32 | View Replies]

To: mabarker1
Heck they can't even read and UNDERSTAND the 2nd, what would make Us think they can do the same with the others?

I wish the far left's Big Government enablers understood the danger they are creating for themselves. If they can read portions of the 1st, 2nd, 4th, 7th, 8th, 9th, and 10th to mean nothing at all, then they can do the same for those phrases that liberals care about (what if the 14th goes out of fashion with those interpreting our Living Constitution???). A Constitution that means anything you want ends up meaning nothing at all.

35 posted on 01/21/2014 11:15:54 AM PST by Pollster1 ("Shall not be infringed" is unambiguous.)
[ Post Reply | Private Reply | To 28 | View Replies]

To: JRandomFreeper

Oh but the Constitution was written so long ago. Surely the Founders didn’t mean for it to stay the same forever and ever and ever.


36 posted on 01/21/2014 11:21:49 AM PST by B4Ranch (Name your illness, do a Google & YouTube search with "hydrogen peroxide". Do it and be surprised.)
[ Post Reply | Private Reply | To 31 | View Replies]

To: Hostage

As noted upthread, we should be careful with hyperbole in headlines. We object when alarmist headlines appear in NYT/LAT,etc. We should hold the same standard for conservative news sources, even if it’s only a blog.


37 posted on 01/21/2014 11:46:59 AM PST by EDINVA ( m)
[ Post Reply | Private Reply | To 34 | View Replies]

To: Hostage
First sentence:

“Today the Supreme Court will hear oral arguments in Navarette v California, a case in which a wrong decision will effectively repeal the 4th Amendment rights of the American people.”

The title abbreviated the thought but it is still for all intents and purposes a repeal or perhaps more precisely a judicial nullification.


Yes, the first sentence is correct. The title is correct too, as it is directly copied from the article.
That being said, the original off-site title is misleading, as the correct wording should include "effectively'. The hyperbole complaint should be directed at the article's author, not the FR thread poster. However, I likely would have included a "[effectively]" in the title to better portray it.
38 posted on 01/21/2014 11:53:13 AM PST by Svartalfiar
[ Post Reply | Private Reply | To 34 | View Replies]

To: Oldpuppymax

Doesn’t matter. this administration will do whatever it danm well pleases.


39 posted on 01/21/2014 12:02:16 PM PST by I want the USA back (Media: completely irresponsible traitors. Complicit in the destruction of our country.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: arderkrag
Unless it’s struck down via judicial review or Congress votes to repeal it, it isn’t repealed at all.

Have you been fondled at the airport?

A Right, Law or Statute may be on the books, but if government routinely ignores them, they do not exist.

The Bill of Rights was included so that the government would be restrained. If the government is not constrained by its fear of God, then it must be constrained by fear of the people, hence the 2nd Amendment.

40 posted on 01/21/2014 12:03:22 PM PST by BwanaNdege
[ Post Reply | Private Reply | To 5 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-62 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson