Armed Polite Society
Main Forums => Politics => Topic started by: AZRedhawk44 on May 16, 2011, 02:28:10 PM
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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.
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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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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." ;/
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Depending on the evidence, it could be "om nom nom nom".
(https://armedpolitesociety.com/proxy.php?request=http%3A%2F%2F1.bp.blogspot.com%2F_e-y-Rrz58H4%2FSlvurHYDlnI%2FAAAAAAAAAvE%2FS1xFd7urqHU%2Fs320%2FCookie_Monster.jpg&hash=14c32033931311b666318c8265b83f881a429731)
Chris
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+1
If only the "ACLU" types really lived up to their own professed ideals.