Flushing Your Toilet Negates Your 4th Amendment Rights

[sparky]

you'd like proof in a corrupt system ?

 

[Mr.Nick]

Gerrrrrrrrr...

When will people realize the police are like the fucking gestapo... Few if them actually give a fuck or even understand the Bill of Rights...

Both liberals and conservatives (especially conservatives) are to blame for this tyranny....

If there is one thing that pisses me off about the republicans/conservatives - its the fact they adore and side with the police no matter what....

Guess what? I vote conservative, and morally I am a conservative but these cops today have become tyrants and they've been enabled by tyrannical judges that continually violate the Bill of Rights.

 

[TheBrain]

Gerrrrrrrrr...

When will people realize the police are like the fucking gestapo... Few if them actually give a fuck or even understand the Bill of Rights...

Both liberals and conservatives (especially conservatives) are to blame for this tyranny....

If there is one thing that pisses me off about the republicans/conservatives - its the fact they adore and side with the police no matter what....

Guess what? I vote conservative, and morally I am a conservative but these cops today have become tyrants and they've been enabled by tyrannical judges that continually violate the Bill of Rights.

Actually, the fact is that most of the people who have these sorts of trouble have them because they are mistaken about what THEIR rights actually are. LEOs are very well trained in regard to protecting the rights of citizens.

 

[California Girl]

I'm a pretty big civil libertarian, but this ruling just sounds like common sense to me. Of course, if we weren't blowing billions of dollars a year on arresting people for doing what they want to their own bodies then we wouldn't need to worry about this in the first place.

The issue ceases to be one of 'civil liberties' when your behavior impacts on others. I couldn't care less what anyone does, until they tell me I need to pay more to 'help' some asshole.

 

[TheBrain]

you'd like proof in a corrupt system ?

Absolutely , when someone claims that a no knock warrant was issued to arrest a man for unpaid parking tickets, I want to proof that that is true.

 

[TheBrain]

I'm a pretty big civil libertarian, but this ruling just sounds like common sense to me. Of course, if we weren't blowing billions of dollars a year on arresting people for doing what they want to their own bodies then we wouldn't need to worry about this in the first place.

The issue ceases to be one of 'civil liberties' when your behavior impacts on others. I couldn't care less what anyone does, until they tell me I need to pay more to 'help' some asshole.

Well , they easily sidestep that issue by claiming that drug users NEVER need society to pay any bills related to their drug use.

Hell, I've even seen idiots try to claim that driving while high on pot does not impair their ability to drive.

 

[Mr.Nick]

Gerrrrrrrrr...

When will people realize the police are like the fucking gestapo... Few if them actually give a fuck or even understand the Bill of Rights...

Both liberals and conservatives (especially conservatives) are to blame for this tyranny....

If there is one thing that pisses me off about the republicans/conservatives - its the fact they adore and side with the police no matter what....

Guess what? I vote conservative, and morally I am a conservative but these cops today have become tyrants and they've been enabled by tyrannical judges that continually violate the Bill of Rights.

Actually, the fact is that most of the people who have these sorts of trouble have them because they are mistaken about what THEIR rights actually are. LEOs are very well trained in regard to protecting the rights of citizens.

I know what my rights are...

You do realize the Constitution and Bill of Rights aren't that fucking difficult to understand.

I would bet anything 95% of cops wouldn't be able to explain the Tenth Amendment.

I can recite I-XXVII

I bet most cops don't even know how many amendments there are.

 

[TheBrain]

Gerrrrrrrrr...

When will people realize the police are like the fucking gestapo... Few if them actually give a fuck or even understand the Bill of Rights...

Both liberals and conservatives (especially conservatives) are to blame for this tyranny....

If there is one thing that pisses me off about the republicans/conservatives - its the fact they adore and side with the police no matter what....

Guess what? I vote conservative, and morally I am a conservative but these cops today have become tyrants and they've been enabled by tyrannical judges that continually violate the Bill of Rights.

Actually, the fact is that most of the people who have these sorts of trouble have them because they are mistaken about what THEIR rights actually are. LEOs are very well trained in regard to protecting the rights of citizens.

I know what my rights are...

You do realize the Constitution and Bill of Rights aren't that fucking difficult to understand.

I would bet anything 95% of cops wouldn't be able to explain the Tenth Amendment.

I can recite I-XXVII

I bet most cops don't even know how many amendments there are.

Proves how stupid you are and that you just want to attack police. The average cop is in fact just an average person . Meaning on average they know the Bill of Rights as well as the general public. When it comes to the Rights that pertain to police, and they all don't, LEOs tend to know MORE than the average person.

