The Conservative Cave

Current Events => Politics => Topic started by: Rebel on April 23, 2013, 02:40:08 PM

Title: COMPLETELY UNCONSTITITIONAL!
Post by: Rebel on April 23, 2013, 02:40:08 PM
[youtube=425,350]2LrbsUVSVl8[/youtube]


http://www.dailymail.co.uk/news/article-2313249/Boston-bomber-search-Moment-SWAT-teams-ordered-innocent-neighbors-houses-GUNPOINT.html

This violates everything the 4th amendment stands for. They did this shit house to house. :censored:
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: Big Dog on April 23, 2013, 02:55:23 PM
formerlurker will be along directly to tell us how those involuntary, unconstitutional, warrantless searches were just fine, because they were part of the "Boston strong" response, like the "voluntary" lockdown of the greater Boston metropolitan area. 

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 Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. - Amendment IV, US Constitution
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: Ptarmigan on April 23, 2013, 03:14:16 PM
That is really unconstitutional.
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: Karin on April 23, 2013, 03:17:22 PM
And in the end, it wasn't even necessary.  Dude goes out for a smoke, and notices his boat cover's ****ed up.  Calls the right people. 
Do you think anything will come of this?
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: Big Dog on April 23, 2013, 03:26:21 PM
And in the end, it wasn't even necessary.  Dude goes out for a smoke, and notices his boat cover's ****ed up.  Calls the right people. 
Do you think anything will come of this?

Probably not. It is the Commonwealth of Bluetopia in the United States of Obama, after all.

Sheep may bleat when they're shorn, but they don't bite the sheepherder afterwards.
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: Eupher on April 23, 2013, 03:41:26 PM
Big Dog nailed it.   :cheersmate:

Lurker? Got something to add here?  :-)

Jeez. Just look at those law-abiding citizens, in their own homes minding their own business, being frog-marched down the street with their arms up in the air like they're common criminals.

Not quite frog-marched, but close. Definitely involuntary.

I gotta hand it to Lurker. She's opinionated, informed (usually), and generally correct.

Not in this case, however.

Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: Wineslob on April 23, 2013, 04:17:47 PM
I would so sue the piss out of the city.
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: catsmtrods on April 23, 2013, 05:17:21 PM
Think maybe that family said no, get a warrant? I wonder?
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: DefiantSix on April 23, 2013, 05:43:21 PM
Think maybe that family said no, get a warrant? I wonder?

I wouldn't bet on it. After 100+ years of being conditioned to have a boot at your neck, I bet those Bostonians didn't even notice the whole irony of being in "lockdown" (like any other prisoner) and having their rights trampled by government thugs without so much as a consolation ObamaPhone, all in the name of preserving western Liberties from the terrorist menace.
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: Firekrakka on April 23, 2013, 06:04:22 PM
Think maybe that family said no, get a warrant? I wonder?

Nah, not in the commie capital of the East.

This is what Martial Law looks like. What a failure!!!  (I do admit the cat pic is hilarious though)

(http://static.infowars.com/2013/04/i/general/cops2.jpg)

(http://static.infowars.com/2013/04/i/general/facebookmartial.jpg)

(http://static.infowars.com/2013/04/i/general/bpd3.jpg)

(http://static.infowars.com/2013/04/i/general/bpd422.jpg)

(http://static.infowars.com/2013/04/i/general/bpd5.jpg)

(http://static.infowars.com/2013/04/i/general/bpd2.jpg)

(http://static.infowars.com/2013/04/i/general/bpd7.jpg)
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: Rebel on April 23, 2013, 08:42:44 PM
Think maybe that family said no, get a warrant? I wonder?

Did you watch the video? They weren't given a chance to say anything. My dogs bark and jump on anyone that comes in the door, because they're extremely friendly. They're Lhasas raised by me. If this shit would have happened here, my dogs would have been dead. ...and a few cops would have been dead as would I. I would see 5 shades of red if my boys were killed by a bunch of Damn Constitution-ignoring cops. I'd have retreated, armed, and went into an insane rage. That I can assure you. The reason I have a firearm everywhere within 10' of anywhere I am in my house is because if some criminals break in, the dogs are there faster than me. I see it as taking out a threat before they kill one of my boys.

I'm not some billy badass, I'm just saying how it'd turn out if this shit happened to me and they dispatched my dogs, the dogs "I" pulled out of their mother, Bella. I don't give a **** WHAT uniform you wear, sheriff, police, FBI, or ****ing 101st Airborne. You kill my dogs, in MY home, someone is dying with me.
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: J P Sousa on April 23, 2013, 08:48:01 PM
Big Dog nailed it.   :cheersmate:

Lurker? Got something to add here?  :-)

Jeez. Just look at those law-abiding citizens, in their own homes minding their own business, being frog-marched down the street with their arms up in the air like they're common criminals.

Not quite frog-marched, but close. Definitely involuntary.

I gotta hand it to Lurker. She's opinionated, informed (usually), and generally correct.

Not in this case, however.



