July 5, 201313 yr Probably just another case of improper training... Case of idiots without supervision it sounds like...
July 5, 201313 yr Supreme Court disagrees... Oh, wasn't talking about the checkpoints. I was responding to Clyde's original question about whether or not the officers entering and using the guy's home was a Third Amendment violation. Sorry for the confusion. No argument from me on the checkpoints. That's pretty settled at this point.
July 5, 201313 yr Oh, wasn't talking about the checkpoints. I was responding to Clyde's original question about whether or not the officers entering and using the guy's home was a Third Amendment violation. Sorry for the confusion. No argument from me on the checkpoints. That's pretty settled at this point. My bad...I agree the officers completely broke the law in that case.
July 5, 201313 yr It's all about the expectation of Privacy, which the 3rd Ammendment is intended to protect. The murderer scenario may be excepted from this a Public Necessity (like burning down a neighboring house so that a huge fire doesn't spread from roof top to roof top.) If the guy has explosives, then yeah, I could see it. However, this was a domestic violence case. What would they hope to be able to see from that house that they couldn't see by putting cameras in the victim's house? They obviously had the victim's approval to peer into her house via the windows. As for check points, you have little expectation of privacy in your car. Sobriety check points are publicized prior to operating and the stops are random. The intention of providing public safety outweighs the limited loss of privacy that drivers and passengers face.
July 5, 201313 yr This is the same county, I believe, that is dealing w/ this little PR nightmare. It will make you sick. Judge Ignores Pleas of Woman Arrested for Protesting Sexual Assault
July 5, 201313 yr Author Supreme Court disagrees... I am quite aware of that. I just don't think that logically you can say it's legal.
July 5, 201313 yr Author Sorry for the confusion. No argument from me on the checkpoints. That's pretty settled at this point. I need a legal mind like yours to explain to a mind like mine as to why they are legal as compared to any other situation where probable cause would be required. Why can they stop me in my car at a checkpoint but not stop me walking down the sidewalk and make me prove I don't have an illegal weapon or bomb on my body.
July 5, 201313 yr Author As for check points, you have little expectation of privacy in your car. Sobriety check points are publicized prior to operating and the stops are random. The intention of providing public safety outweighs the limited loss of privacy that drivers and passengers face. Do I have privacy expectations on my body walking down the street? Or if they say on the radio "hey, we're going to forcing you on the ground in order to see if you're carrying explosives" then everything is cool?
July 5, 201313 yr Author In reading summaries of the supreme court case Michigan v Sitz the logic used to usurp the 4th amendment requirements was that it was in the public's interest. Is that enough of a test? How far do you take that?
July 5, 201313 yr I am quite aware of that. I just don't think that logically you can say it's legal. Too bad technology doesn't exist where a the police can scan a car with a Radar type device to determine if a driver is impaired, without having to stop it. Or, Is it illegal for the police to sit behind a bush or in the median and randomly check the speed of passing cars too?
July 5, 201313 yr In reading summaries of the supreme court case Michigan v Sitz the logic used to usurp the 4th amendment requirements was that it was in the public's interest. Is that enough of a test? How far do you take that? I understand your questions and it is a proverbial slippery slope.
July 5, 201313 yr I need a legal mind like yours to explain to a mind like mine as to why they are legal as compared to any other situation where probable cause would be required. Why can they stop me in my car at a checkpoint but not stop me walking down the sidewalk and make me prove I don't have an illegal weapon or bomb on my body. MADD
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