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Let's talk about altering the Supreme Court....

newtboy says...

The Fourth Amendment explicitly affirms the “right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.” The Fifth Amendment in its Self-Incrimination Clause enables the citizen to create a zone of privacy which government may not force him to surrender. The 14th amendment “due process clause” has been interpreted to also affirm a right to privacy.

https://www.aclu.org/other/students-your-right-privacy

Sure sounds like rights to privacy are right there in the bill of rights though, an addendum to the constitution, as explained in numerous Supreme Court rulings.

<SIGH>. I thought you said “Pedantry is tiresome. Tell your friends.” Maybe take your own advice?

Some light reading…. In January 1973, the Supreme Court issued a 7–2 decision in McCorvey's favor ruling that the Due Process Clause of the Fourteenth Amendment to the United States Constitution provides a "right to privacy" that protects a pregnant woman's right to choose whether to have an abortion. It also ruled that this right is not absolute and must be balanced against governments' interests in protecting women's health and prenatal life.[4][5] The Court resolved this balancing test by tying state regulation of abortion to the three trimesters of pregnancy: during the first trimester, governments could not prohibit abortions at all; during the second trimester, governments could require reasonable health regulations; during the third trimester, abortions could be prohibited entirely so long as the laws contained exceptions for cases when they were necessary to save the life or health of the mother.[5] The Court classified the right to choose to have an abortion as "fundamental", which required courts to evaluate challenged abortion laws under the "strict scrutiny" standard, the highest level of judicial review in the United States.

dogboy49 said:

To me, the current crop of justices seem to be less willing to deviate from the Constitution as written. Should abortion be allowed? IMO, yes. BUT, are laws banning abortion unconstitutional? According to the Constitution as written and amended, probably not. Roe v Wade was written by a court that believed that abortion and the "right to privacy" should carry the weight of constitutional law, even though the Constitution is silent on these "rights".

My suggestion: If abortion should be considered to be a "right", then so amend the Constitution. Otherwise, it will be subject to the vagaries of "interpretation" forever.

Making snow cones out of snow (New York Blizzard edition)

eric3579 says...

What perspective? I just want to know the legality of it. My limited understanding is that under the fourth amendment It's illegal for a cop to pull you over without probable cause. Regardless of reason. Even if he's being friendly and just wants to check out your car.

Mekanikal said:

I guess it's a matter of perspective. Yeah, using authoritative power to detain people in order to ask about their car because the officer is a car enthusiast is kind of a dick move, but I don't know what law they're breaking. I'd rather that than a speeding ticket. It also makes an opportunity to make a friend on the inside....

Stop and Seize

SDGundamX says...

WTF, America... seriously *wtf? How is this not unconstitutional under the Fourth Amendment?

This video shows clearly why you should never, EVER, under any circumstances, waive your rights. As long as you don't have anything illegal in plain sight to give them probable cause, they have absolutely no authority to search your vehicle without a warrant and you are under no obligation to tell them what your vehicle is carrying (thus doing the search for them). You should respond to any requests to search your vehicle or your person with "Officer, I know you're just doing your job but I do not consent to any searches."

This site has great advice for how to handle being pulled over in a way that maximizes your protection.

http://www.flexyourrights.org/faqs/when-can-police-search-your-car/

On Edward Snowden (Blog Entry by dag)

chris hayes-jeremy scahill-the bush/obama relationship

enoch says...

@VoodooV
hmmmm.../taps fingers.
i dont think we are making any progress.
mainly because i dont know if you are directing your commentary towards me or the video itself.

understand i am not trying to impose my opinion on you as sacrosanct.
that is not my intent.
but i also think glossing over these events with generalities that we both are aware of serves nothing for the discussion.

i teach history and governments.

i am also highly distrustful of governments or to be more accurate:power/authority.

so lets change this up a bit.
let me ask you on how YOU perceive the current state of affairs.

1.do you feel,as some other people do,that this data dragnet by the NSA is a fake scandal? that is just hyped partisan politics and the government is only doing what is always has done?
and if so.why?

2.in regards to the estimated 125 million correspondence confiscated,along with the AP reporters emails and phone records.do you feel the US government is justified is mining such information? that the "war on terror" knows no boundaries and the government must be forever vigilant in collecting such information.

3.if you agree that the US government has the right to spy on its citizens then how do you feel about the fourth amendment and how it pertains to "reasonable search and seizure"? would this not be in direct conflict with that amendment and is dealing with its own citizens as 'suspicious"?

