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A View From The Right: Kiss The Fourth Amendment Goodbye!

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Syrinx Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-29-04 04:08 PM
Original message
A View From The Right: Kiss The Fourth Amendment Goodbye!
It’s finally happened. Thanks to recent judicial decisions by the traditionally conservative 5th Circuit Court and the US Supreme Court, Americans can pretty much kiss the 4th Amendment goodbye. On the heels of a US Supreme Court decision that now allows police to fully arrest and handcuff American citizens for misdemeanor violations of traffic law that are generally punishable with a ticket and a fine in traffic court, the usually conservative US 5th Circuit Court of Appeals in New Orleans ruled on Friday, March 26, 2004 that police officers can briefly search homes and commercial buildings and use any evidence found in those warrantless searches in the trials of those charged with violating the law--even if police had no suspicion those being detained had violated laws for which they were consequently charged based on the evidence discovered in the warrantless search.

The 5th Circuit's decision sets a groundbreaking legal precedent that frightens legal experts who claim the new ruling establishes a privilege that will quickly be abused by police in every jurisdiction in the nation even though the 5th Circuit's decision actually only affects Louisiana, Texas and Mississippi. Louisiana law enforcement officers claim it was needed to provide safety to officers...

Acting on a Baton Rouge case, the 5th Circuit ruled that police do not need an arrest or search warrant to conduct a swift sweep of private property to ensure their own safety. Further, the court ruled, any evidence discovered during the sweep is admissible in court as long as the search is a cursory inspection of the dwelling or other building rather than a "deep" search--and providing the police entered the building for legitimate law enforcement purposes...and they had reason to believe that entering that building or dwelling might be dangerous.

What law enforcement situation today is not dangerous? Even minor domestic squabbles can become instantly dangerous.

*snip*

http://www.sianews.com/modules.php?name=News&file=article&sid=1622
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Old and In the Way Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-29-04 04:16 PM
Response to Original message
1. More proof that the RW activist judges are the anti- "liberals"
I hope people start to think about the real meaning of liberal-

Main Entry: 1lib·er·al
Pronunciation: 'li-b(&-)r&l
Function: adjective
Etymology: Middle English, from Middle French, from Latin liberalis suitable for a freeman, generous, from liber free; perhaps akin to Old English lEodan to grow, Greek eleutheros free
1 a : of, relating to, or based on the liberal arts <liberal education> b archaic : of or befitting a man of free birth
2 a : marked by generosity : OPENHANDED <a liberal giver> b : given or provided in a generous and openhanded way <a liberal meal> c : AMPLE, FULL

Perhaps the Republican/Freeper types will stop and give pause to the war on privacy and government intrusion into our lives that their choices have wrought.
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tom_paine Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-29-04 04:18 PM
Response to Original message
2. Bushevik Judges are NOT conservatives
They are Totalitarians.

A Bushevik Judge has more in common with a Nazi Judge regarding delibreation and decision-making than the Judges of the Free World.
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Mari333 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-29-04 04:25 PM
Response to Original message
3. Well now all those repubs who want Bush in and whine about
government intrusion , can now kiss our butts.
Goodbye Constitution, and Bill of Rights, goodbye.
this is what fascists want, and now they are getting it .
And when the cops burst into their house they might wake up and realize that the Bush admin are fascists and they bought it all.
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asthmaticeog Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-29-04 04:27 PM
Response to Original message
4. Come on, guys...
It's only "brief" searches, and I'll bet we can get 'em to PROMISE not to abuse their newly-aquired powers! Mr. Stormtrooper is our friend!
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Bandit Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-29-04 04:35 PM
Response to Original message
5. But I don't want my Briefs searched
:silly:
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