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Residents in N.M. town accuse sheriff of illegal raids
The Associated Press ^ | Sept. 28, 2007 | ALICIA A. CALDWELL

Posted on 09/28/2007 9:42:58 AM PDT by Dubya

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To: trumandogz
"purposefully used the word "People" in writing the 4th Amendment and choose not to use the word "Citizen"

Hmmmm....

I thought I remember the Preamble to be "We the PEOPLE of the United States", which didn't really say "we the citizens" of the United States, either.

There seemed to be a lot of common sense applied to the wording (if I recall it correctly from long-ago school days), and the INTENT was to provide a form of Government for the NATION, where those who lived in the country, or wanted to, would be required to take an OATH to abide by it.

Maybe those who have interpreted the Constitution should AMEND it to say "We the foreigners who have sneaked into the United States for freebies at others' expense", or words to the effect of how it has been mis-interpreted and mis-used?

The "people" or "persons" arguments don't even pass the smell test, yet Lawyers have used activist Judges to twist the words to fit their interest or THEIR personal bias.

21 posted on 09/28/2007 10:35:52 AM PDT by traditional1 ( Fred Thompson-The ONLY electable Republican Candidate)
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To: trumandogz
they would also have the power to kick in your door and confiscate your guns.

sorry, but I would be helping to round up the illegals....I know I would be able to keep my guns, and the second would probably not be suspended by declaring Martial Law, for to repel an invasion would demand America stay armed, unless hellery, or some other democrat was in office.

22 posted on 09/28/2007 10:38:52 AM PDT by From One - Many (Trust the Old Media At Your Own Risk. I Will Be Voting for Mr. Duncan Hunter, fellow FReepers.)
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To: traditional1
The "people" or "persons" arguments don't even pass the smell test...

If that is the case why are there certain places in the Constitution and Bill of Rights that say "Citizen" and others that say "People?" Certainly, the Founding Fathers would not use two different words to mean the exact same thing.

This is not a crazy idea of mine but rather would the SCOTUS has stated for over 140 years.

23 posted on 09/28/2007 10:42:44 AM PDT by trumandogz
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To: From One - Many
I know I would be able to keep my guns, and the second would probably not be suspended by declaring Martial Law...

I would not take that to the bank, no matter what Party was in power.

24 posted on 09/28/2007 10:44:58 AM PDT by trumandogz
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To: trumandogz
LOL.....I see you have a fear of all politicians....maybe you support the wrong ones....LOL
25 posted on 09/28/2007 10:46:52 AM PDT by From One - Many (Trust the Old Media At Your Own Risk. I Will Be Voting for Mr. Duncan Hunter, fellow FReepers.)
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To: From One - Many
If you entered the nation Illegally, you the person(s) entering Illegally, have broken the law.....and that is the law. Anyone aiding and abetting is also breaking the law, period.

BTTT

26 posted on 09/28/2007 10:48:11 AM PDT by org.whodat (What's the difference between a Democrat and a republican????)
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To: From One - Many
No, i simply understand that under Martial Law that you will have no Constitutional Rights, including your 2nd Amendment Rights.

However, no matter how many illegals stream across our borders this President will never see it as an invasion and thus never resort to Martial Law.

And yes, as soon as the illegals cross the border they are blessed with the very same Constitutional Protections as you and I.

27 posted on 09/28/2007 11:01:25 AM PDT by trumandogz
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To: Slapshot68

If someone calls 911 officers are required to go to the residence where the call originated and make sure all is well. They usually do not simply take the word of whoever answers the door. This is all for good reason, in cases of domestic violence- it would be a bad situation if a injured/deceased victim was in a back room while the perpetrator simply sent LEO away by saying “all is well” at the door. This reasoning is what allowed the officer to look around the home after the 911 call.

As far as LEO checking for citizenship- if you are driving a vehicle you have to be able to produce ID upon being stopped. If you are unable to produce ID you will very likely be detained- no matter what your citizenship is. I would imagine she had no drivers license to prove her identity- so LE asked her for other ID- Social Security card- etc.

I read nothing here that would pertain to illegal search or LEO doing anything wrong or out of the ordinary. This article is simply an attempt to slant normal procedures into something else. What is really happening here is LEO in some areas are starting to apply the same procedures to everyone- not single anyone out. LEO in many places have been overlooking illegals violating laws that citizens have to comply with. Many LEOs have been told in the past to overlook it if a person they believed to be illegal could not show valid ID- drivers license- proof of insurance, etc- while NOT OVERLOOKING THE SAME THING WHEN CITIZENS ARE INVOLVED.


28 posted on 09/28/2007 11:03:56 AM PDT by Tammy8 (Please Support and pray for our Troops, as they serve us every day.)
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To: trumandogz
No, i simply understand that under Martial Law that you will have no Constitutional Rights, including your 2nd Amendment Rights.

So I have to give up my sidearms (weapons) because the President of the United States has no declared an invasion is taking place? If you aren't a democrat, you talk or type like one.....

