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Posted on 04/15/2010 5:21:41 AM PDT by aomagrat
South Carolina legislators moved closer to overriding the governor's veto of a bill allowing officers to search people on probation or parole without a warrant.
The Senate on Wednesday voted 36-7 to override Gov. Mark Sanford's veto. It now goes to the House.
The measure allows officers to bypass going to a judge for a warrant before searching a probationer or parolee on the street. Their vehicles and any possession could also be searched.
Inmates would have to sign off on the searches before they're released. If they don't agree, they could stay in prison for their full term.
Sanford vetoed it two weeks ago, saying it erodes an essential safeguard to liberty.
Senate President Pro Tem Glenn McConnell argued it only applies to people convicted of a crime.
Tomorrow it only applies to people suspected of committing a crime.
Next week it only applies to people who may commit a crime.
Then it only applies to people who are suspected of thinking about committing a crime.
Then it only applies to people who are thinking.
Actually, it only applies to people who have been convicted of a crime and offered a chance to leave prison without serving any or all of the sentance they desearved.
Maybe no early release and bringing back hard labor chain gangs would be even better, but I have no problem with this.
If they don’t want the strictures, they can serve out their full time.
I am not now and will never be part of the mollycoddle criminals bandwagon.
Ditto
However, if a paroled sex offender is stopped for a traffic violation and there’s a strange noise coming from the car trunk - wouldn’t you want the police to search ASAP without having to wait for a warrant?
Case by case basis and some trust in LE is needed here.
And remember folks, driving is a privilege, not a right...
However, if a paroled sex offender is stopped for a traffic violation and there’s a strange noise coming from the car trunk - wouldn’t you want the police to search ASAP without having to wait for a warrant?
Case by case basis and some trust in LE is needed here.
felony or municipal ordinance.
Grass 1 mm too long, you then have waved everything.
A policeman’s job is easy in a police state.
Excellent analysis. My thoughts exactly.
It is a very slippery slope when we start carving exemptions into our constitution.
BS. If you are on parole or probation you are still effectively in prison except you have been released under conditions. One of those conditions can be that you are subject to searches any time and anywhere for any reason. If you don’t agree with the conditions then you can finish your sentence. Nobody is forced to take probation or parole.
However, if a paroled sex offender is stopped for a traffic violation and there’s a strange noise coming from the car trunk - wouldn’t you want the police to search ASAP without having to wait for a warrant?”
They already can search your vehicle if they suspect anything without a warrant. Its called probable cause.
Case by case basis and some trust in LE is needed here.”
Not sure if I want officers to be able to decide if they want to follow the constitution on a case by case basis.
If I was a cop, I'd make that call.
Sanford was right to veto this bill.
If not, your logic is flawed.
Criminals on parole or probation are essentially inmates, who have been granted the incredibly, generous privilege of being allowed to serve some or all of their sentences on the outside, instead of locked in a prison cell, where they belong.
They have been granted WAY more freedom than they deserve. Warrantless searches are a very small price to pay for that freedom.
Think of probation and parole as “ultra-minimum security prison” and it becomes clear that warrantless searches are common sense and a tool to increase freedom,not decrease it.
Situations like that are already covered by searches pursuant to exigent circumstances...
I absolutely agree with the Governor..... do away with probation and parole. You do the cime, you do the time ALL OF IT. Problem solved...... criminals still under the authority of the penal system (which is what parolees and those on probation in effect are) will only have to worry about their person and cell being searched.
Reason number 342 why Libertarianism is childish, illogical and moronic.
Is it wrong to imprison people who have committed serious crime? After all, if we can imprison felons, what would stop us from imprisoning innocent people.
So just like warrantless searches, we must eliminate ALL punishment for felons, lest we slide down some imagined slippery slope and start locking up people at random.
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