4.do you agree with the governments counter-argument that a.what they are doing is legal and b.if your not doing anything wrong then you have nothing to worry about.

i understand you are trying to give a more even-handed and more reasonable perspective concerning this but i truly want to understand how a differing opinion views all this.
my goal is to understand.

because i have been watching this unfold and the more that comes out the more it chills my blood.
historically these things always go in a particular direction and it is not pretty.
power wishes only to retain its power.

Democracy Now! - "A Massive Surveillance State" Exposed

enoch says...

@dystopianfuturetoday
i could not disagree more with your mr simon.

his article smacks of a "lets be reasonable" flavor but it lacks the meat of understanding.

they suspend habeas corpus and we do nothing.
they make it legal to target american citizens and we do nothing.
they create a giant dragnet to collect data from american citizens...all under the auspices of "national security".but dont worry.we dont READ your data..and we do nothing.
they flip the fourth amendment on its head and change "innocent until proven guilty: into "we have suspicions"

and we do nothing.

i guess this all comes down to perspective.
if one still believes in the ideology of a government "by the people for the people" then i guess i can understand a more..optimistic view.

but i cannot hold that such an ideology is still in practice.

i have watched this administration target whistleblowers,protesters and journalists.
anybody who sought to undermine the authority of this government.

i have watched as our government stacked lie upon lie in defense of their actions and when caught it is always the same excuse/reason:national security.

but here is a truth that has held over the centuries:governments lie

the american experiment will not end with a loud clash of ideals and a fight for freedom but rather a whimper and a sigh.

all because we did nothing.

a good article that addresses this very subject:
http://www.alternet.org/civil-liberties/surveillance-nsa?page=0%2C0

Democracy Now! - NSA Targets "All U.S. Citizens"

MrFisk says...

"Transcript

This is a rush transcript. Copy may not be in its final form.

JUAN GONZÁLEZ: A leaked top-secret order has revealed the Obama administration is conducting a massive domestic surveillance program by collecting telephone records of millions of Verizon Business customers. Last night The Guardian newspaper published a classified order issued by the Foreign Intelligence Surveillance Court directing Verizon’s Business Network Services to give the National Security Agency electronic data, including all calling records on a, quote, "ongoing, daily basis." The order covers each phone number dialed by all customers along with location and routing data, and with the duration and frequency of the calls, but not the content of the communications. The order expressly compels Verizon to turn over records for both international and domestic records. It also forbids Verizon from disclosing the existence of the court order. It is unclear if other phone companies were ordered to hand over similar information.

AMY GOODMAN: According to legal analysts, the Obama administration relied on a controversial provision in the USA PATRIOT Act, Section 215, that authorizes the government to seek secret court orders for the production of, quote, "any tangible thing relevant to a foreign intelligence or terrorism investigation." The disclosure comes just weeks after news broke that the Obama administration had been spying on journalists from the Associated Press and James Rosen, a reporter from Fox News.

We’re now joined by two former employees of the National Security Agency, Thomas Drake and William Binney. In 2010, the Obama administration charged Drake with violating the Espionage Act after he was accused of leaking classified information to the press about waste and mismanagement at the agency. The charges were later dropped. William Binney worked for almost 40 years at the NSA. He resigned shortly after the September 11th attacks over his concern over the increasing surveillance of Americans. We’re also joined in studio here by Shayana Kadidal, senior managing attorney at the Center for Constitutional Rights.

First, for your legal opinion, Shayana, can you talk about the significance of what has just been revealed?

SHAYANA KADIDAL: Sure. So I think, you know, we have had stories, including one in USA Today in May 2006, that have said that the government is collecting basically all the phone records from a number of large telephone companies. What’s significant about yesterday’s disclosure is that it’s the first time that we’ve seen the order, to really appreciate the sort of staggeringly broad scope of what one of the judges on this Foreign Intelligence Surveillance Court approved of, and the first time that we can now confirm that this was under Section 215 of the PATRIOT Act, which, you know, has been dubbed the libraries provision, because people were mostly worried about the idea that the government would use it to get library records. Now we know that they’re using it to get phone records. And just to see the immense scope of this warrant order, you know, when most warrants are very narrow, is really shocking as a lawyer.

JUAN GONZÁLEZ: Well, some might argue that the Obama administration at least went to the FISA court to get approval for this, unlike the Bush administration in the past.

