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  1. #14
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    Jan 2007
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    N.E. Ok.
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    1,363
    They give police more latitude in domestic disturbance calls.
    They have the right to use force if necessary with no warrant to enter a residence if they suspect someone is in need.
    We currently have police here in jail with no bond awaiting trial for multiple charges including made up confidential informants, selling confiscated drugs,planting evidence, intimidating witness's in jail taking FBI plant money and a lot more. It is so bad they brought a federal prosecutor from Arkansas instead of a local federal judge.
    The main witness against the detectives is a former ATF agent who was granted immunity from prosecution. Makes you wonder when their is a knock on your door.

  2. #15
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    Jun 2002
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    Dacula, GA
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    Quote Originally Posted by RoBoTeq View Post
    Again, it just seems ridiculous to me that it is worth the cost of a door and the time that police are taken away from being available for violent crimes for police to even bother a few pot smokers or even hard drug users.

    But, since this is still the law, a good point is brought up here. Any cop can claim anything they want in order to bust down someone's door. This seems to me to be the reason for the Fourth Amendment.

    Once again though, the more laws we have, the more freedom we lose. When laws create criminals for situations where there is no victim, those laws are not in the best interest of the freedom of citizens.
    Well this is not the only example of citizens getting jacked up over nothing robo. I got pulled over and given a ticket for "crossing" a yellow line to get into an empty turning lane so I could make the turn before the turn signal would go red therefore wait forever wasting precious gas for the light to come back again.

    That cost me $150.00 and points on my record with a chance of higher insurance rates. Folks driving to work, etc are getting jacked up by in my opinion Gestapo like enforcement to raise funds to get more police to hassle more motorists instead of trying to stop thieves stealing your car or property.

    Anyhow they didn't give a flip when I had a car stolen 10 years ago. No one wanted to take the report. Sorry for digressing here off topic but citizens rights in my opinion are being pushed to the limit in the name of raising money. Thank you, thank you very much
    "I could have ended the war in a month. I could have made North Vietnam look like a mud puddle."
    "I have little interest in streamlining government or in making it more efficient, for I mean to reduce its size. I do not undertake to promote welfare, for I propose to extend freedom. My aim is not to pass laws, but to repeal them. It is not to inaugurate new programs, but to cancel old ones that do violence to the Constitution."
    Barry Goldwater

  3. #16
    Join Date
    Apr 2002
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    Omaha, NE
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    1,561
    I find this hard to admit, but I agree with Justice Ginsburg on this one (even though she's very liberal):
    "In a lone dissent, Justice Ruth Bader Ginsburg said Monday’s decision would arm the police with a way to routinely by-pass Fourth Amendment search warrant requirements in drug cases.

    “In lieu of presenting their evidence to a neutral magistrate, police officers may now knock, listen, then break the door down,” she said. “Never mind that they had ample time to obtain a warrant.”

    Justice Ginsburg said that in her view the emergency cited by police to justify the warrantless search must already exist when police arrive at the scene, not subsequent to their arrival and prompted by their own conduct.

    She said there was nothing in the record suggesting that police – before knocking – couldn’t have posted officers outside the residence while other officers sought a warrant authorizing their entry and search."
    B.O. = B.S.

  4. #17
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    Jan 2007
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    N.E. Ok.
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    Quote Originally Posted by snewman24 View Post
    I find this hard to admit, but I agree with Justice Ginsburg on this one (even though she's very liberal):
    "In a lone dissent, Justice Ruth Bader Ginsburg said Monday’s decision would arm the police with a way to routinely by-pass Fourth Amendment search warrant requirements in drug cases.

    “In lieu of presenting their evidence to a neutral magistrate, police officers may now knock, listen, then break the door down,” she said. “Never mind that they had ample time to obtain a warrant.”

    Justice Ginsburg said that in her view the emergency cited by police to justify the warrantless search must already exist when police arrive at the scene, not subsequent to their arrival and prompted by their own conduct.

    She said there was nothing in the record suggesting that police – before knocking – couldn’t have posted officers outside the residence while other officers sought a warrant authorizing their entry and search."
    I agree with her ruling also.
    They are already given more latitude on a domestic disturbance call which i have no problem with. Although it also could be abused by someone wanting revenge you have to give some leeway you just hope it's not abused.