LURKER; "it was only for 22 hours........"
.
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: Firekrakka on April 23, 2013, 09:02:57 PM
Did you watch the video? They weren't given a chance to say anything. My dogs bark and jump on anyone that comes in the door, because they're extremely friendly. They're Lhasas raised by me. If this shit would have happened here, my dogs would have been dead. ...and a few cops would have been dead as would I. I would see 5 shades of red if my boys were killed by a bunch of Damn Constitution-ignoring cops. I'd have retreated, armed, and went into an insane rage. That I can assure you. The reason I have a firearm everywhere within 10' of anywhere I am in my house is because if some criminals break in, the dogs are there faster than me. I see it as taking out a threat before they kill one of my boys.

I'm not some billy badass, I'm just saying how it'd turn out if this shit happened to me and they dispatched my dogs, the dogs "I" pulled out of their mother, Bella. I don't give a **** WHAT uniform you wear, sheriff, police, FBI, or ****ing 101st Airborne. You kill my dogs, in MY home, someone is dying with me.

(Sorry to hijack but just had to say I love Lhasas. Have owned a few and if I get a pooch again, it's gonna be a Lhasa. )
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: CG6468 on April 23, 2013, 09:10:55 PM
What about this poor guy's boat? It has to be trashed after all this crap.
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: Rebel on April 23, 2013, 09:23:48 PM
(Sorry to hijack but just had to say I love Lhasas. Have owned a few and if I get a pooch again, it's gonna be a Lhasa. )

I could fill up this thread with pictures. Most of the older posters were here when I birthed the first 3. Then the second 6. ...out of a tiny little girl. We kept the last born and the biggest born. That's who I have now. Bentley is about 20 Lbs, Brutus is 40. Bella, the mom, and Bailey, the dad, are with my ex-wife. These guys are my heart.
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: Firekrakka on April 23, 2013, 09:37:02 PM
What about this poor guy's boat? It has to be trashed after all this crap.

Americans have been sending in donations. I think it's up to 7k now.

Quote
I could fill up this thread with pictures. Most of the older posters were here when I birthed the first 3. Then the second 6. ...out of a tiny little girl. We kept the last born and the biggest born. That's who I have now. Bentley is about 20 Lbs, Brutus is 40. Bella, the mom, and Bailey, the dad, are with my ex-wife. These guys are my heart.

My first was all white and born on Halloween, so he was named Spooks. He was extremely playful and the best dog I've seen with children!! Spooks was actually a lifesaver because a man came to the door and we looked through the peephole. Spooks growled. When he growled, you knew shit just got real. We didn't open it. Later we found out that man had murdered 2 in the vicinity.
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: CG6468 on April 23, 2013, 09:46:35 PM
Our Chocolate Lab was born on Halloween, 2001.
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: catsmtrods on April 24, 2013, 04:17:44 AM
Did you watch the video? They weren't given a chance to say anything. My dogs bark and jump on anyone that comes in the door, because they're extremely friendly. They're Lhasas raised by me. If this shit would have happened here, my dogs would have been dead. ...and a few cops would have been dead as would I. I would see 5 shades of red if my boys were killed by a bunch of Damn Constitution-ignoring cops. I'd have retreated, armed, and went into an insane rage. That I can assure you. The reason I have a firearm everywhere within 10' of anywhere I am in my house is because if some criminals break in, the dogs are there faster than me. I see it as taking out a threat before they kill one of my boys.

I'm not some billy badass, I'm just saying how it'd turn out if this shit happened to me and they dispatched my dogs, the dogs "I" pulled out of their mother, Bella. I don't give a **** WHAT uniform you wear, sheriff, police, FBI, or ****ing 101st Airborne. You kill my dogs, in MY home, someone is dying with me.

Agreed. I have already committed to my family that if this happens to me I will die. I won't be alone!
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: catsmtrods on April 24, 2013, 04:24:49 AM
Not everyone who lives in the northeast are sheepole. It amazes me that they think that terrorist might be in someones house. Sure the **** wouldn't be in mine! 
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: txradioguy on April 24, 2013, 04:37:55 AM
And the first house they didn't evac for safety reasons...had the bomber run in there and martyred himself and the occupants...the survivors or their relatives would have sued the shit out of every local state and federal authority involved for not protecting them.


I'm curious to see how some of you think this is actually a violation since there was a public safety concern going on.  None of these people were being arrested...they weren't being evicted nor were they suspected of anything.  Nothing was siezed from their homes and they were allowed to return.

What you're forgetting is something called "Exigent circumstance" and it applies in this instance.

Quote
Exigent circumstances arise when the law enforcement officers have reasonable grounds to believe that there is an immediate need to protect their lives, the lives of others, their property, or that of others, the search is not motivated by an intent to arrest and seize evidence, and there is some reasonable basis, to associate an emergency with the area or place to be searched   U.S. v Smith 1986


Go ahead...someone do their best Alex Jones and tell me that a cop killing IED planing bomb thrower...armed...extremely dangerous and even willing to run over his own brother to avoid capture doesn't fall under the definition of "Exigent circumstances" when it comes to searching those people's houses and getting them out of their for their own safety.


If you're gonna cite the Constitution...makre sure you read ALL of the Amendment that you think is being violated and has your panties in a bunch before you go crying wolf.
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: txradioguy on April 24, 2013, 04:41:46 AM
Ok lets play out this scenario.  

