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Thread: Big Win for the 4th Amendment

  1. #11
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    Re: Big Win for the 4th Amendment

    .... People who constantly bitch about SCOTUS are funny. When they rule in your favor "OMGZ! DEY KNOW DEI CONSTATUCHION!" - When they don't "OMGZ! FAKEN RETARD JUDGES! I KNOWZ MORE DEN DEMS!"
    I refuse to accept the view that mankind is so tragically bound to the starless midnight of racism and war that the bright daybreak of peace and brotherhood can never become a reality. - MLK

  2. #12
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    Re: Big Win for the 4th Amendment

    Quote Originally Posted by Hatuey View Post
    .... People who constantly bitch about SCOTUS are funny. When they rule in your favor "OMGZ! DEY KNOW DEI CONSTATUCHION!" - When they don't "OMGZ! FAKEN RETARD JUDGES! I KNOWZ MORE DEN DEMS!"
    When the SC ignores the plain text of the constitution, cites foreign laws, or makes exceptions even though the constitution has no such thing then one should criticize the judges.
    "A nation can survive its fools, and even the ambitious. But it cannot survive treason from within. An enemy at the gates is less formidable, for he is known and carries his banner openly. But the traitor moves amongst those within the gate freely, his sly whispers rustling through all the alleys, heard in the very halls of government itself. For the traitor appears not a traitor; he speaks in accents familiar to his victims, and he wears their face and their arguments, he appeals to the baseness that lies deep in the hearts of all men. He rots the soul of a nation, he works secretly and unknown in the night to undermine the pillars of the city, he infects the body politic so that it can no longer resist. A murder is less to fear"

    Cicero Marcus Tullius

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    Re: Big Win for the 4th Amendment

    Quote Originally Posted by jamesrage View Post
    When the SC ignores the plain text of the constitution, cites foreign laws, or makes exceptions even though the constitution has no such thing then one should criticize the judges.
    Opinion is a wonderful thing. May I know where you got your law degree and what makes you more capable of understanding the constitution than SCOTUS judges?
    I refuse to accept the view that mankind is so tragically bound to the starless midnight of racism and war that the bright daybreak of peace and brotherhood can never become a reality. - MLK

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    Re: Big Win for the 4th Amendment

    Quote Originally Posted by Hatuey View Post
    Opinion is a wonderful thing. May I know where you got your law degree and what makes you more capable of understanding the constitution than SCOTUS judges?
    You do not need a law degree to read and understand what the constitution says.This is a pretty obvious amendment - The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
    "A nation can survive its fools, and even the ambitious. But it cannot survive treason from within. An enemy at the gates is less formidable, for he is known and carries his banner openly. But the traitor moves amongst those within the gate freely, his sly whispers rustling through all the alleys, heard in the very halls of government itself. For the traitor appears not a traitor; he speaks in accents familiar to his victims, and he wears their face and their arguments, he appeals to the baseness that lies deep in the hearts of all men. He rots the soul of a nation, he works secretly and unknown in the night to undermine the pillars of the city, he infects the body politic so that it can no longer resist. A murder is less to fear"

    Cicero Marcus Tullius

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    Re: Big Win for the 4th Amendment

    Quote Originally Posted by 1Perry View Post
    WASHINGTON In a major decision on privacy in the digital age, the Supreme Court ruled Monday that police need a warrant before attaching a GPS device to a person's car.


    Supreme Court rules warrant needed for GPS tracking

    Obviously I believe it's a very good ruling.
    I'm surprised it was unanimous. Some cited property, other's cited search; I think the truth is both. In this day and age of the government taking hard aim at the 4th, at least we get a little reprieve.
    You know the time is right to take control, we gotta take offense against the status quo

    Quote Originally Posted by A. de Tocqueville
    "I should have loved freedom, I believe, at all times, but in the time in which we live I am ready to worship it."

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    Re: Big Win for the 4th Amendment

    Quote Originally Posted by jamesrage View Post
    When the SC ignores the plain text of the constitution, cites foreign laws, or makes exceptions even though the constitution has no such thing then one should criticize the judges.
    Even on the 4th they don't really. I think DUI check points and drug dogs both violate the 4th as they are both searches of person without cause. But at least they're drawing the line somewhere. The real problem is that as more tech comes online, government assumes total ability with it. When in fact, it should be the opposite; it should not be allowed to use new tech less authorized by the People and then only within the constraints of the Constitution.
    You know the time is right to take control, we gotta take offense against the status quo

    Quote Originally Posted by A. de Tocqueville
    "I should have loved freedom, I believe, at all times, but in the time in which we live I am ready to worship it."

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    Re: Big Win for the 4th Amendment

    Quote Originally Posted by Ikari View Post
    Even on the 4th they don't really. I think DUI check points and drug dogs both violate the 4th as they are both searches of person without cause. But at least they're drawing the line somewhere. The real problem is that as more tech comes online, government assumes total ability with it. When in fact, it should be the opposite; it should not be allowed to use new tech less authorized by the People and then only within the constraints of the Constitution.
    They can't search you in either case unless they have reasonable suspicion. Now you may argue entrapment but in the case of DUI stops they get around that by forcing them to advertise where the DUI stops will be before they happen.

    Is that enough? I don't know but at least there is some sort of line drawn at reasonable suspicion.

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    Re: Big Win for the 4th Amendment

    Quote Originally Posted by jamesrage View Post
    You do not need a law degree to read and understand what the constitution says.
    No, however you do need it to understand how the amendments apply to the US Code etc. So not only do you need an understanding of the laws in question but also of the constitution beyond simply reposting the amendment as if it means much.
    I refuse to accept the view that mankind is so tragically bound to the starless midnight of racism and war that the bright daybreak of peace and brotherhood can never become a reality. - MLK

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    Re: Big Win for the 4th Amendment

    Quote Originally Posted by Hatuey View Post
    Opinion is a wonderful thing. May I know where you got your law degree and what makes you more capable of understanding the constitution than SCOTUS judges?
    You don't need a law degree to see where the court folded to outside pressure and blatantly went against precedent and violated the constitution. I would say the NLRB case in 1937 (as a result of the court packing threat) is one such case. Same with Wickard v. Filburn (which said that under the commerce clause, the government had the right to limit what a farmer produced FOR PERSONAL CONSUMPTION). The pressure from FDR on SCOTUS created a strange precedent and overly-broad interpretation of the interstate commerce clause that is plain to see without a law degree.

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    Re: Big Win for the 4th Amendment

    Quote Originally Posted by 1Perry View Post
    They can't search you in either case unless they have reasonable suspicion. Now you may argue entrapment but in the case of DUI stops they get around that by forcing them to advertise where the DUI stops will be before they happen.

    Is that enough? I don't know but at least there is some sort of line drawn at reasonable suspicion.
    I don't think it is enough. The fact is that DUI checks are searches and requires that you pull over BEFORE they have reasonable suspicion. If they see someone driving recklessly, sure that's reasonable to pull them over. Just driving on a road? I wouldn't agree. It is as it is of course, but still it's not something I can rationalize with being in line with our rights and liberties.
    You know the time is right to take control, we gotta take offense against the status quo

    Quote Originally Posted by A. de Tocqueville
    "I should have loved freedom, I believe, at all times, but in the time in which we live I am ready to worship it."

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