I doubt you know , for instance, shit about what LEOs may or may not do during an interview. They for sure do. The average person doesn't even know they don't have to talk LOL

 

[Mr.Nick]

Actually, the fact is that most of the people who have these sorts of trouble have them because they are mistaken about what THEIR rights actually are. LEOs are very well trained in regard to protecting the rights of citizens.

I know what my rights are...

You do realize the Constitution and Bill of Rights aren't that fucking difficult to understand.

I would bet anything 95% of cops wouldn't be able to explain the Tenth Amendment.

I can recite I-XXVII

I bet most cops don't even know how many amendments there are.

Proves how stupid you are and that you just want to attack police. The average cop is in fact just an average person . Meaning on average they know the Bill of Rights as well as the general public. When it comes to the Rights that pertain to police, and they all don't, LEOs tend to know MORE than the average person.

I doubt you know , for instance, shit about what LEOs may or may not do during an interview. They for sure do. The average person doesn't even know they don't have to talk LOL

Yeah and its been proven "average people" don't know shit about the Constitution... Cant say I'm shocked.

At any rate you may as well tell me you would welcome a raid into your home... Either that or you are a bitch cop or have ties to one...

 

[sparky]

LEOs are very well trained in regard to protecting the rights of citizens.

a tad misleading

LEO's are well trained in rights

wheatre they respect them or not, is a different story.....

 

[sparky]

Next up....

How a running sink is indicative of illegal immigrants....

 

[editec]

The smell of marijuana is the extingent circumstance that lead cops chasing a crack dealer to that door??

THEN the flushing the toilet was the extingent circumstance that allowed the cops to kick in that door?

I mean given that the drugs weren't being flushed but instead were found laying around in the living room, basically what that means is that anyone flusing a toilet is presumably destroying evidence of SOMETHING if anybody anywhere might be selling CRACK.

We are not secure in our homes, on the streets or in our cars, folks.

The SCOTUS has made our 4th amendments rights a joke.

Some of us like the police state we have become, some of us not.

Welcome to America

Sometimes you can be weird. There aren't ENOUGH cops banging on doors, in my opinion.

Understood, Mag.

Different personality types have different tolerances to authority.

I CHOOSE to live in one of the safest places in the USA, ergo, my perceived need for more cops with greater authority to kick down doors is very low.

It is very likely that if I lived in some city or region where there was a lot of crime, my POV would change.

If you REALLY don't feel safe, Mag, move to rural Maine.

 

[C_Clayton_Jones]

Justice in Dreamland
By LINDA GREENHOUSE

What the court held, in an opinion by Justice Samuel A. Alito Jr., is that warrantless entry to prevent the destruction of evidence is justified as long as the police “did not create the exigency by engaging or threatening to engage in conduct that violates the Fourth Amendment.”

“Whether the person who knocks on the door and requests the opportunity to speak is a police officer or a private citizen, the occupant has no obligation to open the door or to speak.” In other words, the occupants of the apartment not only had a right to tell the police to go away, they almost had a constitutional obligation to do so, because “occupants who choose not to stand on their constitutional rights but instead elect to attempt to destroy evidence have only themselves to blame for the warrantless exigent-circumstances search that may ensue.”

“Only themselves to blame.” But wait, there’s more. It turns out that the occupants of this apartment were not only woefully unsophisticated about the Fourth Amendment, they were also ingrates: “Citizens who are startled by an unexpected knock on the door or by the sight of unknown persons in plain clothes on their doorstep may be relieved to learn that these persons are police officers. Others may appreciate the opportunity to make an informed decision about whether to answer the door to the police.”

An opportunity to ask the officers to “hold it right there while I consult my attorney?” Let’s get real.

Justice in Dreamland - NYTimes.com

This may be Alito’s opinion, but I see the influence of Scalia and his dogma of ‘criminals’ stupidity mitigates their 4th Amendment rights.’

‘Justice in Dreamland,’ indeed.

 

[RadiomanATL]

Better headline: The 4th gets flushed down the shitter.

 

[C_Clayton_Jones]

The 4th has been swirling in the bowl for quite some time.

The undermining of the Amendment is predicated upon a legal fiction known as ‘exigent circumstances,’ allowing law enforcement search and seizure authorization sans warrant. This contrivance began in the late 60s with Terry v Ohio and continued through the 80s in a series of rulings intended to ‘fight crime,’ alleged drug offenses primarily.

