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To: sam_paine
Don't be depressed! I wouldn't call Loompanics an authoritative source and this list is four years (minimum) out of date. How can they label the 2nd Amendment 90% dead if the assertion rests on a law that no longer exists?

I'll admit that our court system is flawed but get raided on a faulty warrant (exclusionary rule exceptions or not) and see how fast a decent lawyer can get that case kicked. Look at Randy Weaver. The feds had him cold, or so they thought until Jerry Spence took his case for free and merely pointed out the flaws in the governments case without even presenting his own defense. Not Guilty and a state level indictment against the federal agents who perpetrated the crime. Admittedly Clinton's Justice Dept had them wiggle out of it, but still. The 4th is NOT dead. No way.

The 5th and the others are in a state of constant flux but I don't think you can call them dead based merely on case law. Why? Because there are companies that make a fortune selling case law updates on a monthly basis to law firms and law schools all over the country and a CURRENT case, right on point is what makes or breaks a trial.

103 posted on 05/27/2008 3:58:46 PM PDT by ExSoldier (Democracy is 2 wolves and a lamb voting on dinner. Liberty is a well armed lamb contesting the vote.)
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To: ExSoldier
I'll admit that our court system is flawed but get raided on a faulty warrant (exclusionary rule exceptions or not) and see how fast a decent lawyer can get that case kicked. Look at Randy Weaver.

Go ask Mrs. Weaver, or Randy Weaver's son, how well a lawyer can defend against an unreasonable search. There are tens of thousands of people who have had their cash or cars confiscated, never to be returned, on the false premise that it was involved in a crime. No charges placed upon the person, only the property.

180 posted on 05/28/2008 10:24:03 AM PDT by bIlluminati (Don't tread on me!)
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