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Thread: The 7th Circuit Court of Appeals Just Weakened the Fourth Amendment

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    The 7th Circuit Court of Appeals Just Weakened the Fourth Amendment

    On June 5th, the 7th Circuit Court of Appeals issued a unanimous decision regarding US v. Huskisson, weakening the Fourth Amendment and due process. The original case seems relatively cut and dry with regards to Huskisson’s guilt; he agreed to sell methamphetamine to a confidential informant while DEA agents recorded the call. Huskisson arrived at his home the next day with the informant, carrying a cooler. The informant then gave a signal and multiple DEA agents entered the house, arresting Huskisson, who did not consent to a search of his property.


    The 7th Circuit Court of Appeals Just Weakened the Fourth Amendment - Porter Medium

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    Re: The 7th Circuit Court of Appeals Just Weakened the Fourth Amendment

    Quote Originally Posted by RandyJa View Post
    On June 5th, the 7th Circuit Court of Appeals issued a unanimous decision regarding US v. Huskisson, weakening the Fourth Amendment and due process. The original case seems relatively cut and dry with regards to Huskisson’s guilt; he agreed to sell methamphetamine to a confidential informant while DEA agents recorded the call. Huskisson arrived at his home the next day with the informant, carrying a cooler. The informant then gave a signal and multiple DEA agents entered the house, arresting Huskisson, who did not consent to a search of his property.


    The 7th Circuit Court of Appeals Just Weakened the Fourth Amendment - Porter Medium
    Wait, the search was illegal but "meh...they would have gotten a warrant anyway" is the justification here. That is ****ed up.
    The stupidity on the Right is legion, surpassed only by the ignorance. - Calamity 2019

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    Re: The 7th Circuit Court of Appeals Just Weakened the Fourth Amendment

    Stunning? Why would the court allow this to happen? Hope it's appealed and this mistake corrected!


    "The Court did reiterate that the search was illegal, but the decision was to allow the evidence, and thus the conviction, to stand:

    “We do not condone this illegal behavior by law enforcement; the better practice is to obtain a warrant before entering a home,” the panel continued. “Ordinarily, the evidence found here would be excluded. But because the government had so much other evidence of probable cause, and had already planned to apply for a warrant before the illegal entry, the evidence is admissible.
    “Though the government should not profit from its bad behavior, neither should it be placed in a worse position than it would otherwise have occupied,” the panel concluded."
    “The Special Counsel’s investigation did not find that the Trump campaign or anyone associated with it conspired or coordinated with Russia in its efforts to influence the 2016 U.S. presidential election.”

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    Re: The 7th Circuit Court of Appeals Just Weakened the Fourth Amendment

    “We do not condone this illegal behavior by law enforcement; the better practice is to obtain a warrant before entering a home,”

    The "better" practice? How about the "legal" practice?

    This is a bad decision by that court.
    TANSTAAFL

    Liberal turned conservative David Mamet famously said: In order to continue advancing their illogical arguments modern liberals have to pretend not to know things…

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    Re: The 7th Circuit Court of Appeals Just Weakened the Fourth Amendment

    Quote Originally Posted by RandyJa View Post
    On June 5th, the 7th Circuit Court of Appeals issued a unanimous decision regarding US v. Huskisson, weakening the Fourth Amendment and due process. The original case seems relatively cut and dry with regards to Huskisson’s guilt; he agreed to sell methamphetamine to a confidential informant while DEA agents recorded the call. Huskisson arrived at his home the next day with the informant, carrying a cooler. The informant then gave a signal and multiple DEA agents entered the house, arresting Huskisson, who did not consent to a search of his property.