  5. #18
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    Jun 2002
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    Dacula, GA
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    Quote Originally Posted by captube View Post
    I agree with her ruling also.
    They are already given more latitude on a domestic disturbance call which i have no problem with. Although it also could be abused by someone wanting revenge you have to give some leeway you just hope it's not abused.
    The Constitution does not distinguish what illegal activity can be used to enter one's home based on "reasonable" evidence that a law is being broken. That is left to the states.

    If GA says you can do it based on evidence marijuana being smoked and California says it is not then that is OK. States have the right to govern themselves within the limits of the Constitution. That is my opinion. Thank you, thank you very much.
    "I could have ended the war in a month. I could have made North Vietnam look like a mud puddle."
    "I have little interest in streamlining government or in making it more efficient, for I mean to reduce its size. I do not undertake to promote welfare, for I propose to extend freedom. My aim is not to pass laws, but to repeal them. It is not to inaugurate new programs, but to cancel old ones that do violence to the Constitution."
    Barry Goldwater

  6. #19
    Join Date
    Nov 2000
    Location
    Eastern PA
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    68,923
    Quote Originally Posted by captube View Post
    They give police more latitude in domestic disturbance calls.
    They have the right to use force if necessary with no warrant to enter a residence if they suspect someone is in need.
    We currently have police here in jail with no bond awaiting trial for multiple charges including made up confidential informants, selling confiscated drugs,planting evidence, intimidating witness's in jail taking FBI plant money and a lot more. It is so bad they brought a federal prosecutor from Arkansas instead of a local federal judge.
    The main witness against the detectives is a former ATF agent who was granted immunity from prosecution. Makes you wonder when their is a knock on your door.
    This is good. At least there seems to be true justice being served. I'm sure that it is not this fair in Chicagoland and other corrupt police areas, but it seems to be working in your area.

    Incidentally, if you are one to keep home protection and you believe the one knocking down your door is ATF, aim for the head shot, because they will be wearing body protection and if you shoot, it better count.
    Government is a disease...
    ...masquerading as its own cure…
    Ecclesiastes 10:2 NIV


  7. #20
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    Nov 2000
    Location
    Eastern PA
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    Quote Originally Posted by glennac View Post
    Well this is not the only example of citizens getting jacked up over nothing robo. I got pulled over and given a ticket for "crossing" a yellow line to get into an empty turning lane so I could make the turn before the turn signal would go red therefore wait forever wasting precious gas for the light to come back again.

    That cost me $150.00 and points on my record with a chance of higher insurance rates. Folks driving to work, etc are getting jacked up by in my opinion Gestapo like enforcement to raise funds to get more police to hassle more motorists instead of trying to stop thieves stealing your car or property.

    Anyhow they didn't give a flip when I had a car stolen 10 years ago. No one wanted to take the report. Sorry for digressing here off topic but citizens rights in my opinion are being pushed to the limit in the name of raising money. Thank you, thank you very much
    I feel your pain on this subject, Glenn. I am actually preferring PA pigs over MD because of the point system.

    In MD, you get points with every moving violation that stay on your record for a minimum of five years and then only come off if you pay to have them purged.

    In PA, they just want your money. Even if you get points, two points come off every year you don't get any more violations. I just got nailed for nearly two hundred dollars for five miles over the limit on a rainy day. You better believe that officer was getting desperate to boost the new park fund.
    Government is a disease...
    ...masquerading as its own cure…
    Ecclesiastes 10:2 NIV


  8. #21
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    Nov 2000
    Location
    Eastern PA
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    Quote Originally Posted by snewman24 View Post
    I find this hard to admit, but I agree with Justice Ginsburg on this one (even though she's very liberal):
    "In a lone dissent, Justice Ruth Bader Ginsburg said Monday’s decision would arm the police with a way to routinely by-pass Fourth Amendment search warrant requirements in drug cases.

    “In lieu of presenting their evidence to a neutral magistrate, police officers may now knock, listen, then break the door down,” she said. “Never mind that they had ample time to obtain a warrant.”

    Justice Ginsburg said that in her view the emergency cited by police to justify the warrantless search must already exist when police arrive at the scene, not subsequent to their arrival and prompted by their own conduct.