However, no matter how many illegals stream across our borders this President will never see it as an invasion and thus never resort to Martial Law.

LOL....now I can tell you....don't bank on it....

And yes, as soon as the illegals cross the border they are blessed with the very same Constitutional Protections as you and I.

Yes illegals are given equal protection just as criminal are given equal protection.....and make no mistake....illegals are viewed as criminals, as are those who aid and abet the illegals.

29 posted on 09/28/2007 11:08:04 AM PDT by From One - Many (Trust the Old Media At Your Own Risk. I Will Be Voting for Mr. Duncan Hunter, fellow FReepers.)
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To: From One - Many
So I have to give up my sidearms (weapons) because the President of the United States has no declared an invasion is taking place? If you aren't a democrat, you talk or type like one.....

My only point is that under Martial Law, most likely all rights will be suspended.

LOL....now I can tell you....don't bank on it....

This is the very same President who is pushing Amnesty for Illegal Aliens. I don't imagine there will be much desire to declare Martial Law while Bush is attempting to force Amnesty for Illegals.

Yes illegals are given equal protection just as criminal are given equal protection.....and make no mistake....illegals are viewed as criminals, as are those who aid and abet the illegals.

And that is why you cannot go kicking in their front doors and searching their homes without a warrant.

The police screwed up in this case of that woman in New Mexico.

30 posted on 09/28/2007 11:18:20 AM PDT by trumandogz
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To: trumandogz
sorry, you are wrong.... read Tammy8, post 28. Now you may continue, but you will be wrong....so please, continue.

What party do you belong to again?

31 posted on 09/28/2007 11:21:11 AM PDT by From One - Many (Trust the Old Media At Your Own Risk. I Will Be Voting for Mr. Duncan Hunter, fellow FReepers.)
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To: Slapshot68
That brings up a good point... are illegal immigrants protected from Constitutionally granted protection from search and seizure without probable cause?

I’m not a legal expert, but my gut tells me no.

The Constitution protects criminals as well as those that abide by the law. It protects foreigners in the US as well as citizens.

The Constitution enumerates the powers of the government as well as limitations on that power. It does not say you can search someone's home and if you find out after the fact that they are they were there illegally, that makes it OK after the fact.

With the exception of foreign combatants, I can't think of any case where the courts have said that an alien, legal or illegal, does not have the same constitutional rights as a citizen.

32 posted on 09/28/2007 11:22:46 AM PDT by untrained skeptic
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To: Dubya

So here’s a summons, Maria,
Hand it to your spouse.
Tell your kids you’re going away,
Gonna start a new life . . .


33 posted on 09/28/2007 11:27:35 AM PDT by tumblindice
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To: Slapshot68

I’d think the Framers would not want the rights guaranteed in the Constitution applied to illegal aliens. However, the ACLU has a different take on things.


34 posted on 09/28/2007 11:28:10 AM PDT by abercrombie_guy_38
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To: Dubya
Startled, she came to the door and answered his demands to know who called 911. No one, said Maria, a 50-year-old illegal immigrant who asked that her last name not be published. But the deputy, whom she couldn't name, insisted he had to come in and look through the house.

When someone calls 911 and just hangs up the phone without speaking, the dispatcher sends an officer to the house to investigate. The officer will insist on searching the home to find out if someone in the home called 911 and was prevented from speaking and might be held against their will.

The phone call to 911 creates probable cause for the search.

Notice how the article leave out if there actually was a call to 911. All it says was she denied it when the officer arrived. If the call was placed, even by a child playing with the phone, probable cause to search exists.

35 posted on 09/28/2007 11:29:26 AM PDT by untrained skeptic
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To: Tammy8

Best post in the whole damn thread.


36 posted on 09/28/2007 11:32:33 AM PDT by abercrombie_guy_38
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To: spectre; truthkeeper; processing please hold; antceecee; navymom1; jaredt112; Edgerunner; ...

Photo Sharing and Video Hosting at Photobucket
This is a ping list promoting Immigration Enforcement and Congressional Reform.
If you wish to be added or removed from this ping list, please contact me.


37 posted on 09/28/2007 11:34:33 AM PDT by bcsco ("The American Indians found out what happens when you don't control immigration.")
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To: From One - Many
You may want to read Plyer v. Doe (1982) which clearly states that Illegal Aliens are protected by the Constitution.

That is just a simple fact and not my opinion.

38 posted on 09/28/2007 11:34:50 AM PDT by trumandogz
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To: abercrombie_guy_38

BTT


39 posted on 09/28/2007 11:35:16 AM PDT by From One - Many (Trust the Old Media At Your Own Risk. I Will Be Voting for Mr. Duncan Hunter, fellow FReepers.)
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To: trumandogz
Look FRiend, you have already had enough to say that was incorrect.....I cannot argue with someone who has botched their arguements....It is too time consuming.....bye....
40 posted on 09/28/2007 11:37:16 AM PDT by From One - Many (Trust the Old Media At Your Own Risk. I Will Be Voting for Mr. Duncan Hunter, fellow FReepers.)
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