SHAYANA KADIDAL: Right. Well, we don’t know if the Bush administration was, you know, getting these same orders and if this is just a continuation, a renewal order. It lasted for only—it’s supposed to last for only three months, but they may have been getting one every three months since 2006 or even earlier. You know, when Congress reapproved this authority in 2011, you know, one of the things Congress thought was, well, at least they’ll have to present these things to a judge and get some judicial review, and Congress will get some reporting of the total number of orders. But when one order covers every single phone record for a massive phone company like Verizon, the reporting that gets to Congress is going to be very hollow. And then, similarly, you know, when the judges on the FISA court are handpicked by the chief justice, and the government can go to a judge, as they did here, in North Florida, who was appointed by Ronald Reagan, who’s 73 years old and is known as a draconian kind of hanging judge in his sentencing, and get some order that’s this broad, I think both the judicial review and the congressional oversight checks are very weak.

AMY GOODMAN: And, of course, this is just Verizon, because that’s what Glenn Greenwald of The Guardian got a hold of. That doesn’t mean that there aren’t other orders for the other telephone companies, right?

SHAYANA KADIDAL: Absolutely.

AMY GOODMAN: Like BellSouth, like AT&T, etc.

SHAYANA KADIDAL: Right.

AMY GOODMAN: As there have been in the past.

SHAYANA KADIDAL: Yeah, those were—those were companies mentioned in that USA Today story in 2006. Nothing about the breadth of this order indicates that it’s tied to any particular national security investigation, as the statute says it has to be. So, some commentators yesterday said, "Well, this order came out on—you know, it’s dated 10 days after the Boston attacks." But it’s forward-looking. It goes forward for three months. Why would anyone need to get every record from Verizon Business in order to investigate the Boston bombings after they happened?

JUAN GONZÁLEZ: And, William Binney, a decades-long veteran of the NSA, your reaction when you heard about this news?

WILLIAM BINNEY: Well, this was just the FBI going after data. That was their request. And they’re doing that because they—if they want to try to get it—they have to have it approved by a court in order to get it as evidence into a courtroom. But NSA has been doing all this stuff all along, and it’s been all the companies, not just one. And I basically looked at that and said, well, if Verizon got one, so did everybody else, which means that, you know, they’re just continuing the collection of this kind of information on all U.S. citizens. That’s one of the main reasons they couldn’t tell Senator Wyden, with his request of how many U.S. citizens are in the NSA databases. There’s just—in my estimate, it was—if you collapse it down to all uniques, it’s a little over 280 million U.S. citizens are in there, each in there several hundred to several thousand times.

AMY GOODMAN: In fact, let’s go to Senator Wyden. A secret court order to obtain the Verizon phone records was sought by the FBI under a section of the Foreign Intelligence Surveillance Act that was expanded by the PATRIOT Act. In 2011, Democratic Senator Ron Wyden warned about how the government was interpreting its surveillance powers under Section 215 of the PATRIOT Act.

SEN. RON WYDEN: When the American people find out how their government has secretly interpreted the PATRIOT Act, they are going to be stunned, and they are going to be angry. And they’re going asked senators, "Did you know what this law actually permits? Why didn’t you know before you voted on it?" The fact is, anyone can read the plain text of the PATRIOT Act, and yet many members of Congress have no idea how the law is being secretly interpreted by the executive branch, because that interpretation is classified. It’s almost as if there were two PATRIOT Acts, and many members of Congress have not read the one that matters. Our constituents, of course, are totally in the dark. Members of the public have no access to the secret legal interpretations, so they have no idea what their government believes the law actually means.

AMY GOODMAN: That’s Senator Ron Wyden. He and Senator Udall have been raising concerns because they sit on the Senate Intelligence Committee but cannot speak out openly exactly about what they know. William Binney, you left the agency after September 2001, deeply concerned—this is after you’d been there for 40 years—about the amount of surveillance of U.S. citizens. In the end, your house was raided. You were in the shower. You’re a diabetic amputee. The authorities had a gun at your head. Which agency had the gun at your head, by the way?

WILLIAM BINNEY: That was the FBI.

AMY GOODMAN: You were not charged, though you were terrorized. Can you link that to what we’re seeing today?

