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To: Nik Naym

You tout the US Constitution - prior LE experience and court involvement demonstrates that there are exigent circumstances may make a warrantless search constitutional if probable cause can be shown...so WE will ALL have to wait to see what the court has to say on this matter and IF the CB agents had that probably cause...

again....stop getting so emotional over this poorly written article....


95 posted on 12/21/2013 2:50:45 AM PST by BCW (Salva reipublicae)
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To: BCW

I’m not getting emotional.

You are the one who is wearing out his shift key.

Jeesh.


96 posted on 12/21/2013 2:52:01 AM PST by Nik Naym (It's not my fault... I have compulsive smartass disorder.)
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To: BCW
..stop getting so emotional over this poorly written article....

You're the one who is hyperventilating.
The rest of us are out of breath from laughing ... at you.

99 posted on 12/21/2013 2:53:31 AM PST by TigersEye (Stupid is a Progressive disease.)
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To: BCW

“exigent circumstances”

Give me an example of a circumstance that would require a person be taken to a hospital, cavity searched, x rayed, and given laxatives and forced to crap in front of others?

Because for that to have to happen without a warrant, you need to have a reason why waiting for a warrant would either put someone at risk (did she have a bomb in her cooze?) or that evidence might be destroyed. (If she had drugs up her wazoo, they merely had to keep a watch on her while waiting for a warrant).

So tell us what possible circumstances would justify not getting a warrant?


103 posted on 12/21/2013 2:59:34 AM PST by Nik Naym (It's not my fault... I have compulsive smartass disorder.)
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To: BCW; Nik Naym
[…]prior LE experience and court involvement demonstrates that there are exigent circumstances may make a warrantless search constitutional if probable cause can be shown.

For reference, the Fourth Amendment says this:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
There are several things to note: (1) unreasonable search and seizure are forbidden w/o qualification, so (2) the warrants that issue should be only for a reasonable search/seizure, which must (3) be supported by oath/affirmation [meaning that lying to obtain a warrant could be considered perjury] and (4) should be limited to specifics.

So, no there are no "exigent circumstances" which invalidate the fourth amendment, unless you are willing to abandon the Constitutional restrictions altogether.

150 posted on 12/21/2013 3:38:01 PM PST by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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