Powergamz1 -> RE: Supreme Court OKs DNA collection (6/3/2013 1:25:31 PM)
|
There is no requirement anywhere in the Constitution for a warrant before a search. What is required is reasonableness. And 'reasonable' has been defined though a long series of court cases to include searches that have nothing to do with Probable Cause, such as consent, pursuant to arrest, and random check. In any case, this SC ruling isn't about searches, the Court has just held that a cheek swab is an exemplar, no more of a search than a booking photo. quote:
ORIGINAL: FelineRanger quote:
ORIGINAL: thompsonx quote:
quote: ORIGINAL: thompsonx Is it possible that there might be a reason that the founders thought it necessary to require a warrant to search a persons home?" quote:
In theory, that is also true here. However, they ask and if you refuse you are arrested on the spot for obstructing the police. Then they search your empty premises for which they don't need a warrant. That is not legal in the u.s. That cops do it is common but a good lawyer can get the evidence supressed or have the verdict overturned on appeal on constitutional grounds. That the cops would do all this and the person found to be not guilty the individual has virtually no recourse civilly against the cops for all it cost to defend himself. Beg to differ. Warrantless searches, seizures, even arrests are perfectly legal under Probable Cause, which means in layman's terms you have to have a strong belief that something illegal is going on (Seeing a meth lab through an open window, for example). In practice, however, Probable Cause means "whatever the hell I want it to mean," to quote one NJ cop. Probable cause evidence is also generally not suppressed, either. That whole "a good lawyer can ... " line of reasoning fails unless you're willing to put out OJ-type money. Otherwise, lawyers sit on their asses and do nothing while you twist in the wind.
|
|
|
|