    The 7th Circuit Court of Appeals Just Weakened the Fourth Amendment - Porter Medium
    The fourth amendment is clear. You need a warrant. The fact they might get a warrant later is irrelevant. Because if that worked then cops can just search anyone's property willy nilly and say they would have gotten a warrant anyways.
    "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"

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    Re: The 7th Circuit Court of Appeals Just Weakened the Fourth Amendment

    Quote Originally Posted by RandyJa View Post
    On June 5th, the 7th Circuit Court of Appeals issued a unanimous decision regarding US v. Huskisson, weakening the Fourth Amendment and due process. The original case seems relatively cut and dry with regards to Huskisson’s guilt; he agreed to sell methamphetamine to a confidential informant while DEA agents recorded the call. Huskisson arrived at his home the next day with the informant, carrying a cooler. The informant then gave a signal and multiple DEA agents entered the house, arresting Huskisson, who did not consent to a search of his property.


    The 7th Circuit Court of Appeals Just Weakened the Fourth Amendment - Porter Medium
    Decades ago the courts carved out a "drug law exception" to searches.

    Congress followed suit with the USA Patriot act and its National Security Letters.

    The current situation is that the Fourth Amendment is very much a thing of the past, rendered null and void by all 3 branches of government.

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    Re: The 7th Circuit Court of Appeals Just Weakened the Fourth Amendment

    Quote Originally Posted by calamity View Post
    Wait, the search was illegal but "meh...they would have gotten a warrant anyway" is the justification here. That is ****ed up.
    No, that was not the Holding by the 7th Circuit Court of Appeals.
    "I cannot undertake to lay my finger on that article of the Constitution which granted a right to Congress of expending, on objects of benevolence, the money of their constituents." James Madison, Father of the U.S. Constitution and 4th president of the United States.

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    Re: The 7th Circuit Court of Appeals Just Weakened the Fourth Amendment

    Quote Originally Posted by jamesrage View Post
    The fourth amendment is clear. You need a warrant. The fact they might get a warrant later is irrelevant. Because if that worked then cops can just search anyone's property willy nilly and say they would have gotten a warrant anyways.
    The 7th Circuit's opinion has two very important Holdings. A Holding by the 7th Circuit is that there was enough independent evidence in the warrant establishing probable cause without the methamphetamine observed in plain view as a result of the illegal entry. In other words, extricating the meth discovered as a result of the illegal entry from the warrant, does the warrant still contain probable cause? The answer by the 7th Circuit Court was yes.

    Another Holding addresses whether the decision to obtain a search warrant was because of the meth found as a result of an illegal entry or regardless of entry and discovery of anything, the officers were determined to seek a search warrant. The rationale behind this approach is the taint of the illegal entry and discovery of meth can taint decision making to obtain a warrant, which also taints the warrant. But if officers were already determined to obtain a warrant regardless of entry and what was seen as a result of entry, then the taint of the illegal entry and what is discovered as a result of the illegal entry does not carry over to their decision making or the warrant, since their decision to obtain a warrant preceded any illegality.
    "I cannot undertake to lay my finger on that article of the Constitution which granted a right to Congress of expending, on objects of benevolence, the money of their constituents." James Madison, Father of the U.S. Constitution and 4th president of the United States.

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    Re: The 7th Circuit Court of Appeals Just Weakened the Fourth Amendment

    Quote Originally Posted by calamity View Post
    Wait, the search was illegal but "meh...they would have gotten a warrant anyway" is the justification here. That is ****ed up.
    Actually, no. There is a legal concept that applies in these matters called "inevitable discovery." Since the defendant was basically caught red-handed in the commission of a felony, the lack of a search warrant is largely a technicality. Think about it for a moment: If the facts of the situation were sworn out in a request for a warrant, is there any doubt that the warrant would have been issued? No, there is not. Hence, it is an academic exercise tantamount to the defendant saying "Aha! You didn't say 'mother may I." You can read about it here.

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    Re: The 7th Circuit Court of Appeals Just Weakened the Fourth Amendment

    Quote Originally Posted by jamesrage View Post
    The fourth amendment is clear. You need a warrant. The fact they might get a warrant later is irrelevant. Because if that worked then cops can just search anyone's property willy nilly and say they would have gotten a warrant anyways.
    It's not the cops who decide whether evidence is admitted sans a warrant. The courts do that. The defense has to show that under the circumstances if the police had sworn out an affidavit for a warrant, there is reason to believe it would have been denied. In this case, there is no reason to believe the warrant would have been denied.

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