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Court backs police in porn sting
The Washington Times ^
| 3-22-06
| Guy Taylor
Posted on 03/22/2006 11:12:34 AM PST by JZelle
click here to read article
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To: FormerLib
I like that you attempted to prove your statement had something to do with the facts by telling a story that clearly does not.
I'm sorry, I had assumed you understood the associating of a principle from one circumstance to another.
I'll stick with what the article actually says.
Do you have any evidence that warrants are being issued based solely upon supposition that a crime might be committed?
Just the ruling as stated in the article we are discussing...
Writing for the court, Justice Antonin Scalia said police can obtain such a warrant prior to the actual commission of a crime as long as they have probable cause to believe an individual will commit a crime -- or that illegal material will be at the individual's property when the search is conducted.
From Dictionary.com:
or
Used to indicate an alternative, usually only before the last term of a series: hot or cold; this, that, or the other.
Used to indicate the second of two alternatives, the first being preceded by either or whether: Your answer is either ingenious or wrong. I didn't know whether to laugh or cry.
It is the first part of the ruling that I find very danger's.
police can obtain such a warrant prior to the actual commission of a crime as long as they have probable cause to believe an individual will commit a crime
Probable cause is a very subjective term. It is a necessary evil because invading privacy is sometimes necessary - unfortunately. Being having the subjective "probable cause" that a crime has been committed is necessary to collect evidence to prove that a crime was committed.
Probable cause that a crime MIGHT be committed would mean the prosecution of individuals for what they MIGHT do but have not yet done; otherwise there is no need for a search, because no matter what they found you could not prosecute since no crime had actually been committed.
I do not like giving "tools" that are begging for abuse then just hoping that they won't be. If we are to just trust those in power to do the right thing, then we would have no need of a Constitution.
We have beat this horse to death
Have a great evening
again Cordially,
GE
To: GrandEagle
...I find very danger's dangerous.
To: FormerLib
...unfortunately. Being hHaving the ...
I called myself proofreading this...it has been a LONG day.
To: FormerLib
I'm sorry, I had assumed you understood the associating of a principle from one circumstance to another.
Please accept my apology, I don't usually resort to being a smart Aleck with fellow FReepers. Kinda caught me off guard.
Cordially,
GE
To: GrandEagle
Probable cause is a very subjective term.To folks such as you and I, that might be true, but it's not in the legal arena. Law enforcement has a hurdle to clear in order to make an arrest or request a search warrant. This ruling says that they can pursue a warrant prior to the crime if they have enough evidence (warrant, not arrest). It's harder to get one than you might think.
45
posted on
03/22/2006 4:19:45 PM PST
by
FormerLib
(Kosova: "land stolen from Serbs and given to terrorist killers in a futile attempt to appease them.")
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