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freezorburn


May 18, 2011, 6:23 AM
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Registered: Oct 19, 2005
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Get a whiff of this!
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Warrants we donít need no stinking warrants!

So your in your living room and your buddy lights up a joint. Thereís a knock on the
Door and before you can answer it, the door flyís off the hinges and cops rush in and drag
you all off to jail.

No stake out no history of usage at your home no Warrant. The cops just "Smelled somthing when they walked by." We ather you smoke or not this sounds wrong right?

No way, got to be BS, What about the 4th amendment?


http://www.opposingviews.com/...-bombs-4th-amendment


(This post was edited by freezorburn on May 20, 2011, 3:44 PM)


chadnsc


May 18, 2011, 6:51 AM
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Registered: Nov 24, 2003
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Re: [freezorburn] Get a whiff of this! [In reply to]
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Probable cause?


veganclimber


May 18, 2011, 10:41 AM
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Registered: Mar 17, 2005
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Re: [chadnsc] Get a whiff of this! [In reply to]
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I think it's a good decision, as there is no way the cops could abuse this. It's not like you can fake a smell test.

As for the 4th Amendment, it's gone. I honestly wish they would go to the original copy of the constitution and use white out to get rid of it. At least be honest about it.


squierbypetzl
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May 18, 2011, 1:57 PM
Post #4 of 11 (944 views)
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Registered: Jul 6, 2005
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Re: [freezorburn] Get a whiff of this! [In reply to]
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It's a bullshit decision, no friggin' duh. Positively tramples the 4th Ammendment using such a low threshold as "scurrying sounds".

If police knock on your door, you are not obligated to open it. If they have a warrant, they'll let you know and then let themselves in.


chadnsc


May 18, 2011, 2:45 PM
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Re: [squierbypetzl] Get a whiff of this! [In reply to]
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squierbypetzl wrote:
It's a bullshit decision, no friggin' duh. Positively tramples the 4th Ammendment using such a low threshold as "scurrying sounds".

If police knock on your door, you are not obligated to open it. If they have a warrant, they'll let you know and then let themselves in.


You're right, you don't have to open the door when the police knock and don't have a warrant. Then again if they have probable cause that a crime is being committed they can let themselves in.

As for the limits of probable cause required for the police to enter your house without a warrant; I have no idea.


saint_john


May 19, 2011, 1:44 PM
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Registered: Oct 4, 2010
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Re: [freezorburn] Get a whiff of this! [In reply to]
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what if the cops walked by a house and smelled a meth lab?


dr_feelgood


May 19, 2011, 2:03 PM
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Re: [saint_john] Get a whiff of this! [In reply to]
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saint_john wrote:
what if the cops walked by a house and smelled a meth lab?
Then, they should, like cops are theoretically supposed to, go get a warrant. From a judge. With sufficient evidence.

What is next, Precrime?


gmggg


May 19, 2011, 2:33 PM
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Registered: Jun 25, 2009
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Re: [dr_feelgood] Get a whiff of this! [In reply to]
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dr_feelgood wrote:
What is next, Precrime?

It's not merely next.

Remember the Patriot Act?


squierbypetzl
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May 19, 2011, 3:03 PM
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Registered: Jul 6, 2005
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Re: [dr_feelgood] Get a whiff of this! [In reply to]
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dr_feelgood wrote:
saint_john wrote:
what if the cops walked by a house and smelled a meth lab?
Then, they should, like cops are theoretically supposed to, go get a warrant. From a judge. With sufficient evidence.

What is next, Precrime?

Actually, not necessarily. In fraganti crimes don't require warrants.


dr_feelgood


May 19, 2011, 3:08 PM
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Re: [squierbypetzl] Get a whiff of this! [In reply to]
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squierbypetzl wrote:
dr_feelgood wrote:
saint_john wrote:
what if the cops walked by a house and smelled a meth lab?
Then, they should, like cops are theoretically supposed to, go get a warrant. From a judge. With sufficient evidence.

What is next, Precrime?

Actually, not necessarily. In fraganti crimes don't require warrants.

Smelling an odor that resembles drug use or production imho does not qualify. Nor does it justify police home invasion.


squierbypetzl
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May 19, 2011, 3:31 PM
Post #11 of 11 (854 views)
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Registered: Jul 6, 2005
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Re: [dr_feelgood] Get a whiff of this! [In reply to]
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dr_feelgood wrote:
squierbypetzl wrote:
dr_feelgood wrote:
saint_john wrote:
what if the cops walked by a house and smelled a meth lab?
Then, they should, like cops are theoretically supposed to, go get a warrant. From a judge. With sufficient evidence.

What is next, Precrime?

Actually, not necessarily. In fraganti crimes don't require warrants.

Smelling an odor that resembles drug use or production imho does not qualify. Nor does it justify police home invasion.

Again, "not necessarily", it would depend on the individual circumstances of each case, and the applicable laws of the specific jurisdiction (in some jurisdictions, residents have voted for chasing recreational marihuana use to be the lowest priority for police).


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