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To: Peter from Rutland
So, you're OK with junking the restrictions of the 4th Amendment on the police: No warrent is ever required with the expectation that the courts will EVENTUALLY pick up the slack, AFTER THE FACT, ONCE THE BODIES ARE IN THE GROUND?!?!

You've developed an interesting legal presumption. May the chains rest lightly on you...

26 posted on 05/16/2011 12:11:01 PM PDT by jonascord (The Drug War Rapes the Constitution.)
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To: jonascord

The only flaw in the ruling is the meaning of ‘exigent circumstances’.

There is no violation of the fourth amendment here. The police had reasonable cause, that being the smell of marijuana coming from the apartment. When they start shuffling around inside the apartment they blew it right there. That’s where the exigent circumstances come into play.

What they should have done is open the door, step out and close the door behind them.


34 posted on 05/16/2011 12:13:41 PM PDT by Peter from Rutland
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