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To: Nasty McPhilthy
"Such entry and testing without a warrant is unreasonable search and seizure.

I hate this phrase, "unreasonable search and seizure."

The way most people and many judges and police "interpret" the 4th amendment and I think incorrectly, is that police can search your car, your home, your person, without a warrant, as long as it is not "unreasonable."

That being the case, the 4th amendment is meaningless. Defining what is "unreasonable" is almost a case by case endeavor, time consuming and expensive to pursue.

If the 4th amendment was read correctly, it is obvious that a warrant is always needed when there is going to be people and items "searched...and...seized."

It is my contention that the first part of 4th amendment states the philosophy behind why a "warrant" is always needed for a search and seizure.

The proceudre required to obtain a "warrant" is designed to help protect the citizens against "unreasonable" search and seizures, which without such a procedure, the citizen is always subject to the officers mood and agenda, as illustrated in this article about the party in Maryland.

13 posted on 06/13/2005 10:18:36 AM PDT by tahiti
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To: tahiti

i agree with you. that might explain why the idiot author thinks sobriety checkpoints are "ok" . notice he didn't say "constitutional". he probably thinks the use of drug sniffing dogs are ok too... all for the good of "public safety" of course (rolling eyes here).


14 posted on 06/13/2005 10:23:20 AM PDT by sdpatriot (remember waco and ruby ridge)
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