Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

4th Amendment Dead, SCOTUS dancing on grave
US Supreme Court, Kentucky vs King ^ | May 16, 2011 | SCOTUS

Posted on 05/16/2011 11:44:39 AM PDT by jonascord

click here to read article


Navigation: use the links below to view more comments.
first previous 1-20 ... 61-8081-100101-120 ... 141-155 next last
To: 240B

Go into the Smoky Mountains National Park. You’ll see quite a few homes where the people lost their land for no other reason than the govt wanted it.


81 posted on 05/16/2011 12:48:11 PM PDT by driftdiver (I could eat it raw, but why do that when I have a fire.)
[ Post Reply | Private Reply | To 72 | View Replies]

To: ctdonath2

you can pretend there is no slippery slope on the enforcement side if you like however you should then at least recognize this ruling as the beginning of one.


82 posted on 05/16/2011 12:48:26 PM PDT by paul51 (11 September 2001 - Never forget)
[ Post Reply | Private Reply | To 40 | View Replies]

To: driftdiver

>What do you have to hide? If you’re not doing anything wrong why are you so worried about the cops coming in?

Watch this: http://www.youtube.com/watch?v=6wXkI4t7nuc
{And be sure to see part two, where a police officer who “gets the last word” starts off saying “Everything he said is true.”}


83 posted on 05/16/2011 12:49:43 PM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
[ Post Reply | Private Reply | To 43 | View Replies]

To: jonascord
I do not understand.

I shoot paper and the occasional tennis ball.

Anyone is free to kick in my door at any time...

This is as it should be. It has always has been so on this Earth, sad to say, but true. This ruling simply places legitimate law enforcement in the same position as home invaders in the eyes of more lawful citizen. No problem here with that, been there for decades.

I shall now respectfully decline to engage in further gunnuter statements on this thread.

84 posted on 05/16/2011 12:50:52 PM PDT by mmercier (kissing baboons in the jungle)
[ Post Reply | Private Reply | To 14 | View Replies]

To: OneWingedShark

I have that video saved in my bookmarks and watch it to remind myself.


85 posted on 05/16/2011 12:51:23 PM PDT by driftdiver (I could eat it raw, but why do that when I have a fire.)
[ Post Reply | Private Reply | To 83 | View Replies]

To: Peter from Rutland
Probably cause is BS. Probable cause, according to the constitution, is to be used to get search warrants not to actually conduct searches and that is the way it used to be until some judge ruled that an officer could search you, your house, your car etc. solely on probable cause even though the constitution clearly states probable cause is to be used to get warrants. I don't care how much evidence is lost due to officers having to take the time to get warrants, I don't want the SOBs trying to break into my house without a warrant and without knocking.

Our Supremes made a big mistake on this one.

86 posted on 05/16/2011 12:51:58 PM PDT by calex59
[ Post Reply | Private Reply | To 34 | View Replies]

To: Sacajaweau

Probably a good thing NOT to watch any one of the myriad masturbatory fictional cop shows (CSI 1,2,3, Chicago Code, Without a Trace, Hawaii 5-0, etc) really loud.

Even better not to watch them at all.


87 posted on 05/16/2011 12:52:30 PM PDT by Secret Agent Man (I'd like to tell you, but then I'd have to kill you.)
[ Post Reply | Private Reply | To 3 | View Replies]

To: ctdonath2

Please site me the law that says you have to answer your door when anyone knocks???

No I’m talking about the ruling and not the cops BS excuse. It is NOT consistent, and THAT is why it is why it made the news.

I understand “probable cause”, but that is not the case in this instance. It’s about cops coming into your home without “probable cause” or “a search warrant”. The court said it was okay.

I’m sorry but that is completely illegal what the court ruled. To call it ANYTHING ELSE such as “urgent” is not only Bull $hit but a flat out lie. The judges should be immediately removed from the bench for violation of their Oath.


88 posted on 05/16/2011 12:53:06 PM PDT by Sprite518
[ Post Reply | Private Reply | To 54 | View Replies]

To: OneWingedShark
This is VERY dangerous in that the police can “retcon” their story to make the “evidence” that they were looking for into what was actually found. Requiring a warrant which “PARTICULARLY DESCRIBES THE PERSON OR THING” that the police are looking for is the *ONLY* thing that prevents this sort of tomfoolery and corruption.

Nailed it!!!

89 posted on 05/16/2011 12:53:58 PM PDT by Niteranger68 (Jared Lee Loughner - Disciple of Michael Moore)
[ Post Reply | Private Reply | To 68 | View Replies]

To: dps.inspect

Unfortunately it will probably be yours and only one or two of them.


90 posted on 05/16/2011 12:54:45 PM PDT by Secret Agent Man (I'd like to tell you, but then I'd have to kill you.)
[ Post Reply | Private Reply | To 22 | View Replies]

To: Conservative Vermont Vet

If one is ‘suspected’ of being something, they can untimately surveil the suspect if it’s worth it, and do old fashioned work and develop EVIDENCE.

I mean a drug dealer isn’t just a drug dealer for one day and then never again. Police WORK (real old work) would get the necessary evidence and warrants.