WILLIAM BINNEY: Well, it’s directly linked, because it has to do with all of the surveillance of the U.S. citizens that’s been going on since 9/11. I mean, that’s—they were getting—from just one company alone, that I knew of, they were getting over 300 million call records a day on U.S. citizens. So, I mean, and when you add the rest of the companies in, my estimate was that there were probably three billion phone records collected every day on U.S. citizens. So, over time, that’s a little over 12 trillion in their databases since 9/11. And that’s just phones; that doesn’t count the emails. And they’re avoiding talking about emails there, because that’s also collecting content of what people are saying. And that’s in the databases that NSA has and that the FBI taps into. It also tells you how closely they’re related. When the FBI asks for data and the court approves it, the data is sent to NSA, because they’ve got all the algorithms to do the diagnostics and community reconstructions and things like that, so that the FBI can—makes it easier for the FBI to interpret what’s in there.

JUAN GONZÁLEZ: We’re also joined by Thomas Drake, who was prosecuted by the Obama administration after he blew the whistle on mismanagement and waste and constitutional violations at the NSA. Thomas Drake, your reaction to this latest revelation?

THOMAS DRAKE: My reaction? Where has the mainstream media been? This is routine. These are routine orders. This is nothing new. What’s new is we’re actually seeing an actual order. And people are somehow surprised by it. The fact remains that this program has been in place for quite some time. It was actually started shortly after 9/11. The PATRIOT Act was the enabling mechanism that allowed the United States government in secret to acquire subscriber records of—from any company that exists in the United States.

I think what people are now realizing is that this isn’t just a terrorist issue. This is simply the ability of the government in secret, on a vast scale, to collect any and all phone call records, including domestic to domestic, local, as well as location information. We might—there’s no need now to call this the Foreign Intelligence Surveillance Court. Let’s just call it the surveillance court. It’s no longer about foreign intelligence. It’s simply about harvesting millions and millions and millions of phone call records and beyond. And this is only just Verizon. As large as Verizon is, with upwards of 100 million subscribers, what about all the other telecoms? What about all the other Internet service providers? It’s become institutionalized in this country, in the greatest of secrecy, for the government to classify, conceal not only the facts of the surveillance, but also the secret laws that are supporting surveillance.

AMY GOODMAN: Thomas Drake, what can they do with this information, what’s called metadata? I mean, they don’t have the content of the conversation, supposedly—or maybe we just don’t see that, that’s under another request, because, remember, we are just seeing this one, for people who are listening and watching right now, this one request that is specifically to—and I also want to ask you: It’s Verizon Business Services; does that have any significance? But what does it mean to have the length of time and not the names of, but where the call originates and where it is going, the phone numbers back and forth?

THOMAS DRAKE: You get incredible amounts of information about subscribers. It’s basically the ability to forward-profile, as well as look backwards, all activities associated with those phone numbers, and not only just the phone numbers and who you called and who called you, but also the community of interests beyond that, who they were calling. I mean, we’re talking about a phenomenal set of records that is continually being added to, aggregated, year after year and year, on what have now become routine orders. Now, you add the location information, that’s a tracking mechanism, monitoring tracking of all phone calls that are being made by individuals. I mean, this is an extraordinary breach. I’ve said this for years. Our representing attorney, Jesselyn Radack from the Government Accountability Project, we’ve been saying this for years and no—from the wilderness. We’ve had—you’ve been on—you know, you’ve had us on your show in the past, but it’s like, hey, everybody kind of went to sleep, you know, while the government is harvesting all these records on a routine basis.

You’ve got to remember, none of this is probable cause. This is simply the ability to collect. And as I was told shortly after 9/11, "You don’t understand, Mr. Drake. We just want the data." And so, the secret surveillance regime really has a hoarding complex, and they can’t get enough of it. And so, here we’re faced with the reality that a government in secret, in abject violation of the Fourth Amendment, under the cover of enabling act legislation for the past 12 years, is routinely analyzing what is supposed to be private information. But, hey, it doesn’t matter anymore, right? Because we can get to it. We have secret agreements with the telecoms and Internet service providers and beyond. And we can do with the data anything we want.

So, you know, I sit here—I sit here as an American, as I did shortly after 9/11, and it’s all déjà vu for me. And then I was targeted—it’s important to note, I—not just for massive fraud, waste and abuse; I was specifically targeted as the source for The New York Times article that came out in December of 2005. They actually thought that I was the secret source regarding the secret surveillance program. Ultimately, I was charged under the Espionage Act. So that should tell you something. Sends an extraordinarily chilling message. It is probably the deepest, darkest secret of both administrations, greatly expanded under the Obama administration. It’s now routine practice.

