Armed Polite Society
Main Forums => Politics => Topic started by: AZRedhawk44 on January 13, 2011, 03:18:52 PM
-
http://www.wiod.com/cc-common/news/sections/newsarticle.html?feed=104668&article=8041724
Dopers smoking weed in their apartment.
Police outside. No warrant.
They "smell weed." So they skip the warrant under the basis that the suspects might flush their joints, kick the door down, arrest, prosecute.
It goes all the way to Kentucky Supreme Court who acquit on 4th Amendment violation, then the state takes it to SCOTUS.
I normally like Scalia.
But:
"Everything done was perfectly lawful," Scalia said. "It's unfair to the criminal? Is that the problem? I really don't understand the problem."
He's making a malicious presumption that government is supposed to not make.
He's assuming that a police suspect is a criminal.
A criminal is someone who is convicted.
A judge should not be referring to a suspect in a police investigation as a criminal, IMO.
I'm a bit perturbed that I agree with Kagan, Sotomayor and Ginsberg. I wish the lib Justices cared a bit more about real civil liberties and a little less about black rights and pot rights. ;/
-
I'd like to hear what Thomas said.
-
this wasn't about pot rights
it was about cops chasing a suspect and him being ahead of them barely out of sight and them hearing a door slam. there were 2 doors they knocked at one got no answer but could hear movement and smell dope. so they nailed the door. the court ruled appropriately
-
I smell a victimless crime.
-
<parody author=Scalia>A mere victimless crime is no reason not to carry out a death sentence properly reached.</parody>