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To: MisterKnowItAll
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.

Now. Put down the blunt and tell me where they are allowed to perform any searches at all without my consent or a warrant. Take your time. I realize you may need it to work your way through all the big words.

706 posted on 01/25/2005 10:01:20 AM PST by Dead Corpse (Cum catapultae proscriptae erunt tum soli proscript catapultas habebunt.)
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To: Dead Corpse
And it just keeps getting deeper...

What next? Tracking collars for everyone who dares go out in public?

707 posted on 01/25/2005 10:04:25 AM PST by Dead Corpse (Cum catapultae proscriptae erunt tum soli proscript catapultas habebunt.)
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To: Dead Corpse

'No. I read the post. Disagree with the reasoning.'

Fail to understand the reasoning, you mean. I think you've lost track of what's at issue in this argument.

'You do know there is no "reasonable expectation of privacy" clause in the 4th Amendment don't you?'

Of course. And _you_ do know that there's a big wide world of legal precedent out there from which, despite your ill-founded claims to the contrary, the SCOTUS is not departing one iota in the case under discussion -- don't you?

If you want to make an argument that the decision is _wrong_, go ahead and make it. But I don't think you'll succeed unless you can accurately understand what it _says_.

'You either have probable cause and a warrent, or you do not search. Period. end of story.'

Wrong again. The Fourth Amendment doesn't require a 'warrent' [sic] even for every search it covers.

'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.'

'Now. Put down the blunt and tell me where they are allowed to perform any searches at all without my consent or a warrant.'

The Fourth Amendment doesn't require either your consent or a warrant for every single search. The fact that you need probable cause to _issue_ a warrant doesn't say or imply that you need a warrant for every search, nor does it determine in and of itself which sorts of search require a warrant. (And there's no reference to 'consent' at all.)

'Take your time. I realize you may need it to work your way through all the big words.'

Naw, I covered all this stuff years ago in my first year of law school. You must have been absent that day.


711 posted on 01/25/2005 10:13:35 AM PST by MisterKnowItAll
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