9/11.

Lets say we had advance warning of what planes were gonna hit DC NY and Pennsylvania but not the exact building or neighborhood.

Cops race into the neighborhoods or the office buildings in those areas were the planes are most likely to hit and start telling people to "get out".

Would you still be yelling this silly "4th Amendment violation" crap?

Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: Rebel on April 24, 2013, 07:12:47 AM

And the first house they didn't evac for safety reasons...had the bomber run in there and martyred himself and the occupants...the survivors or their relatives would have sued the shit out of every local state and federal authority involved for not protecting them.

And the case would have been thrown out as the Supreme Court has already ruled that police have no duty to protect.

Quote
I'm curious to see how some of you think this is actually a violation since there was a public safety concern going on.  None of these people were being arrested...they weren't being evicted nor were they suspected of anything.  Nothing was siezed from their homes and they were allowed to return.

I don't "think" it's a violation; I KNOW it's a violation.

Quote
What you're forgetting is something called "Exigent circumstance" and it applies in this instance.

Problem with "exigent" is it is very subjective. Who gets to decide what is exigent and what constitutional rights can be trampled on? The cops? Without due process? And how is that not a violation of the 4th Amendment?

Quote
Go ahead...someone do their best Alex Jones and tell me that a cop killing IED planing bomb thrower...armed...extremely dangerous and even willing to run over his own brother to avoid capture doesn't fall under the definition of "Exigent circumstances" when it comes to searching those people's houses and getting them out of their for their own safety.

Wow, call us Alex Jones. Next you'll be telling us we're against ALL forms of government because we want it limited. That's exactly what you're doing, going from one extreme to the other. If one damn moron can lock down a city, give permission to cops to drag people out of their homes without warning or warrants at gunpoint, the Damn terrorists have already won.

Quote
If you're gonna cite the Constitution...makre sure you read ALL of the Amendment that you think is being violated and has your panties in a bunch before you go crying wolf.

Ok. Feel free to show me what I failed to read:

Quote
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 Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: Rebel on April 24, 2013, 07:14:48 AM
I always hoped that if the president ever ordered our military to go door to door to confiscate everyone's arms because they're deemed a threat, our military will refuse the order. I pray that's still the case and that you're opinion is in the minority. Let it be known that these unconstitutional searches yielded NO terrorist. He was only found because a citizen informed the cops that there was someone in his boat. There is one body that has a small authority to interpret our Constitution thanks to Marbury v Madison. It's not the WPD, or the BPD, or the MAARNG.

Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: Rebel on April 24, 2013, 07:18:23 AM
Ok lets play out this scenario.  

9/11.

Lets say we had advance warning of what planes were gonna hit DC NY and Pennsylvania but not the exact building or neighborhood.

Cops race into the neighborhoods or the office buildings in those areas were the planes are most likely to hit and start telling people to "get out".

Would you still be yelling this silly "4th Amendment violation" crap?



Worst analogy ever.
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: Big Dog on April 24, 2013, 07:21:31 AM
And the first house they didn't evac for safety reasons...had the bomber run in there and martyred himself and the occupants...the survivors or their relatives would have sued the shit out of every local state and federal authority involved for not protecting them.


I'm curious to see how some of you think this is actually a violation since there was a public safety concern going on.  None of these people were being arrested...they weren't being evicted nor were they suspected of anything.  Nothing was siezed from their homes and they were allowed to return.

What you're forgetting is something called "Exigent circumstance" and it applies in this instance.


Go ahead...someone do their best Alex Jones and tell me that a cop killing IED planing bomb thrower...armed...extremely dangerous and even willing to run over his own brother to avoid capture doesn't fall under the definition of "Exigent circumstances" when it comes to searching those people's houses and getting them out of their for their own safety.


If you're gonna cite the Constitution...makre sure you read ALL of the Amendment that you think is being violated and has your panties in a bunch before you go crying wolf.

I'll put my understanding of the 4th Amendment up against yours any day of the week, my friend. And if you're going to claim "exigent circumstances", make sure you know what it really means before you use it to excuse improper police actions. A general "public safety concern" (to use your words), alone, does not constitute exigent circumstances- that would be a police state.

Hot pursuit and plain view are the most common exigent circumstances. "Hot pursuit" means actually following a suspect onto private property, not arbitrarily setting a perimeter and searching everything within that perimeter. "Plain view" means observing through reasonable means, a violation of law, an immediate and unavoidable threat to public safety, or the presence of an identified suspect, from a place where the observing officer is lawfully engaged.

Exigent circumstances must create the most limited infringement of a citizen's constitutional or civil rights. Absent exigent circumstances, law enforcement must ask permission to enter a residence, or get a warrant.

Pointing a weapon at a person legitimately places him in fear of losing his life, and is a felony if done by a private person (absent an immediate threat). Law enforcement pointing weapons at a person who is not suspected of violating the law, or who does not present an articulable threat to an officer or civilian, is a violation of that person's 4th Amendment right. "Officer safety" alone does not constitute an exception to the 4th Amendment, otherwise police could point their weapons at citizens "for the officer's safety" at all times, with impunity.

