Posted on 04/03/2010 1:23:29 PM PDT by smokingfrog
South Carolina Gov. Mark Sanford has vetoed a bill allowing officers to search people released on probation or parole without a warrant.
The Republican governor said he sees no evidence that giving law enforcement the additional authority would decrease crime or reduce recidivism. He said the protection from unreasonable searches is an essential safeguard of liberty in America.
The measure allows officers to bypass going to a judge for a warrant before searching people on probation or parole. Inmates must agree to the searches before they’re released. They can search the person, the vehicle the person owns or is driving, and any possessions.
House Speaker Bobby Harrell has said probationers or parolees are still being punished and shouldn’t receive the same privacy as citizens.
If authorities suspect a parolee enough to search without a warrant, then I guess they fracked up the parole determination, didn’t they?
They are deprived of certain liberties by due process of law and paroled under terms and conditions of supervision.
For a parolee to live in fear that any law enforcement officer and not just their parole agent, can search their house at any time should be unacceptable.
What if there are other people living in the house? Should their rooms, bags, laundry, cabinets, safes, etc be subject to search? That is how far LEO will go and who could blame them?
How are they to know which room belongs to the subject parolee?
How are they to know what property belongs to whom?
How are they to know if someone has a valid prescription for a medical condition and the parolee cohabitates with them but, does not take them?
Should the parolee be expected to live in a secluded tent or a dorm where it is absolutely certain whose dwelling it is?
If the answer is yes then just keep them in jail until their FULL sentence is completed and eliminate parole as an option.
Once they are out the government then would have no obligation to supervise the individual and we could just hope and pray the former inmate can find a way home or even find a way home and that they don’t residivate.
Well that convenient. LOL
You are correct on all your points.
When you start speaking for me I know you are so full of crap that I won't ready any further than this tripe....you lack the common sense that God promised a brass monkey wrench and are too stupid to know it when I tell it to you.
I did not give you "my definition" so you just showed what making assumptions does but it was a one way show with you being it.
Oh, btw, if you have the means to develop and possess a nuc, be my guest. but you don't so it is just one more idiotic straw man argument.
I swear you must need someone calling cadence in order to breath without malfunction.
Most people only advocate freedoms they want and in reality won’t stand up for freedoms for others unless they have a direct interest in it.
Way too many so called conservatives and freepers are actually statists in sheep’s clothing so to speak.
Small, small step from being tough on crime to being about making criminals out of everyone.
And I am taking that for my own use. Too funny. LOL
I can see your point and it is quite reasonable.
However...that would make it very easy for the parolee to engage in criminal activity by hiding behind someone who cannot be searched. It is not unreasonable to say that those who agree to live with parolees have to live under similar restrictions.
Sanford (who shouldn’t still be governor, BTW) likely made the wisest decision here, but if he had signed the law, there wouldn’t be a violation of Constitutional principles as parole and probation are privileges.
Come on Frank, that was actually funny.
No, that means that they will simply have to follow the constitution and get a warrant before they search.
Well that would make it very easy for the rest of us Amerikans to engage in criminal activity, while hiding behind someone who cannot be searched.
Who cares about the Constitution anyway.
I say the Police should be able to search anyone, anytime. In fact, put our names in a hopper, pull one of our lucky names and have them kick down doors at random, looking for anthing they want.
While they are at they should confiscate whatever they want as well.
Heck our entire lives are contraband.
We have no personal right to anything. The power of the government must be obeyed and they have the right to our stuff and can give to our neighbors, if they are in a Robin Hood kind of mood.
I have to go hide something important to me and hope they aren’t surveilling me.
Ssshhhh!
There are no Constitutional rights involved here. The Constitution does not protect those who are serving a sentence after being convicted under the due process of law.
In fact, stating that a parolee or a convict on probation is entitled to full Constitutional rights makes a mockery of them for free citizens.
You can argue that it’s bad policy, but don’t drag the Constitution into it. If you’re serving your sentence for a crime, the state can make you hop on one foot every noon in the town square if they want, provided it’s not ex post facto.
Again, the Constitution isn’t involved here. Probation/parole is part of sentencing. If you don’t like it, stay in jail.
Or better yet, don’t be a felon.
HTF would you know?
Inhale...exhale...inhale....
LOL! I think Frank has a crush on you.
No offense, Frank.
Just us guys kidding each other.
Besides, I am still laughing from the cadence joke.
Did you even read what I posted??? Or did you just loose your train of thought?
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