RE: Death of the 4th amendment.

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RE: Death of the 4th amendment. - 6/16/2013 9:27:56 AM

Real0ne

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quote:

ORIGINAL: BitaTruble

quote:

ORIGINAL: MrRodgers

Pot found in bag (1 gram) owner now attempting to retrieve...is charged with possession.

We know the state's case, what do you think owner's defense is ?

My first thought is the broken chain. No one knows when that pot was put into the bag or who may have put it there. The bag had been lost/forgotten and who knows how many other folks had access to the bag before it was found by the original employee at the store.

There's a bucket load of reasonable doubt. Given the scant facts, I'd say the defense can present a strong case and the state shouldn't bother wasting the tax payer dollars by trying to bring it to a trial. It's not worth it for a couple of bowls of weed that cost, what, 10 bux and that would be hard to prove belonged to the owner of the bag.

http://www.youtube.com/watch?v=WTbgsoHDc24

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RE: Death of the 4th amendment. - 6/16/2013 10:05:10 AM

kdsub

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My opinion...If the facts were as you listed then still there is no issue with the Constitution yet...We need to wait to see if there is an indictment and even then to see if the judge allows a trial to proceed.

Butch

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RE: Death of the 4th amendment. - 6/17/2013 2:57:22 PM

MrRodgers

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quote:

ORIGINAL: kdsub

My opinion...If the facts were as you listed then still there is no issue with the Constitution yet...We need to wait to see if there is an indictment and even then to see if the judge allows a trial to proceed.

Butch

To clarify...it's been to trial, last Friday. I am thinking there is still some misunderstanding. The testimony was that the manager didn't do anything to or with the bag but to take it behind the counter and wait for the police.

There are no 4th amend. exceptions that apply here. And contrary to some who have written here, the 4th amend. in fact does provide for the presumption of privacy but in law the important factor is the protection against unreasonable searches and seizures.

A reasonable search is allowed and seizure is also but only with a duly sworn warrant. In my friend's case, there was a reasonable search but an unwarranted seizure of 'evidence' of contraband. The search being a warrant-less search and thus seizure, is the violation of the 4th and requires its suppression.

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RE: Death of the 4th amendment. - 6/17/2013 4:19:51 PM

Real0ne

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not sure if res judicata applies in criminal but that is something to look up, next it is lacking probable cause (if they dont have some bullshit exception to search anyway), a due process violation, the dl suspension I would look at as creating a hardship. need to read the statutes very carefully for whatever state he is in.

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"We the Borg" of the us imperialists....resistance is futile

Democracy; The 'People' voted on 'which' amendment?

Yesterdays tinfoil is today's reality!

"No man's life, liberty, or property is safe while the legislature is in session

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RE: Death of the 4th amendment. - 6/17/2013 5:47:25 PM

kdsub

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What happened in court? I am guessing a conviction...I can't see anyone but the judge deciding on Constitutional law if it was brought up.

Butch

< Message edited by kdsub -- 6/17/2013 5:48:35 PM >

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RE: Death of the 4th amendment. - 6/20/2013 10:37:57 AM

thompsonx

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All I want to know is when do I get my dope back.

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RE: Death of the 4th amendment. - 6/20/2013 12:16:44 PM

jlf1961

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Look, if a cop pulls you over and asks to search your car, you have the right to say no. He then has to request a warrant and show just cause. Most judges wont issue a warrant on a traffic stop unless there is a good reason.

The same applies for a cop coming to your house. You have the right to refuse, but the officer can call for a warrant.

I have refused to allow a search in both situations, with one exception, when my nephew was in jail and was dumb enough to strike a CO and try to escape.

When it was a vehicle search, while the officer was making his call, I was calling my attorney. Of the three times this has happened, the judge issued one warrant. The officer found one half full box of .308 ammo in my tool box. The other two times, the officer evidently got an ear full from whoever he was talking to.

As for the house, each time they called for a warrant, they were told no probable cause. Granted I had nothing illegal in the house, but it was the principle of the thing.

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