JUAN GONZÁLEZ: Shayana, I’d like to ask you, specifically that issue of the FISA court also authorizing domestic surveillance. I mean, is there—even with the little laws that we have left, is there any chance for that to be challenged, that the FISA court is now also authorizing domestic records being surveiled?

AMY GOODMAN: FISA being Foreign Intelligence Surveillance Act.

SHAYANA KADIDAL: Right. I mean, you know, two things about that. First, the statute says that there have to be reasonable grounds to think that this information is relevant to an investigation of either foreign terrorist activity or something to do with a foreign power. So, you know, obviously, this perhaps very compliant judge approved this order, but it doesn’t seem like this is what Congress intended these orders would look like. Seems like, on the statute, that Congress intended they would be somewhat narrower than this, right?

But there’s a larger question, which is that, for years, the Supreme Court, since 1979, has said, "We don’t have the same level of protection over, you know, the calling records—the numbers that we dial and how long those calls are and when they happen—as we do over the contents of a phone call, where the government needs a warrant." So everyone assumes the government needs a warrant to get at your phone records and maybe at your emails, but it’s not true. They just basically need a subpoena under existing doctrine. And so, the government uses these kind of subpoenas to get your email records, your web surfing records, you know, cloud—documents in cloud storage, banking records, credit records. For all these things, they can get these extraordinarily broad subpoenas that don’t even need to go through a court.

AMY GOODMAN: Shayana, talk about the significance of President Obama nominating James Comey to be the head of the FBI—

SHAYANA KADIDAL: One of the—

AMY GOODMAN: —and who he was.

SHAYANA KADIDAL: Right. One of the grand ironies is that Obama has nominated a Republican who served in the Bush administration for a long time, a guy with a reputation as being kind of personally incorruptable. I think, in part, he nominated him to be the head of the FBI, the person who would, you know, be responsible for seeking and renewing these kind of orders in the future, for the next 10 years—he named Comey, a Republican, because he wanted to, I think, distract from the phone record scandal, the fact that Holder’s Justice Department has gone after the phone records of the Associated Press and of Fox News reporter James Rosen, right?

And you asked, what can you tell from these numbers? Well, if you see the reporter called, you know, five or six of his favorite sources and then wrote a particular report that divulged some embarrassing government secret, that’s—you know, that’s just as good as hearing what the reporter was saying over the phone line. And so, we had this huge, you know, scandal over the fact that the government went after the phone records of AP, when now we know they’re going after everyone’s phone records, you know. And I think one of the grand ironies is that, you know, he named Comey because he had this reputation as being kind of a stand-up guy, who stood up to Bush in John Ashcroft’s hospital room in 2004 and famously said, "We have to cut back on what the NSA is doing." But what the NSA was doing was probably much broader than what The New York Times finally divulged in that story in December ’05.

AMY GOODMAN: Very quickly, will Glenn Greenwald now be investigated, of The Guardian, who got the copy of this, so that they can find his leak, not to mention possibly prosecute him?

SHAYANA KADIDAL: Oh, I think absolutely there will be some sort of effort to go after him punitively. The government rarely tries to prosecute people who are recognized as journalists. And so, Julian Assange maybe is someone they try to portray as not a journalist. Glenn Greenwald, I think, would be harder to do. But there are ways of going after them punitively that don’t involve prosecution, like going after their phone records so their sources dry up.

AMY GOODMAN: I saw an astounding comment by Pete Williams, who used to be the Pentagon spokesperson, who’s now with NBC, this morning, talking—he had talked with Attorney General Eric Holder, who had said, when he goes after the reporters—you know, the AP reporters, the Fox reporter—they’re not so much going after them; not to worry, they’re going after the whistleblowers. They’re trying to get, through them, the people. What about that, that separation of these two?

SHAYANA KADIDAL: Right. I’ll give you an example from the AP. They had a reporter named, I believe, John Solomon. In 2000, he reported a story about the botched investigation into Robert Torricelli. The FBI didn’t like the fact that they had written this—he had written this story about how they dropped the ball on that, so they went after his phone records. And three years later, he talked to some of his sources who had not talked to him since then, and they said, "We’re not going to talk to you, because we know they’re getting your phone records."

AMY GOODMAN: We want to thank you all for being with us. Shayana Kadidal of the Center for Constitutional Rights. William Binney and Thomas Drake both worked for the National Security Agency for years, and both ultimately resigned. Thomas Drake was prosecuted. They were trying to get him under the Espionage Act. All of those charges were dropped. William Binney held at gunpoint by the FBI in his shower, never prosecuted. Both had expressed deep concern about the surveillance of American citizens by the U.S. government. You can go to our website at democracynow.org for our hours of interviews with them, as well." - Democracy Now!