    She said there was nothing in the record suggesting that police – before knocking – couldn’t have posted officers outside the residence while other officers sought a warrant authorizing their entry and search."
    I agree with this as well. I feel like I'm being wishy washy here, but there are small nuances that need to be addressed in each instance.

    In this case, there was no indication that anyone was being harmed. Are police really that hard up up to nail a drug user? Is it really worth losing our rights to being safe from those who are supposed to protect and serve us in order to catch someone with a dime bag or even a pound, which is about the most you are going to get down a toilet with one flushing. (So I've heard )
    Government is a disease...
    ...masquerading as its own cure…
    Ecclesiastes 10:2 NIV


  9. #22
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    Nov 2000
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    Eastern PA
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    Quote Originally Posted by glennac View Post
    The Constitution does not distinguish what illegal activity can be used to enter one's home based on "reasonable" evidence that a law is being broken. That is left to the states.

    If GA says you can do it based on evidence marijuana being smoked and California says it is not then that is OK. States have the right to govern themselves within the limits of the Constitution. That is my opinion. Thank you, thank you very much.
    Once again, I have to agree on your opinion here. It makes sense that the U.S. Constitution and Bill of Rights outlines our basic rights with the individual States defining the details of those rights.
    Government is a disease...
    ...masquerading as its own cure…
    Ecclesiastes 10:2 NIV


  10. #23
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    Apr 2002
    Location
    Omaha, NE
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    Quote Originally Posted by RoBoTeq View Post
    I feel your pain on this subject, Glenn. I am actually preferring PA pigs over MD because of the point system.

    In MD, you get points with every moving violation that stay on your record for a minimum of five years and then only come off if you pay to have them purged.

    In PA, they just want your money. Even if you get points, two points come off every year you don't get any more violations. I just got nailed for nearly two hundred dollars for five miles over the limit on a rainy day. You better believe that officer was getting desperate to boost the new park fund.
    Hey Robo - I'm so bored tonight I actually looked up Maryland & PA driving points & driver records. Maryland points are dropped off after 2 years (pg.27) and the record of violations can be expunged(pg.31) if you're a good boy for 3 yrs. (with limitations) and I don't see anything about a fee for expungement.

    http://www.mva.maryland.gov/resources/dl-002a.pdf

    In PA "3" points come off every year you don't get anymore.

    http://www.dmv.state.pa.us/pdotforms...ets/pub472.pdf
    B.O. = B.S.

  11. #24
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    Nov 2000
    Location
    Eastern PA
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    Quote Originally Posted by snewman24 View Post
    Hey Robo - I'm so bored tonight I actually looked up Maryland & PA driving points & driver records. Maryland points are dropped off after 2 years (pg.27) and the record of violations can be expunged(pg.31) if you're a good boy for 3 yrs. (with limitations) and I don't see anything about a fee for expungement.

    http://www.mva.maryland.gov/resources/dl-002a.pdf

    In PA "3" points come off every year you don't get anymore.

    http://www.dmv.state.pa.us/pdotforms...ets/pub472.pdf
    Maryland lightened up since I moved away 6 years ago. Insurance companies would go back 5 years. Oh, wait a minute. I am mixing up the points and how long the incident stays on the record. The insurance companies will penalize you even if the points came off. That's why it is best to pay to have your record purged.

    I thought PA was 2 per year. 3 is even better.
    Government is a disease...
    ...masquerading as its own cure…
    Ecclesiastes 10:2 NIV


  12. #25
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    Apr 2002
    Location
    Omaha, NE
    Posts
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    I wish I could get mine expunged after 3 yrs. - I'm stuck with them for 5 yrs.
    B.O. = B.S.

  13. #26
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    Aug 2009
    Location
    Jurupa Valley, CA
    Posts
    1,658
    The key word in the constitution is 'unreasonable'. To me, even the active pursuit of a drug user, using in his own home, outside the purview of public safety, is never reasonable. It goes beyond the role of peace officers. At the same time, i feel all drug use laws are on their face unconstitutional. The tenth amendment restricts federal power to those explicitly given in the constitution. All other powers are to be at the state level. If a state want's to make pot illegal, they can.. but it is unconstitutional for the federal government to do so.

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