Ordering a person (who is not a suspect) from his own home at gunpoint, and walking that person out of his own home at gunpoint with his hands on his head (as shown in a photo on this thread), are violations of the 4th Amendment. 

The citizen's remedy for these violations are criminal or civil action under 18 USC 242, Deprivation of Rights Under Color of Law. FBI.gov explanation of the statute. (http://www.fbi.gov/about-us/investigate/civilrights/federal-statutes)
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: txradioguy on April 24, 2013, 07:34:04 AM
And the case would have been thrown out as the Supreme Court has already ruled that police have no duty to protect.

You're wrong.

Quote
I don't "think" it's a violation; I KNOW it's a violation.


You WISH it was a violation...therefore you think it is.

Quote
Problem with "exigent" is it is very subjective. Who gets to decide what is exigent and what constitutional rights can be trampled on? The cops? Without due process? And how is that not a violation of the 4th Amendment?

I guess you missed the court case I cited tht were this to go to court would be cited as Justification.  Since you missed it the first time I'll post and link to it again.



U.S. v. SMITH
797 F.2d 836 (1986)
United States Court of Appeals, Tenth Circuit.
July 16, 1986.




--------------------------------------------------------------------------------


 

 
The Warrantless Search and Seizure

http://www.leagle.com/xmlResult.aspx?page=3&xmldoc=19861633797F2d836_11490.xml&docbase=CSLWAR2-1986-2006&SizeDisp=7


Quote
Wow, call us Alex Jones. Next you'll be telling us we're against ALL forms of government because we want it limited. That's exactly what you're doing, going from one extreme to the other. If one damn moron can lock down a city, give permission to cops to drag people out of their homes without warning or warrants at gunpoint, the Damn terrorists have already won.



Wow I seem to have struck a nerve.  And there's not one thing in my years of posting here or at ToS that would indicate what I bolded.

No I didn't say that.  Your words not mine.  I merely pointed out where you're letting hysterics trum common sense and reality.


Quote
Ok. Feel free to show me what I failed to read:


Already did.  Not that it will make much difference.
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: txradioguy on April 24, 2013, 07:39:52 AM
I'll put my understanding of the 4th Amendment up against yours any day of the week, my friend. And if you're going to claim "exigent circumstances", make sure you know what it really means before you use it to excuse improper police actions. A general "public safety concern" (to use your words), alone, does not constitute exigent circumstances- that would be a police state.

Ok show the case law that proves what I posted is wrong.  I showed where they according to the court and the law they had the right to do what they did.  Linked to it too.

Look at the definition of exigent circumstances in the case I cited as applied to what happened in Boston...then show me where I'm wrong. 

Quote
Hot pursuit and plain view are the most common exigent circumstances. "Hot pursuit" means actually following a suspect onto private property, not arbitrarily setting a perimeter and searching everything within that perimeter. "Plain view" means observing through reasonable means, a violation of law, an immediate and unavoidable threat to public safety, or the presence of an identified suspect, from a place where the observing officer is lawfully engaged.

And yet in what I posted I clearly showed where imminent danger of either the police or civilians clearly falls within the scope of exigent circumstances.

Not sure what leagal case or interpretation of the 4th Amendment you're using.  But I'm looking at cases of black letter law.

Quote
Exigent circumstances must create the most limited infringement of a citizen's constitutional or civil rights. Absent exigent circumstances, law enforcement must ask permission to enter a residence, or get a warrant

Link?

Quote
Pointing a weapon at a person legitimately places him in fear of losing his life, and is a felony if done by a private person (absent an immediate threat). Law enforcement pointing weapons at a person who is not suspected of violating the law, or who does not present an articulable threat to an officer or civilian, is a violation of that person's 4th Amendment right. "Officer safety" alone does not constitute an exception to the 4th Amendment, otherwise police could point their weapons at citizens "for the officer's safety" at all times, with impunity.

And yet in the case I cited and the definition of Exigent Circimstances here: http://en.wikipedia.org/wiki/Fourth_Amendment_to_the_United_States_Constitution which when you look in the footnotes brings you to the case here: http://www.leagle.com/xmlResult.aspx?page=3&xmldoc=19861633797F2d836_11490.xml&docbase=CSLWAR2-1986-2006&SizeDisp=7 shows you're wrong in your interpretation of exigent corcumstances.

Quote
Ordering a person (who is not a suspect) from his own home at gunpoint, and walking that person out of his own home at gunpoint with his hands on his head (as shown in a photo on this thread), are violations of the 4th Amendment.

And there's case law to back this up where? 

Quote
The citizen's remedy for these violations are criminal or civil action under 18 USC 242, Deprivation of Rights Under Color of Law. FBI.gov explanation of the statute. (http://www.fbi.gov/about-us/investigate/civilrights/federal-statutes)

I'll stick with decided case law.  You guys stick with Alex Jones.
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: Rebel on April 24, 2013, 07:46:27 AM
You're wrong.