Top DHS checkpoint refusals

siftbot says...

Tags for this video have been changed from 'dhs, stop, detained, top, refusal' to 'dhs, stop, detained, top, refusal, Fourth Amendment' - edited by MrFisk

Police perform illegal house-to-house raids in Boston

newtboy says...

No, but absence of evidence is absence of evidence. Do I need more periods for that to make sense? Reports/leads. are. not. factual. evidence.
Are you suggesting that they should have had the right to invade any home or neighborhood that a tipster mentioned to them, because you seem to be. And you call me a nutjob? Hmmm.
To address your previous rant...
Because one person may have posed a danger to some does not suspend the rule of law, which requires EVIDENCE, not a guess, that there is actually 'imminent danger' of harm or destruction of evidence or escape...they could not have had that for random searches in Boston, if there were any.
I agree, your ignorance is embarrassing. Searching based on hunch or guess is unreasonable. Simple enough?
It's funny that you have apparently pegged me into some hole you dislike, because you know far less about me that we know about the bombers activities in the hour being discussed and have already made numerous quick false assumptions, but that's your prerogative.
I understand the fourth amendment, it has been widely interpreted by many. You seem to believe that anyone with a different interpretation from yours must be a brain dead idiot that needs a spanking. I simply feel that anyone that wants to freely give up the rights that many paid dearly to secure should instead move to somewhere that already governs the way they would like. They do exist, and I meant it about Australia, it seems great but it's not the USA.
edit: please don't take that as 'if you don't like it then get out!', it is a reasonable idea for those unhappy with the way the current system is working out, especially given the difficulty of changing it.
I take your argument to the logical conclusion, which is that if you think dangerous criminals in the area makes random searches legal, then you think the police may enter your home at any time, you have said nothing to dispute that, just called it dumb and BS. If one murderer is dangerous and worthy or house to house search, is another somehow not? Please explain and cite where the law draws the line.
Please attempt to make a rational argument and not a third grade name calling session. I made no flights from logic that I can see and freely stated I was commenting based on the 'facts' in the description, and did not resort to name calling.
Recall what one of the smartest founding fathers famously said (and quadrophonic kindly reminded me of) "Those that would sacrifice essential liberty for a little temporary safety deserve neither." Benjamin Franklin

Fletch said:

Oh, for fuck's sake...

Just. Because. The. Suspects. Didn't. Return. To. Boston. Does. Not. Mean. That. The. Police. Had. No. Evidence/reports/leads. That. They. Had. Returned. To. Boston.

I read somewhere (and it could be bullshit) they were fielding 300 tips a minute at one point. Bullshit or not, following up leads, even false leads, is part of police work. Absence of evidence is not evidence of absence.

Police perform illegal house-to-house raids in Boston

Fletch says...

This one suspect was not a threat to the entire Boston area, and did not make what amounts to Martial law without the declaration right.

Says you. You have no idea what they knew or didn’t know. How many people would he have to endanger to declare martial law (which they didn’t)? This idiotic logic you choose to use, that 1 man couldn’t possibly be a risk to ¾ million people, completely ignores that he was, as evidenced by his actions up to that point, a danger to some of those ¾ million people. I can’t believe I’m actually defending the cops, but defending the public is exactly what I believe their jobs should be (as opposed to primarily raising revenue by writing tickets), and until I see evidence to the contrary, it appears they did just that with the knowledge of the situation and the suspects that they had at the time, and until you can show different, the warrantless searches seemed reasonable.
If you think being scared is the best reason to give up your rights to privacy and freedom from search and seizure, you don't understand the USA and perhaps should move to one of those other countries that agree with you, there are many.

You don’t have a right to freedom from search and seizure. You have a right to freedom from unreasonable search and seizure. Living in a free country gives you the right to be as ignorant as you wish about the Fourth Amendment of the Constitution, but demonstrating that ignorance in a public forum such as this should be embarrassing.
Now, we appear to have a comprehension problem...I said I disagree with those claiming this was some conspiracy or even a compliance test. I did not say, and have not heard anyone else say (besides the suspects father) that this was perpetrated by the government, that's a pretty big jump there. The implication is that the police are using the fear violate people's rights thinking they'll be either be justified in their actions or at least get away with them.