There is an exception to the rule:

Exigencies created by the government cannot be the basis for excusing compliance with the warrant requirement. See, e.g., United States v. Hackett, 638 F.2d 1179, 1183-85 (9th Cir.'80), cert. denied, 450 U.S. 1001 (1981); United States v. Curran, 498 F.2d 30, 34 (9th Cir.'74). The rule has been applied only in cases where exigencies arose 'because of unreasonable and deliberate [conduct] by officers,' in which the officers ' consciously established the condition which the government now points to as an exigent circumstance.' See, e.g., Curran, 498 F.2d at 34 (emphasis added); Hackett, 638 F.2d at 1183; United States v. Calhoun, 542 F.2d 1094, 1102-03 (9th Cir.'76), cert. denied, 429 U.S. 1064 (1977). an honest miscommunication is not a case where the government purposely tried to circumvent the requirements of section 3109. Cf. Hackett, 638 F.2d at 1184-85; Curran, 498 F.2d at 33-34.

Legal Definition of 'Exigent Circumstances'

The problem is any type of police involvement can constitute a government-induced emergency. Going to the wrong door and pounding on it because you smell pot – and it’s not clear from which door the odor emanates – is a clear example of this.

It’s obvious that the fiction of exigent circumstances does not comport to the Framers’ original intent of the 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.

It says nothing about ‘disregard Amendment in case of emergency.’

That evidence may be lost because it takes too long to secure a warrant is not the concern of the Amendment – this is the codification of civil liberties, not an instrument of law enforcement.

 

[MaggieMae]

LEOs are very well trained in regard to protecting the rights of citizens.

a tad misleading

LEO's are well trained in rights

wheatre they respect them or not, is a different story.....

Well, when they don't respect rights, the arrest could be nullified and an entire court case thrown out on the technicality. Happens all the time.

 

[MaggieMae]

The smell of marijuana is the extingent circumstance that lead cops chasing a crack dealer to that door??

THEN the flushing the toilet was the extingent circumstance that allowed the cops to kick in that door?

I mean given that the drugs weren't being flushed but instead were found laying around in the living room, basically what that means is that anyone flusing a toilet is presumably destroying evidence of SOMETHING if anybody anywhere might be selling CRACK.

We are not secure in our homes, on the streets or in our cars, folks.

The SCOTUS has made our 4th amendments rights a joke.

Some of us like the police state we have become, some of us not.

Welcome to America

Sometimes you can be weird. There aren't ENOUGH cops banging on doors, in my opinion.

Understood, Mag.

Different personality types have different tolerances to authority.

I CHOOSE to live in one of the safest places in the USA, ergo, my perceived need for more cops with greater authority to kick down doors is very low.

It is very likely that if I lived in some city or region where there was a lot of crime, my POV would change.

If you REALLY don't feel safe, Mag, move to rural Maine.

I already live in rural Vermont, having moved from the second largest city here because of drug traffic arriving from Massachusetts and New York, but no additional funding for police. I feel safe now, but who knows what the next few years will bring when the drug situation has already become epidemic and law enforcement can't keep up with it? Actually, the larger question should be what's wrong with society these days that people need to be drugged in order to feel and act normally?

 

[smokin_kat]

The Supreme Court has decided the constitution doesn't apply until they say it does.

Land of the free, home of the brave, I think not. If this happens in my home I will use my second amendment rights for someone dishonoring my fourth amendment rights.

When are the people going to take up for their rights? Would you die for your rights?

 

[C_Clayton_Jones]

I already live in rural Vermont, having moved from the second largest city here because of drug traffic arriving from Massachusetts and New York, but no additional funding for police. I feel safe now, but who knows what the next few years will bring when the drug situation has already become epidemic and law enforcement can't keep up with it? Actually, the larger question should be what's wrong with society these days that people need to be drugged in order to feel and act normally?

Consider the possibility that the crime results not from the use of drugs but from society’s effort to combat the use.

The Supreme Court has decided the constitution doesn't apply until they say it does.

Land of the free, home of the brave, I think not. If this happens in my home I will use my second amendment rights for someone dishonoring my fourth amendment rights.

When are the people going to take up for their rights? Would you die for your rights?

You essentially make the Majority’s point – albeit the method is problematic.

 

[TheBrain]

LEOs are very well trained in regard to protecting the rights of citizens.

a tad misleading

LEO's are well trained in rights

wheatre they respect them or not, is a different story.....

MOST LEOs respect the rights of those they protect. There are of course a few bad apples. THey should be removed from their positions. The others should not be lumped in with them.