Really? I'm wrong? The cops do have a duty to protect? Hmm, ok. Take your pick:

7/15/05 SUPREME COURT OF THE UNITED STATES No. 04-278 TOWN OF CASTLE ROCK, COLORADO, PETITIONER v. JESSICA GONZALES, INDIVIDUALLY AND AS NEXT BEST FRIEND OF HER DECEASED MINOR CHILDREN, REBECCA GONZALES, KATHERYN GONZALES, AND LESLIE GONZALES
    On June 27, in the case of Castle Rock v. Gonzales, the Supreme Court found that Jessica Gonzales did not have a constitutional right to individual police protection even in the presence of a restraining order. Mrs. Gonzales' husband with a track record of violence, stabbing Mrs. Gonzales to death, Mrs. Gonzales' family could not get the Supreme Court to change their unanimous decision for one's individual protection. YOU ARE ON YOUR OWN FOLKS AND GOVERNMENT BODIES ARE REFUSING TO PASS THE Safety Ordinance.

(1) Richard W. Stevens. 1999. Dial 911 and Die. Hartford, Wisconsin: Mazel Freedom Press.

(2) Barillari v. City of Milwaukee, 533 N.W.2d 759 (Wis. 1995).

(3) Bowers v. DeVito, 686 F.2d 616 (7th Cir. 1982).

(4) DeShaney v. Winnebago County Department of Social Services, 489 U.S. 189 (1989).

(5) Ford v. Town of Grafton, 693 N.E.2d 1047 (Mass. App. 1998).

(6) Warren v. District of Columbia, 444 A.2d 1 (D.C. 1981). "...a government and its agencies are under no general duty to provide public services, such as police protection, to any particular individual citizen..." -Warren v. District of Columbia, 444 A.2d 1 (D.C. App. 1981)

(7) "What makes the City's position particularly difficult to understand is that, in conformity to the dictates of the law, Linda did not carry any weapon for self-defense. Thus by a rather bitter irony she was required to rely for protection on the City of NY which now denies all responsibility to her." Riss v. New York, 22 N.Y.2d 579,293 N.Y.S.2d 897, 240 N.E.2d 806 (1958).

(8) "Law enforcement agencies and personnel have no duty to protect individuals from the criminal acts of others; instead their duty is to preserve the peace and arrest law breakers for the protection of the general public." Lynch v. N.C. Dept. of Justice, 376 S.E. 2nd 247 (N.C. App. 1989)
 
Quote
You WISH it was a violation...therefore you think it is.

Put the projector down, TRG. It is you that "thinks" it's not a violation.

Quote
I guess you missed the court case I cited tht were this to go to court would be cited as Justification.  Since you missed it the first time I'll post and link to it again.


U.S. v. SMITH
797 F.2d 836 (1986)
United States Court of Appeals, Tenth Circuit.
July 16, 1986.

Care to explain how that has anything to do with what happened? Smith was suspected of trafficking narcotics. What were these people suspected of doing?

Quote
The Warrantless Search and Seizure

http://www.leagle.com/xmlResult.aspx?page=3&xmldoc=19861633797F2d836_11490.xml&docbase=CSLWAR2-1986-2006&SizeDisp=7

Again, what were these people suspected of doing? Being terrorists? Anything to back it up? Is there a paper trail? Are there voice recordings? 

Quote
Wow I seem to have struck a nerve.  And there's not one thing in my years of posting here or at ToS that would indicate what I bolded.

No I didn't say that.  Your words not mine.  I merely pointed out where you're letting hysterics trum common sense and reality.


No, I gathered that from you comparing us to Alex Jones because we don't believe cops should be able to go door to door, guns drawn, forcing people out of their homes with their hands over their heads with no justification whatsoever. "There might be a terrorist in Watertown" is not justification to violate the Constitution because "there might be a terrorist" in any number of towns. Slippery slope you seem to be going down, TRG.
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: Rebel on April 24, 2013, 07:48:27 AM
I'll stick with decided case law.  You guys stick with Alex Jones.

Is that necessary? Ok, two can play. If Obama orders our military to turn their arms on the civilian populace, I guess I know where you'll stand. Afterall, it'll be in the name of "safety" and, of course, will be "interpreted" that way by your chain of command.
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: JohnnyReb on April 24, 2013, 07:58:56 AM
Could a judge issue a single search warrant that would cover an entire neighborhood?

Just asking.
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: Big Dog on April 24, 2013, 08:00:19 AM
Ok lets play out this scenario.  

9/11.

Lets say we had advance warning of what planes were gonna hit DC NY and Pennsylvania but not the exact building or neighborhood.

Cops race into the neighborhoods or the office buildings in those areas were the planes are most likely to hit and start telling people to "get out".

Would you still be yelling this silly "4th Amendment violation" crap?

I'll play out your scenario.

The government receives a report that four airliners have been hijacked, and the hijackers plan to (meaning "maybe") crash them somewhere in the cities of New York and Washington DC, within the next X hours. For the purposes of your scenario, the suburbs don't count.

In response to this threat, the police in both cities enter the homes and businesses of the residents without consent or warrant, and order (meaning force) the people into the streets, at gunpoint.  They have violated the constitutional rights of those citizens.

But, they have bigger problems, because now all of those people are in the streets, and the airliners may be coming.