I have heard some say” is the most common and sleazy way of introducing an idea one has not a lick of evidence for, but wants to wedge into the conversation because it supports, again, a narrative he/she wants to advance. You said it and then only denied you were one who said it. You went on to truss up the notion of “compliance test”, and imply your agreement of it, with “difficult to argue against that idea”, and then revealed your conspiracy nuttery with “so they don't want to (or can't afford) to do this again”. The next paragraph’s lame appeal to patriotism and nationalist dogma betrays an authoritarian worldview. You don’t have a reading comprehension problem. You have a reality comprehension problem.
Sadly they would likely be right, thanks in large part to people like Fletch that don't understand or agree with the freedom from 'search and seizure'.

Unlike you, I understand what the Fourth Amendment says, but I'm pretty sure I also understand what you and your ilk wish it would say. Again (again), you choose to detach “unreasonable” from “search and seizure”, which, I think, demonstrates that even you realize the invalidity of your blustering, and that your primary purpose here is to advance a narrative.

{snipped lots of ridiculous, ignorant horseshit of personal beliefs about police actions and procedures he has no evidence whatsoever to support; read it above if you need a chuckle; #youtubelawyer}
Again, you appear to suggest that the police may enter your home to search for dangerous criminals at any time they choose in the name of safety because they are dangerous criminals and MAY be in your home, they are certainly in the area. That's just plain dumb and shows lack of forethought and lack of understanding of the right to be free from search and seizure, especially in your own home.

I didn’t suggest anything of the sort, although you continue on in your paragraph with the false presumption that I did. I don't even know of anybody who does suggest it. It only seems to exist in your paranoid fantasies. Do you have any point or argument that you didn’t pull out of your ass, or anything that doesn’t rely upon some other bit of info you assumed, presumed, or just fabricated? This isn’t YouTube. You can find support here, but your bullshit will be called, and criticism won’t be muted by the endless scroll of a thousand comments.
If you want to give up your rights because your a coward, move. I hear Australia is nice.

Oy... more authoritarian nuttery. Australia is awesome, btw. Bravest thing their government ever did was pass effective gun control. That we should have such courage…


Edit: Went a leeetle too far

NRA: The Untold Story of Gun Confiscation After Katrina

siftbot says...

Tags for this video have been changed from 'confiscation, fourth amendment, illegal, national gaurd, FEMA, test run' to 'confiscation, fourth amendment, illegal, national guard, FEMA, test run' - edited by calvados

Anonymous Responds To Sandy Hook School Shooting

When Should You Shoot a Cop?

csnel3 says...

Ok, I'll start with a few things that most people would probably agree with, but the police force currently would fight like hell to avoid. How about we decide to actually punish cops who break existing rules and laws. Use testing to weed out unbalanced power hungry or corrupt types from becoming cops. QUIT hiring COMBAT veterans to become PEACE officers. I'm sure there are many things that could be done to fix the problem with the police, its just that it's not being done because the police think the only problem is that we, the lowly people, dont always follow ALL commands,and sometimes we need to be put in our place. >> ^shveddy:
False dichotomy, among other things. There are innumerable intermediate steps between "allowing them to do whatever they want to you" and "shooting the motherfuckers." I'll admit that there is a point where armed resistance is warranted, but if you think that we have arrived anywhere near that point with enough frequency to warrant armed resistance, then you are crazy.
Yes, there are plenty of instances of people's rights being violated - but in 99.99% of those occasions, I think the problem can best be solved through other means.
Do I think that the students who got peppersprayed at UC Davis had their rights violated?
Yes, I do. But this guy seems to suggest that the proper response is for the students to pull guns and start a shoot-out. Let's imagine what that would look like for a second:
One of the students peers through the caustic mist with righteous fury and a wet t-shirt over his mouth. He can feel the comforting weight of his Barretta, held close to his heart in a chest holster, and he knows that this is the moment to act. He stands up tall despite the onslaught of bright orange asphyxiation, reaches for his piece and takes aim. Somewhat startled, the officer is suddenly defenseless with his canister and it is not long before he crumples to the ground in an ever expanding pool of blood. He basks in a brief moment of clarity before chaos reigns. His fellow students are quick to bear arms themselves, but the training, body armor and poise of the officers allows them a significant head start and the students suffer heavy casualties in this initial volley.
Not to be deterred by the deaths of their friends, the occupy movement takes up refuge in the life sciences building which, designed in the late sixties with a brutalist aesthetic, is mostly concrete and as such is a perfect fortress from which to outlast the ensuing siege and inspire innumerable citizens on the outside world to take up arms as well. Guerrilla warfare is the only tactic effective in such asymmetrical circumstances, and after a few weeks of violence the powers that be succumb to international pressure and agree to negotiate with the 99%...
...or we could launch an official investigation, fire the guy as a scapegoat after an admittedly long, expensive and cumbersome process, and let the public outrage that ensued lead to a more cautious approach to future student protests. Bloggers and editorialists collectively write millions of words on the subject, increasing awareness and generally shaming the agency that allowed it to happen.
Not perfect, but a whole hell of a lot more civilized.
Any time you use guns against a government entity in he US, you will eventually be caught and put in jail. Period. The only way to avoid this is to be a small part of a large popular movement that eventually overthrows the US government, and I don't see that ever happening with citizen gun-owners unless it involves guerrilla tactics. Imagine gunfights erupting at your local municipal buildings. Imagine pipe bombs at your local police station. People need to realize that this is what they are advocating when they argue for second amendment rights as a fourth check and balance.
If you disagree with that statement, feel free to fill in a reasonable sequence of events to span the gap between "guy whose fourth amendment rights are violated guns down cop" and "said guy is vindicated, and massive changes are made to our law enforcement policies." I suspect that we are far more likely to see a greater militarization of the police in response.
I humbly propose that we join the civilized world and come up with more creative ways to correct our problems.

