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

Skip to comments.

Supreme Court OK's warrantless searches of probationers
Human Events | Dec 17, 2001

Posted on 12/22/2001 10:10:07 AM PST by janeliberty

"On December 10, the U.S. Supreme Court unamminously decided to allow police to make America safer. It decided that the homes of people on probation could be searched by police investigating new crimes. The court reversed a lower court's decision that found theat police violated the Constitution when they searched without a warrant the home of a man sentenced to probation for and unrelated crime.(Emphasis added) Chief Justice William Rehnquist wrote that the government's "interest in apprehending violators of the criminal law, thereby protecting potential victims of criminal enterprise, may therefore justifiably focus on probationers in a way that it does not on the ordinary citizen."


TOPICS: Constitution/Conservatism; News/Current Events
KEYWORDS:
What's the next "justifiable focus": Arabs because of terrorism, Italians because of the Mafia, Irish because of the IRA?

Is the court stretching the "unreasonable" word in the 4th Amendment to the max? Or is the max yet to come?

1 posted on 12/22/2001 10:10:07 AM PST by janeliberty
[ Post Reply | Private Reply | View Replies]

To: janeliberty
people on probation could be searched

They could be searched in jail if they wish to remain there.

2 posted on 12/22/2001 10:13:37 AM PST by TheOtherOne
[ Post Reply | Private Reply | To 1 | View Replies]

To: TheOtherOne
They could be searched in jail if they wish to remain there.

For all intents and purposes, probationers are considered to be "prisoners under sentence." If they don't want to be on probation, they could ask their probation be revoked. In Wisconsin, if they had an imposed but stayed sentence, they start serving the jail or prison sentence the judge imposed (do not pass Go, go directly to jail). If the judge withheld sentence, they go before the judge so the judge can impose a sentence and they do their time.

Don't to the crime if you can't do the time.

3 posted on 12/22/2001 10:33:44 AM PST by Catspaw
[ Post Reply | Private Reply | To 2 | View Replies]

To: janeliberty
Once a person is convicted they lose certain rights until their sentence is fully served (probation time included); seems like a clear rule that could not reasonably be stretched to cover those only suspected of criminal activity.
4 posted on 12/22/2001 10:33:54 AM PST by Libertarianize the GOP
[ Post Reply | Private Reply | To 1 | View Replies]

To: Libertarianize the GOP
Once a person is convicted they lose certain rights
until their sentence is fully served (probation time included)

One might wish.  The punishment for some
crimes outlives the sentencing, even in the US.

5 posted on 12/22/2001 12:30:28 PM PST by gcruse
[ Post Reply | Private Reply | To 4 | View Replies]

To: gcruse
Agreed, I believe that felons should have their voting rights restored as soon as their sentence is finished. I would also support restoring the right to gun ownership automatically except if the State holds a hearing and shows by a preponderance of evidence that the felon is likely to abuse that right.
6 posted on 12/22/2001 12:37:01 PM PST by Libertarianize the GOP
[ Post Reply | Private Reply | To 5 | View Replies]

Comment #7 Removed by Moderator

To: TheOtherOne
They could be searched in jail if they wish to remain there.

Bingo!

8 posted on 12/22/2001 12:43:21 PM PST by Roscoe
[ Post Reply | Private Reply | To 2 | View Replies]

To: janeliberty
What's the next "justifiable focus": Arabs because of terrorism, Italians because of the Mafia, Irish because of the IRA?

You have it partly right. I really don't care if the white hot spotlight is focused on every Arab/Middle Eastern emigrant in the U.S. Turn the heat up! They hate us and they hate our Judeo-Christian, Greco-Roman heritage. Screw-'em!

9 posted on 12/22/2001 1:00:15 PM PST by arm958
[ Post Reply | Private Reply | To 1 | View Replies]

To: teenager
"The punishment for some crimes outlives the sentencing" What does that mean?

Some crimes carry punishment that continues after
their debt to society has been paid.

10 posted on 12/22/2001 3:31:24 PM PST by gcruse
[ Post Reply | Private Reply | To 7 | View Replies]

To: gcruse
Some crimes carry punishment that continues after their debt to society has been paid.

Ahhh, Orwell.

How about this idea. Release no prisoners who are not 'due' the restorations of all thier rights. Keep prison inside the prison, I don't want to live alongside a 'punishment administration'. It's inevitable mistakes are an infringement on the 'free' world.

11 posted on 12/22/2001 4:19:59 PM PST by mindprism.com
[ Post Reply | Private Reply | To 10 | View Replies]

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