Ummm... what was the point of this scenario, again?
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: txradioguy on April 24, 2013, 08:03:43 AM
Really? I'm wrong? The cops do have a duty to protect? Hmm, ok. Take your pick:

I did...and you refuse to look at it.  U.S. v. Smith.  1986.

Quote
Exigent circumstances arise when the law enforcement officers have reasonable grounds to believe that there is an immediate need to protect their lives, the lives of others, their property, or that of others, the search is not motivated by an intent to arrest and seize evidence, and there is some reasonable basis, to associate an emergency with the area or place to be searched

 
Quote
Put the projector down, TRG. It is you that "thinks" it's not a violation.


No it's the 10th Circuit Court ruling.

Quote
Care to explain how that has anything to do with what happened? Smith was suspected of trafficking narcotics. What were these people suspected of doing?

Sure.  

Quote
Officer Haran was legally upon the wing of the Smith aircraft when it was first detected parked at the Durango airport in order to determine whether it was occupied by smugglers who may have been armed and dangerous.

The cops in Boston were on a Manhunt for an armed and dagerous terrorist who was hiding in a residential neighborhood.  To determine whether the terrorist was hiding in a house in the 20 block search area where he was last seen it was necessary due to exigent curcimstances to remove the people from the house and search for the armed and dagerous terrorist.

So again the important takeaway from Smith that applies here is:

Quote
the law enforcement officers have reasonable grounds to believe that there is an immediate need to protect their lives, the lives of others, their property, or that of others, the search is not motivated by an intent to arrest and seize evidence, and there is some reasonable basis, to associate an emergency with the area or place to be searched

Show me where given what we know about the manhunt last friday any of the above isn't true or relavent to the actions of the officers.

Quote
Again, what were these people suspected of doing? Being terrorists? Anything to back it up? Is there a paper trail? Are there voice recordings?


Nothing.  Again the reason for the officers actions are stated above.

Quote
No, I gathered that from you comparing us to Alex Jones because we don't believe cops should be able to go door to door, guns drawn, forcing people out of their homes with their hands over their heads with no justification whatsoever. "There might be a terrorist in Watertown" is not justification to violate the Constitution because "there might be a terrorist" in any number of towns. [/quyote]

I don't eitehr.  You're assuming that because I disagree this one time I believe it should be this way all the time and you couldn't be more wrong.  There wasn't a "might" to there being a terrorist in Watertown...there WAS a terrorist on the loose in Watertown.  I listened to the scanner from the time I got here Friday morning until they shut it off right before I left.  Go look at the updates I was posting in Breaking News on this.  There was no possibly...no maybe or could be...ther WAS a cop killing bomb throwing Islamofascist terrorist on the loose in Watertown.

[quoteSlippery slope you seem to be going down, TRG.

Nope quite the contrary.  This is actioally the only time I can think of where I'd see the necesity for for what we're discussing.
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: txradioguy on April 24, 2013, 08:06:33 AM
I'll play out your scenario.

The government receives a report that four airliners have been hijacked, and the hijackers plan to (meaning "maybe") crash them somewhere in the cities of New York and Washington DC, within the next X hours. For the purposes of your scenario, the suburbs don't count.

Except that they do in D.C. there are residential areas all around the Pentagon plus hi rise Apartment buildings and in NYC.

Quote
In response to this threat, the police in both cities enter the homes and businesses of the residents without consent or warrant, and order (meaning force) the people into the streets, at gunpoint.  They have violated the constitutional rights of those citizens.


Perhaps I missed it but I didn't see in any of the pics I've looked at one LEO pointing a weapon at person leaving the house.

The reset of what you're adding to the scenario to fit your outcome has already been covered under exigent circumstances that I cited from the Davis case.

Quote
But, they have bigger problems, because now all of those people are in the streets, and the airliners may be coming.

Airliner crashes into a row of houses where the people were evacuated from and are now at a checkpoint outside the damage zone for where the plane could hit.

Who wins in that situation?

You'd have us believe that it's better for someone to have a terrorist come into someone's house and blow themselves AND the occuptants up just so your interprtation of what the 4th Amdnement states isn't violated.

Quote
Ummm... what was the point of this scenario, again?

 :whatever:
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: Big Dog on April 24, 2013, 08:07:56 AM
Could a judge issue a single search warrant that would cover an entire neighborhood?

Just asking.

Nope. A search warrant must describe the particular premises to be searched, the thing (or person) being searched for, and the probable cause for that search.
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: Rebel on April 24, 2013, 08:09:10 AM

I don't eitehr.  You're assuming that because I disagree this one time I believe it should be this way all the time and you couldn't be more wrong.  There wasn't a "might" to there being a terrorist in Watertown...there WAS a terrorist on the loose in Watertown.  I listened to the scanner from the time I got here Friday morning until they shut it off right before I left.  Go look at the updates I was posting in Breaking News on this.  There was no possibly...no maybe or could be...ther WAS a cop killing bomb throwing Islamofascist terrorist on the loose in Watertown.

Amazing you defend your stand with a 10th Circuit Court ruling that set precedent, which I contend has nothing to do with this situation, yet still can't understand how this scenario that just happened, which you happen to agree with, doesn't also set precedent. "Hey look! A bank robber just ran into that neighborhood! There's a threat! Let's go door to door dragging people out of their house at gunpoint!".