When Should You Shoot a Cop?

shveddy says...

False dichotomy, among other things. There are innumerable intermediate steps between "allowing them to do whatever they want to you" and "shooting the motherfuckers." I'll admit that there is a point where armed resistance is warranted, but if you think that we have arrived anywhere near that point with enough frequency to warrant armed resistance, then you are crazy.

Yes, there are plenty of instances of people's rights being violated - but in 99.99% of those occasions, I think the problem can best be solved through other means.

Do I think that the students who got peppersprayed at UC Davis had their rights violated?

Yes, I do. But this guy seems to suggest that the proper response is for the students to pull guns and start a shoot-out. Let's imagine what that would look like for a second:

One of the students peers through the caustic mist with righteous fury and a wet t-shirt over his mouth. He can feel the comforting weight of his Barretta, held close to his heart in a chest holster, and he knows that this is the moment to act. He stands up tall despite the onslaught of bright orange asphyxiation, reaches for his piece and takes aim. Somewhat startled, the officer is suddenly defenseless with his canister and it is not long before he crumples to the ground in an ever expanding pool of blood. He basks in a brief moment of clarity before chaos reigns. His fellow students are quick to bear arms themselves, but the training, body armor and poise of the officers allows them a significant head start and the students suffer heavy casualties in this initial volley.

Not to be deterred by the deaths of their friends, the occupy movement takes up refuge in the life sciences building which, designed in the late sixties with a brutalist aesthetic, is mostly concrete and as such is a perfect fortress from which to outlast the ensuing siege and inspire innumerable citizens on the outside world to take up arms as well. Guerrilla warfare is the only tactic effective in such asymmetrical circumstances, and after a few weeks of violence the powers that be succumb to international pressure and agree to negotiate with the 99%...

...or we could launch an official investigation, fire the guy as a scapegoat after an admittedly long, expensive and cumbersome process, and let the public outrage that ensued lead to a more cautious approach to future student protests. Bloggers and editorialists collectively write millions of words on the subject, increasing awareness and generally shaming the agency that allowed it to happen.

Not perfect, but a whole hell of a lot more civilized.

Any time you use guns against a government entity in he US, you will eventually be caught and put in jail. Period. The only way to avoid this is to be a small part of a large popular movement that eventually overthrows the US government, and I don't see that ever happening with citizen gun-owners unless it involves guerrilla tactics. Imagine gunfights erupting at your local municipal buildings. Imagine pipe bombs at your local police station. People need to realize that this is what they are advocating when they argue for second amendment rights as a fourth check and balance.

If you disagree with that statement, feel free to fill in a reasonable sequence of events to span the gap between "guy whose fourth amendment rights are violated guns down cop" and "said guy is vindicated, and massive changes are made to our law enforcement policies." I suspect that we are far more likely to see a greater militarization of the police in response.

I humbly propose that we join the civilized world and come up with more creative ways to correct our problems.

Cop Abuses Power Searching Star Trek Fan's Car For No Reason



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