Kiss the 4th Amendment good bye!

Discussion in 'Stoners Lounge' started by jo_k_er_man, May 18, 2011.

  1. jo_k_er_man

    jo_k_er_man TBD

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    http://www.huffingtonpost.com/scott-morgan/what-does-the-supreme-cou_b_863415.html

    Basically in a nut shell... police were chasing a man.. he ducked into a building and the police lost him.. while searching the police smelled marijuana coming from an apartment.. knocked and announced themselves.. the cops could hear rustling.. figuring the residents were destroying evidence the police kicked in the door... and arrested Hollis King.. King challenged the police entry as a 4th Amendment violation of unreasonable searches.. in an 8-1 vote Supreme Courts found the act justified...
     
  2. deleted

    deleted Visitor

    The amendments have always been a joke. Police have always been able to do whatever they want. After your arrest you can bring it up in court.. Fuck America with a dead bin laden cock.....
     
  3. lunarverse

    lunarverse The Living End

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  4. jo_k_er_man

    jo_k_er_man TBD

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    Kentucky
     
  5. Chronquistadore

    Chronquistadore Banned

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    After reading it doesn't sound like it's out of the window or anything, just that it is certainly at risk of being abused as usual. In this case they were looking for a drug suspect, so evidence of drugs coming from an apartment could be used as evidence to say the suspect was hiding out at one of his dealer's houses or something. It is certainly a stretch, but I guess it works in this case. I'm just worried about what constitutes as the sound of "destroying evidence", sounds like bullshit.
     
  6. Meliai

    Meliai Members

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  7. Chronquistadore

    Chronquistadore Banned

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    The odor of the marijuana should have prompted the officers to get a search warrant though, they did sort of skip that necessary part of the legal process.
     
  8. deleted

    deleted Visitor

    who gives a fuck about court when you have already been ass fucked in the county jail..
     
  9. Chronquistadore

    Chronquistadore Banned

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    Yeah, the legal proceedings in our lovely country are quite fucked
     
  10. Meliai

    Meliai Members

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    I've never really been one to advocate guns and violence, but the right to bear arms and the right to resist unlawful searches and seizures are closely intertwined.

    Perhaps without one we should take full advantage of the other while we still have the chance.
     
  11. The Earth

    The Earth Om Tare Tutare Ture Svaha

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    this sounds like a job for Zombie George Washington and the Super Constitutionists.
     
  12. deleted

    deleted Visitor

    .... :sultan:
     
  13. lunarverse

    lunarverse The Living End

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    Quote of the day right here. ^^^
     
  14. Popularity

    Popularity Senior Member

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    I don't really see how this violates the 4th. It's kind of like the plain sight rule but plain smell.
     
  15. largeamount

    largeamount Senior Member

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    there are no exceptions to the 4th amendment for situations that are "kind of like the plain view rule"
     
  16. KevinH

    KevinH Just Floating Here

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    The article questions the decision, questions the limits, but doesn't say that it was wrong.

    This was also an 8-1 ruling-not a 5-4 as has been the norm lately.

    I'm not saying that our 4th Amendment rights have been severely lessened lately.

    (I'm agreeing with you)
     
  17. skamikaze

    skamikaze Coffee Addict

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    pretty bummed that this happened in my state, even more so my old town... LPD are a bunch of fucked up dudes power-trippin over college kids and african american males. Same story as 99% of the country though, I suppose.
     
  18. deleted

    deleted Visitor

    your house could have a home invasion by any law enforcement agency at any given time, and there is nothing you can do about it..
     
  19. skamikaze

    skamikaze Coffee Addict

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    yep, and that scares the shit out of me because it wouldnt be the first time they have been to my house for no real reason. They did have a warrant the last time though.
     

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