T-Total bullshit.
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: txradioguy on April 24, 2013, 08:14:46 AM
Amazing you defend your stand with a 10th Circuit Court ruling that set precedent, which I contend has nothing to do with this situation, yet still can't understand how this scenario that just happened, which you happen to agree with, doesn't also set precedent. "Hey look! A bank robber just ran into that neighborhood! There's a threat! Let's go door to door dragging people out of their house at gunpoint!".

How do you know there wasn't a "knock and annouce" warrant signed by a judge before all of this began?  

Oh wait that's right...

Quote
T-Total bullshit.

No that's what your interpretation of the whole scenario is.
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: txradioguy on April 24, 2013, 08:16:36 AM
An exigent circumstance, in the American law of criminal procedure, allows law enforcement to enter a structure without a search warrant, or if they have a "knock and announce" warrant, without knocking and waiting for refusal under certain circumstances. It must be a situation where people are in imminent danger, evidence faces imminent destruction, or a suspect will escape.
 
In the criminal procedure context, exigent circumstance means:
 

An emergency situation requiring swift action to prevent imminent danger to life or serious damage to property, or to forestall the imminent escape of a suspect, or destruction of evidence. There is no ready litmus test for determining whether such circumstances exist, and in each case the extraordinary situation must be measured by the facts known by officials.[1]
 

Those circumstances that would cause a reasonable person to believe that entry (or other relevant prompt action) was necessary to prevent physical harm to the officers or other persons, the destruction of relevant evidence, the escape of a suspect, or some other consequence improperly frustrating legitimate law enforcement efforts.[2]
 
Exigent circumstances may make a warrantless search constitutional if probable cause exists. The existence of exigent circumstances is a mixed question of law and fact.[3] There is no absolute test for determining if exigent circumstances exist, but general factors have been identified. These include: clear evidence of probable cause; the seriousness of the offense and likelihood of destruction of evidence; limitations on the search to minimize the intrusion only to preventing destruction of evidence; and clear indications of exigency.
 
Exigency may be determined by: degree of urgency involved; amount of time needed to get a search warrant; whether evidence is about to be removed or destroyed; danger at the site; knowledge of the suspect that police are on his or her trail; and/or ready destructibility of the evidence.[4] In determining the time necessary to obtain a warrant, a telephonic warrant should be considered. As electronic data may be altered or eradicated in seconds, in a factually compelling case the doctrine of exigent circumstances will support a warrantless seizure.
 
Even in exigent circumstances, while a warrantless seizure may be permitted, a subsequent warrant to search may still be necessary.[5]

1.^ People v. Ramey, 545 P.2d 1333,1341 (Cal. 1976)
 2.^ United States v. McConney, 728 F. 2d 1195, 1199 (9th Cir.), cert. denied, 469 U.S. 824 (1984)
 3.^ United States v. Anderson, 154 F. 3d 1225 (10th Cir, 1998) cert. denied 119 S. Ct. 2048 (1999) (citations omitted)
 4.^ United States v. Reed, 935 F. 2d 641 (4th Cir.), cert. denied, 502 U.S. 960 (1991).
 5.^ See Grosenheider, supra and United States v. David, 756 F. Supp. 1385 (D. Nev. 1991)


http://en.wikipedia.org/wiki/Exigent_circumstance_in_United_States_law
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: Rebel on April 24, 2013, 08:19:45 AM
How do you know there wasn't a "knock and annouce" warrant signed by a judge before all of this began?  


Because you can't get a Damn "knock and announce" warrant for an entire neighborhood. I'm surprised at just how many rights you're willing to forgo if the circumstances warrant it, circumstances that are ALWAYS subjective. Watertown isn't a combat zone. The "local commander" can't usurp an innocent person's constitutional rights, who isn't suspected of a damn thing, any time he/she sees fit.
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: Eupher on April 24, 2013, 08:20:53 AM
Interesting discussion back and forth.

Regardless the length and breadth of the banter, it'll be interesting to see whether or not the ambulance-chasing lawyers will take that video, identify the homes/residents who were rousted, and gin up a lawsuit against the city of Watertown/Boston.

Lawsuit in 3...2...1...
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: Rebel on April 24, 2013, 08:21:27 AM

Exigent circumstances may make a warrantless search constitutional if probable cause exists.

Show me the probable cause. I'll wait...
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: txradioguy on April 24, 2013, 08:22:18 AM
Because you can't get a Damn "knock and announce" warrant for an entire neighborhood.

So the answer is you don't know.  Got it.


Quote
I'm surprised at just how many rights you're willing to forgo if the circumstances warrant it, circumstances that are ALWAYS subjective. Watertown isn't a combat zone. The "local commander" can't usurp an innocent person's constitutional rights, who isn't suspected of a damn thing, any time he/she sees fit.

And yet the law as I've stated and will continue to cite...along with cases that back up the exigent circumstances in this situation says you're wrong...no matter how much you wish it were otherwise.
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: Rebel on April 24, 2013, 08:23:46 AM
And yet the law as I've stated and will continue to cite...along with cases that back up the exigent circumstances in this situation says you're wrong...no matter how much you wish it were otherwise.

