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> Interesting search and seizure situation
pebkac
post Jun 10 2007, 09:31 PM
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http://blog.wired.com/27bstroke6/2007/06/a...ls_court_r.html

Ok,

1) This basically gives the police the right to wiretap or search anyone without a warrant.

2) This is definitely not the right way for our police to operate even if it is constitutional. I mean, imagine if someone had been hurt. At the very minimum, our tax dollars are going to fix the car the police just damaged.


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QUOTE (Spectatrix @ Oct 13 2006, 09:51 PM) *
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James
post Jun 10 2007, 09:54 PM
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1) Police have always had this right to search without a warrant.

2) Our tax dollars are going to put this guy in jail, not fix his car. I highly doubt anyone was in any danger. Police officers have more driving experience than anyone else I can think of short of truckers, but that's a different kind of driving. It's a clever way to accomplish what needed to be accomplished without jeopardizing the rest of the case. Never thought I'd see innovation come out of a police department, even if it's at the federal level laugh.gif


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pebkac
post Jun 10 2007, 10:03 PM
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QUOTE (James @ Jun 10 2007, 10:54 PM) *
1) Police have always had this right to search without a warrant.

2) Our tax dollars are going to put this guy in jail, not fix his car. I highly doubt anyone was in any danger. Police officers have more driving experience than anyone else I can think of short of truckers, but that's a different kind of driving. It's a clever way to accomplish what needed to be accomplished without jeopardizing the rest of the case. Never thought I'd see innovation come out of a police department, even if it's at the federal level laugh.gif


No, cops being able to search a car without a warrant is a fairly new thing. I mean, warrants ARE in the constitution. And even now, those searches are only under certain circumstances and with probable cause. For example, a cop can pull you over if you have a broken tail light and search you if he feels he has probable cause.

This case is more of an example of a cop breaking the tail light and then pulling them over for the broken tail light.


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QUOTE (Spectatrix @ Oct 13 2006, 09:51 PM) *
Holy shit, pebkac, you're awesome!



"Be who you are and say what you feel, because those who mind don't matter and those who matter don't mind." - Theodor Seuss Geisel (AKA Dr. Seuss)

"An idea that is not dangerous is unworthy of being called an idea at all." - Oscar Wilde
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James
post Jun 10 2007, 10:05 PM
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QUOTE (pebkac @ Jun 10 2007, 11:03 PM) *
No, cops being able to search a car without a warrant is a fairly new thing. I mean, warrants ARE in the constitution. And even now, those searches are only under certain circumstances and with probable cause. For example, a cop can pull you over if you have a broken tail light and search you if he feels he has probable cause.

This case is more of an example of a cop breaking the tail light and then pulling them over for the broken tail light.


As I said, cops have always been able to search without a warrant.


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pebkac
post Jun 10 2007, 11:08 PM
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QUOTE (James @ Jun 10 2007, 11:05 PM) *
As I said, cops have always been able to search without a warrant.


No... they haven't.


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QUOTE (Spectatrix @ Oct 13 2006, 09:51 PM) *
Holy shit, pebkac, you're awesome!



"Be who you are and say what you feel, because those who mind don't matter and those who matter don't mind." - Theodor Seuss Geisel (AKA Dr. Seuss)

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Divergent Realit...
post Jun 11 2007, 08:10 AM
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QUOTE (pebkac @ Jun 11 2007, 12:08 AM) *
No... they haven't.


probably cause is enough to search without a warrant.

like in lubbock, if i were to walk around my apartment complex in full bdsm gear then the lubbock police could search my apartment on probable cause that i have more than six of the same sexually oriented item.

ooooooooor if i get pulled over for driving funny and my car smells of weed.


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James
post Jun 11 2007, 08:23 AM
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QUOTE (Divergent Reality @ Jun 11 2007, 09:10 AM) *
probably cause is enough to search without a warrant.

like in lubbock, if i were to walk around my apartment complex in full bdsm gear then the lubbock police could search my apartment on probable cause that i have more than six of the same sexually oriented item.

ooooooooor if i get pulled over for driving funny and my car smells of weed.

OMG! NO THEY HAVEN'T! laugh.gif


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