91 posted on 05/16/2011 12:57:05 PM PDT by Secret Agent Man (I'd like to tell you, but then I'd have to kill you.)
[ Post Reply | Private Reply | To 32 | View Replies]

To: tacticalogic
Hey, I was there rescuing a woman who was clearly in distress ~ and out of her mind running in there.

Still, it could have been construed as breaking and entering, and unlawful detention.

The point I'm making here is that cops and firemen don't cease being human beings, and any application of the law that requires them to stand there while another human being burns to death is wrong.

That is an exigency.

Smoking weed is in a different sort of category.

92 posted on 05/16/2011 12:57:53 PM PDT by muawiyah
[ Post Reply | Private Reply | To 64 | View Replies]

To: ResponseAbility

>***“retcon”***
>
>I am unfamiliar with this abbreviation. Does it stand for “retroactively concoct”? or perhaps connive?

LOL — both of those are good.
It’s actually from the world of comic-books and is shorthand for RETroactive CONtinuity.
According to urban dictionary:


RETCON (shortened form of RETroactive CONtinuity; first made popular in the comic book world)

1. (original meaning) Adding information to the back story of a fictional character or world, without invalidating that which had gone before.

2. (more common usage) Adding or altering information regarding the back story of a fictional character or world, **regardless of whether the change contradicts what was said before.**
— Example: Although they had previously been shown to have two other sets of parents, the retcon of making Quicksilver and the Scarlet Witch the children of Magneto only altered the meaning of past events, not what had happened.

2. Retconning Dawn Summers into “Buffy the Vampire Slayer” in the fifth season was one of the rare instances where the fact that history has been altered for our characters was recognized in the story, even though the characters all still remembered the “new” versions of events.


But, either way, I see only bad things happening from this decision.


93 posted on 05/16/2011 1:02:11 PM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
[ Post Reply | Private Reply | To 77 | View Replies]

To: Dogbert41
I want law enforcement doing it's job. My proposal is that in any dynamic entry execution of a warrant or in a judges authorization of a no-knock warrant, the judge which issued the warrant must be on the scene prior to it's execution and the last to leave.

That would put an end to baseless and poorly supported warrants. The judges are too far removed from the process, and it would put an end to the middle of the night crap which endangers everyone, yet limits witnesses and media exposure until the next day's press briefing.

Local governments should run candidates on legislation requiring judges be present in those situations. It would send a powerful message about the authority of government sprouting from the consent of the governed. With that in mind it's pretty easy to nip it in the bud.

94 posted on 05/16/2011 1:03:20 PM PDT by blackdog (The mystery of government is not how Washington works but how to make it stop)
[ Post Reply | Private Reply | To 73 | View Replies]

To: muawiyah
The point I'm making here is that cops and firemen don't cease being human beings, and any application of the law that requires them to stand there while another human being burns to death is wrong.

Has anyone made, or even attempted to make a case that restrictions on serving warrants would prevent a fireman, policeman, or anyone else from enter a burning house to rescue an occupant?

95 posted on 05/16/2011 1:05:53 PM PDT by tacticalogic
[ Post Reply | Private Reply | To 92 | View Replies]

To: ctdonath2
Note that this does NOT protect police if they perform the warrantless search and do not find the alleged at-risk evidence.

What if they find something completely unrelated? They are now free to claim the item not explicitly sought before breaking down the door is what they wanted. Who can challenge that claim? The cops are now free to knock down your door and go on a fishing expedition. They are only at risk if the fishing expedition yields nothing. The 4th amendment was created to prevent exactly that level of intrusion by the government. It was a bad decision.

96 posted on 05/16/2011 1:07:12 PM PDT by Myrddin
[ Post Reply | Private Reply | To 23 | View Replies]

To: gwjack
So there was “probable cause” to enter and detain, and they did.

The constitution does not grant the right to search with probable cause, it only grants the right to get a warrant with probable cause. Some black robed tyrant in the past ruled that probable cause could be used to search. This is BS and a violation of the 4th. I would rather see every pot smoker and pot dealer in the US go free than to have police break down doors on evidence as flimsy as this.

Read the 4th, especially the part about probable cause and point out to me where it says(good luck on finding it)cops can search based solely on probable cause.

These supremes have made a bad ruling.

97 posted on 05/16/2011 1:07:58 PM PDT by calex59
[ Post Reply | Private Reply | To 45 | View Replies]

To: AnAmericanAbroad

Thanks. I’ve been looking for that.


98 posted on 05/16/2011 1:12:42 PM PDT by Lurker (The avalanche has begun. The pebbles no longer have a vote.)
[ Post Reply | Private Reply | To 15 | View Replies]

To: ctdonath2
Skimming the ruling, it seems sensible. It’s equivalent to a “Terry stop” -

No, it's not. While there are now *some* similarities in the case law, it's nowhere near "equivalent" when it comes to both the law & circumstances.

99 posted on 05/16/2011 1:20:35 PM PDT by gdani
[ Post Reply | Private Reply | To 21 | View Replies]

To: OneWingedShark

Ahh. Like in the latest Star Trek movie where Nero’s ship changes the time line after emerging from a wormhole “creating an alternate reality”?


100 posted on 05/16/2011 1:25:31 PM PDT by ResponseAbility (Islam...Imperialism in a turban.)
[ Post Reply | Private Reply | To 93 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-20 ... 61-8081-100101-120 ... 141-155 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson