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| | Surprised it doesn't happen more often Like many people, I'm all for law enforcement doing their job to stop criminals and their criminal activity. However, in today's day and age, I'm surprised stories like this don't happen more often. The ISPs are just as much to blame as the government. With all of the IP addresses around and many that change its no wonder more people's rights aren't being violated.
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How many lawyers does it take to change a lightbulb? Three. One to climb the ladder, one to shake the ladder, and one to sue the ladder company. | |
|  | | Re: Surprised it doesn't happen more often This is the EXACT RESULT we said we would get when the Bush Administration pushed it's agenda through congress. Blame your republican congressman, because that's EXACTLY where the blame lies. The police state powers that have been authorized by the republican party can only lead to the abuse of power as shown in the article
The Fourth Amendment of the United States Constitution states: “The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, shall not be violated, and no warrant shall issue but upon probable cause...”
Invading our home with one bit of incorrect evidence was totally unreasonable.
EVERYONE INVOLVED needs to be punished, and I mean life in prison. I want every swat member sent to prison. I want the D.A. sent to prison. I want the judge who signed the warrant sent to prison. I want the local sheriffs department deputies sent to prison. EVERY SINGLE PERSON in the chain of command, from the lowliest clerk, to the big cahoona, MUST GO TO PRISON. This attack on the civil liberties of US Citizens MUST STOP NOW. And the ONLY WAY to stop it is to punish ANYONE who abuses their power. | |
| |  dispatcher21911 Where is your emergency?
join:2004-01-22
united state
kudos:1
 ·Charter
1 edit | Re: Surprised it doesn't happen more often Hmmm....from reading the article, I believe that they did in fact get a warrant which means that they did meet the 4th amendment obligation. Also, what does the republican congress have to do with local law enforcement? Local law enforcement is run by the chief who is hired by the local city council. Blame should be placed on the chief and then your city council for hiring a chief that would enable this kind of thing to happen. Also, again, you say this is an attack on our civil liberties? How so? They got a warrant signed by a judge which means they showed probable cause which means they met the obligation of the 4th amendment. They did this lawfully and within the Constitution. Yes it was on the wrong house due to wrong info being given to the police department but they were within the law and the Constitution with thier actions. You need to re-read the Constitution so that you know the difference of real civil liberties and your made up thinkings on it KarlMarx.
Edit:typo | |
| | | | | Re: Surprised it doesn't happen more often I think your correct in your assessment. However, the question is, were they negligent in obtaining the warrant? I mean, sometimes the warrant is invalid from the start which happened here. That's not to say that anyone did anything knowingly, but they actions rose to gross negligence in obtaining the warrant in the first place. Believe me, the judge usually has nothing to go on but the information presented to the him/her. If the law enforcement says this is the IP address of so and so, the judge has no authority to say its not. It's really a shame that things like this happen.
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How many lawyers does it take to change a lightbulb? Three. One to climb the ladder, one to shake the ladder, and one to sue the ladder company. | |
| | | | | "They did this lawfully and within the Constitution."
That is a FALSE STATEMENT. They most certainly did NOT do it lawfully, otherwise, it wouldn't be an issue. The issue at hand is that the police ABUSED THEIR POWER. What if it happened to YOU? Would you support your local police if they assaulted you in your home? Would you support the police if they arrested you on bad information? I don't think so. Just because a warrant is issued, doesn't mean it's legal. You give the judges this so called 'power', which they most certainly do NOT HAVE. The 4th amendment is specifically written to prevent the abuse of power by the police, the judges, and yes, even congress. I know what the right to be free from illegal search and seizure is. And in this case, that right was 100% violated, and the CRIMINALS who did the violations must be put in jail for LIFE. | |
| | | | dispatcher21911 Where is your emergency?
join:2004-01-22
united state
kudos:1 Reviews:
·Charter
| Re: Surprised it doesn't happen more often This was not an abuse of power. The police department did not in bad faith try to get a search warrant to violate his rights. They, in good faith got a search a warrant and it happened that the information they based that on was incorrect. Again, they did it in good faith, going through the system to assure the protection of the persons 4th amendment right by getting a warrant. This is not a case of abuse, it was a mistake.
Abuse would be if the police department knew they had the wrong address from the start and continued with the search. If a warrant is issued in good faith, yes, the process of the warrant and the execution of the search is legal, the merit of it is then discussed in court. And what do you mean that judges dont have this so called power? Judges do indeed have the power to sign a search warrant based upon the probable cause presented to them. I dont know what you mean by "they dont have the power".
Here in Washington state, an officer can not search a car unless he has a warrant or permission of the driver. An abuse would be if the officer searched the vehicle without either just because he wanted to or thought there was a suspicion of a crime. Now, if he can, with his training and experience, show probable cause to a judge of why he thinks theres drugs in it, he can get a warrant and search the car. Now, if no drugs are found, is this abuse? No. The officer in good faith, took the steps needed to legally obtain a search warrant before he searched the car. The courts have already stated that the fruits of the search warrant does not make the warrant valid or invalid. If the search produces nothing, the warrant is still valid, thus legal. What makes a warrant illegal? If the officer in bad faith(lies, uses KNOWN false information or misleads the judge) to obtain one. | |
| | | | | | | Re: Surprised it doesn't happen more often i agree with karlmarx this has to stop somewhere.people have no rights anymore theres no such thing as innocent until proven guilty its guilty as hell until u can prove your innocence.if your poor u havent got a chance in hell. | |
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| jsouthJsouth
join:2000-12-12
Wichita, KS | I think you should go to jail because your obviously on something.
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Bush bashing is old. How about more solutions instead? | |
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 dogmaXYZPremium
join:2002-08-15
Boulder City, NV
kudos:1 | said by obeythelaw:I'm surprised stories like this don't happen more often. They do happen often, very often, You will never hear about the vast majority because they happen to poor people, people of color, or immigrants. The very few who are brave enough, or can afford to bring civil action against these keystone cops, generally get them settled out of court...at least in big cities.
Here in Los Angeles, between the LAPD, County Sheriff, and various municipal agencies, taxpayers are shelling out upwards of $40 Million year in payouts to victims of the people who should be protecting them.
Human Rights Watch, who closely scrutinize the likes of Iran, Darfur, & North Korea for Human Rights Violations, is also kept pretty busy by our law enforcement as well.
see: »www.hrw.org/reports98/police/uspo30.htm
I would imagine a lot of people who hear about a SWAT enabled, bust-in-the-door, commando/storm trooper raid, with a bunch of guys wearing Splinter-cell costumes on some poverty stricken shack [pun intended], assume those "criminals" deserve it.
Until it happens to someone that looks like them. | |
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