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

To: OneWingedShark

“As you can see, ‘exigent circumstances’ is just an excuse from having to comply with the 4th Amendment”

Yes, but unl;ike the travesties they get away with during traffic stops, at the airport, and when they think they hear you flushing evidence down the toilet, it is a reasonable one, sorta like the yelling fire in a crowded theater exception to amendment one. If any kind of probable cause doesn’t need a warrant it’s an emergency wherein someone’s in danger of death or great bodily harm.

Not that I go around looking for exceptions. We’d probably be better off without them, including the “Fire!” ones.


271 posted on 06/12/2012 4:03:40 PM PDT by Tublecane
[ Post Reply | Private Reply | To 266 | View Replies ]


To: Tublecane
sorta like the yelling fire in a crowded theater exception to amendment one.

You just pushed my RANT button:
The "crowded theater" example is so horrendously wrong that its originator should have been laughed out of office in disgrace. There is obviously one case where the person can, and should, yell 'Fire!' and that is when there is a fire; an in like vein, when he perceives a fire he has the responsibility to alert the others.

The correct ruling would have been: The first amendment is clear: congress shall make no law abridging speech. That, however, does not indemnify someone who, with malicious intent, lies so to the public from civil accountability for injury and damages.

Not that I go around looking for exceptions. We’d probably be better off without them, including the “Fire!” ones.

I agree; I absolutely loathe that decision and its line of reasoning.

276 posted on 06/12/2012 4:35:55 PM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
[ Post Reply | Private Reply | To 271 | View Replies ]

To: Tublecane
It's good that the cops and firemen don't need to get a warrant to enter your burning home to save your babies.

Maybe we could carve out an exception though ~ a big sign "Fourth Amendment Absolutist" and no matter what happens NO ONE even steps on your lawn.

292 posted on 06/12/2012 5:13:18 PM PDT by muawiyah
[ Post Reply | Private Reply | To 271 | View Replies ]

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