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To: muawiyah

I can probably help by being more specific.

I believe you are saying the case will or can be used to defend the cops not showing up.

How specifically would a defense do this? What would be their argument?


413 posted on 06/15/2012 11:08:12 AM PDT by D-fendr (Deus non alligatur sacramentis sed nos alligamur.)
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To: D-fendr
That when we look at the history of this particular law it arose out of a concern raised in a case called Barnes v. Indiana (etc).

That started as a domestic dispute where one party (his soon to be exwife) called the cops.

There, that's all you need to know.

Calling the cops in a domestic dispute can and did lead to a new law saying ~ WHAT?

Actually laws aren't passed in a vacuum. There are meanings and lessons in them extending well beyond the mere words. None of them are ever, in the hands of skillful lawyers, considered separate and apart from their history.

A lawyer can turn "yes" into "no", and an "approval" into a "disapproval". You watched the Supeme Court turn a right to privacy into a right to kill your baby and get away with it.

What more do I need to say. A skilled lawyer will get the cops off the hook who don't show up ~ every single time.

414 posted on 06/15/2012 12:00:55 PM PDT by muawiyah
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To: D-fendr
Here's an example of how lawyers use and misuse laws. Two years ago we had this big oil spill going on in the Gulf. There's a law on the books that authorizes communities along the coast to ask for a federal zone where boaters are not allowed to drop trou and defecate or urinate in the water. The whole idea is to remove from sight the toilet habits of folks on small boats who might be in distress, or fishing, or both.

This thing passed with almost 100% votes in both Houses of Congress.

OK, so there's an oil spill and this law.

Well, the law initially dealt with a seashore situation where there was a 3 mile boundry so folks in their little boats could simply pull off shore 3 miles and there'd be no problem.

Then, one day, somebody decided we had a 200 mile economic zone, so this little seashore tourist focused law became a more serious matter. The EPA response was to write a rule with the Coast Guard that REQUIRED permanent toilets on boats ~ however small ~ and they had to meet certain requirements, including LEAKAGE OF OILS. BTW, people have had their boats seized because they didn't have a permanent toilet ~ a portapotty on your dingy no longer counts!

Hmm. There was this oil spill in the Gulf.

Well, anyway, the EPA and Coast Guard went further and came up with rules concerning skullery oils and slops from large boats, and next thing you know they were preparing some rules to regulate all oil emissions in all regulated waterways ~ Houston Ship Channel to Miami Beach out to 200 miles!

Throughout this whole period NOBODY bothered to come up with some clear-cut enabling legislation so that EPA and Coast Guard could regulate oil!

So, there you have it. The guys who came along with oil skimmers found they were NOT allowed to use their equipment because they were going to be pumping water with a minor amount of oil back into the ocean.

That's all so some tourist won't be offended by some fisherman 2.9 miles away dropping trou and defecating over the side of his boat!

I may have missed a few pieces here and there but I did most of the research while mostly blind ~ you can use a two foot screen to enlarge the letters enough so you can read things on the net.

Point of all this is that you may think you passed a law to prohibit X and what you did was create a rebuttable defense to the absence of Y, which used to be a requirement.

Or, the bureaucrats will just make up stuff and there you are with your boat impounded and oil all over the place anyway.

415 posted on 06/15/2012 12:15:07 PM PDT by muawiyah
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To: D-fendr
Remember all those famous lawsuits against nonresponsive 911 call centers?

I'd think that sort of thing will be successfully beaten down in Indiana ~ because, after all, if the cops don't need to show up, then the 911 clerks don't need to tell them about it either.

416 posted on 06/15/2012 12:18:28 PM PDT by muawiyah
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