Author Topic: Broken clocks: I agree with Justice Ginsberg  (Read 1644 times)

AZRedhawk44

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Broken clocks: I agree with Justice Ginsberg
« on: May 16, 2011, 02:28:10 PM »
http://www.supremecourt.gov/opinions/10pdf/09-1272.pdf

Remember the drug dealer case where the guys dash into their apartment, the cops follow and hear noise of "evidence being destroyed" and use that as "exigent circumstances?"

SCOTUS went 8-1 in favor of the LEO door-kicking-whenever-it's-fun policy.

Ginsberg dissented.


An aside... why is it always the scum-sucking druggies or pedophiles that end up being used as the test cases for all this junk, and the temptation to protect society from one small danger always serves as a means to introduce a greater institutionalized danger to all our rights?

Now police can manufacture exigent circumstances, and use interpretive logic to draw a conclusion of exigent circumstances.

Po-po knock on your door.

You shuffle to the door, see it's po-po, and decide you don't care to talk to them.

They infer exigent circumstances from that, and the noise of you walking away from the door.  You're obviously stuffing your drug stash down the toilet, or hiding your pedo-porn collection, or cleaning up your WMD lab in your living room, so they kick your door down to try and catch you in the act.
"But whether the Constitution really be one thing, or another, this much is certain - that it has either authorized such a government as we have had, or has been powerless to prevent it. In either case, it is unfit to exist."
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MicroBalrog

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Re: Broken clocks: I agree with Justice Ginsberg
« Reply #1 on: May 16, 2011, 02:31:43 PM »
Quote
An aside... why is it always the scum-sucking druggies or pedophiles that end up being used as the test cases for all this junk, and the temptation to protect society from one small danger always serves as a means to introduce a greater institutionalized danger to all our rights?

Because the court chooses its test cases.
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AZRedhawk44

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Re: Broken clocks: I agree with Justice Ginsberg
« Reply #2 on: May 16, 2011, 02:47:48 PM »
The justification of this ruling just breaks my heart.

Why couldn't the PD/DA make the case of "in pursuit?"  That's plenty exigent.  No reason to go into the murky land of craptastic speculation on the part of LEO zealotry and making it okay to kick down doors because of sounds on the other side.

The only sounds that should be exigent, IMO, are:
1.  "Boom!" and all similar explodey sounds
2.  "Help me!" and other calls for assistance
3.  Sounds of physical assault like slaps and punches and accompanying cries of pain

I'd love to hear the "sound of evidence being destroyed."  ;/
"But whether the Constitution really be one thing, or another, this much is certain - that it has either authorized such a government as we have had, or has been powerless to prevent it. In either case, it is unfit to exist."
--Lysander Spooner

I reject your authoritah!

mtnbkr

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Re: Broken clocks: I agree with Justice Ginsberg
« Reply #3 on: May 16, 2011, 02:50:11 PM »
Depending on the evidence, it could be "om nom nom nom".



Chris

longeyes

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Re: Broken clocks: I agree with Justice Ginsberg
« Reply #4 on: May 16, 2011, 03:27:10 PM »
+1

If only the "ACLU" types really lived up to their own professed ideals.
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