Someone is wrong here, but it isn't me. Every damn case you mentioned was individual-based.
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: txradioguy on April 24, 2013, 08:25:37 AM
Show me the probable cause. I'll wait...

(http://www.usnews.com/dbimages/master/40859/FE_DA_0422_Dzhokhar_Tsarnaev.jpg)

Quote
Police are swarming to a Watertown, MA neighborhood where suspect #2 Dzhokhar Tsarnaev is believed to be cornered, and dozens of gunshots have been fired.

At least 20 to 30 shots rang out in the Boston suburb where police seem to have finally caught up with the 19-year-old Boston Marathon bombing suspect.

Police have been searching all day for Dzhokhar ever since the gun battle last night, also in Watertown ... in which his brother Tamerlan Tsarnaev was shot and killed.

According to TV reports ... Dzhokhar is still alive on a boat in a backyard, and surrounded by police.



http://www.tmz.com/2013/04/19/boston-marathon-bombing-suspects-police-search-corner-dzhokhar-tsarnaev/#ixzz2RO4YHW7O


Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: txradioguy on April 24, 2013, 08:26:34 AM
Someone is wrong here, but it isn't me. Every damn case you mentioned was individual-based.

 :whatever:  And if a DUmmie used that excuse you'd skewer them for splitting hairs.
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: Big Dog on April 24, 2013, 08:27:12 AM
Except that they do in D.C. there are residential areas all around the Pentagon plus hi rise Apartment buildings and in NYC.

You said "Lets say we had advance warning of what planes were gonna hit DC NY and Pennsylvania but not the exact building or neighborhood." 

I included the cities of NYC and Washington DC based on your words, and excluded the suburbs for the same reason. I excluded the entire state of Pennsylvania to make the scenario manageable.

If you want, I'll rewrite my reply to include all suburbs and every jurisdiction in Pennsylvania responding and telling (ordering) the citizens to leave their homes and businesses and going into the streets (based on 'Cops race into the neighborhoods or the office buildings in those areas were the planes are most likely to hit and start telling people to "get out"'), but I think that would be silly.
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: txradioguy on April 24, 2013, 08:27:47 AM
Interesting discussion back and forth.

Regardless the length and breadth of the banter, it'll be interesting to see whether or not the ambulance-chasing lawyers will take that video, identify the homes/residents who were rousted, and gin up a lawsuit against the city of Watertown/Boston.

Lawsuit in 3...2...1...

They will and it will be an individual named in the case versus the U.S.

The same kind of case that Rebel claims isn't valid in what I'm citing.
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: txradioguy on April 24, 2013, 08:28:25 AM
You said "Lets say we had advance warning of what planes were gonna hit DC NY and Pennsylvania but not the exact building or neighborhood." 

I included the cities of NYC and Washington DC based on your words, and excluded the suburbs for the same reason. I excluded the entire state of Pennsylvania to make the scenario manageable.

If you want, I'll rewrite my reply to include all suburbs and every jurisdiction in Pennsylvania responding and telling (ordering) the citizens to leave their homes and businesses and going into the streets (based on 'Cops race into the neighborhoods or the office buildings in those areas were the planes are most likely to hit and start telling people to "get out"'), but I think that would be silly.

Ummm...ok  :whatever:
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: Rebel on April 24, 2013, 08:29:43 AM
Showing me a picture of a perp is "probable cause" to go door to door forcing people from their homes at gunpoint, while their homes are searched? Talk about a ****ing stretch, TRG.

Here you go, I just picked a random photo of a suspect off Yahoo. This guy is seen robbing a store. He's armed. He fled into the vicinity of ________ Neighborhood.

(http://media.katu.com/images/070704_burglary_suspect.jpg)

You've just argued that you have absolutely NO problem with teams of cops in MRAPS showing up armed to the teeth and forcing people at gunpoint from their homes while their homes are searched. Innocent people that have done nothing wrong.

Your compass on Constitutionality must be in the calibration shop, TRG.
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: Eupher on April 24, 2013, 08:34:50 AM
So the answer is you don't know.  Got it.


And yet the law as I've stated and will continue to cite...along with cases that back up the exigent circumstances in this situation says you're wrong...no matter how much you wish it were otherwise.

You're citing a court case -- US vs. Smith 1986 -- whose details and rationale aren't always clear.

Did you read the entire decision, TRG?

Here's the first couple of paragraphs from the 10th Circuit's opinion:

Quote
We hold that the initial warrantless search of the Smith "target" airplane at the Durango, Colorado, airport was a valid search conducted by Officers Haran and Olson based upon the existence of probable cause and exigent circumstances. Thus, all subsequent seizures effected from the airplane were valid. We observe that none of the items seized pursuant to a search warrant on April 11, 1985, from Smith's residence and pickup truck were introduced in evidence at trial; thus, no prejudice resulted to Smith in terms of admission of fruit of an illegal search and seizure that day.
Officer Haran was legally upon the wing of the Smith aircraft when it was first detected parked at the Durango airport in order to determine whether it was occupied by smugglers who may have been armed and dangerous. Thus, the marijuana observed by Officer Haran within the cabin compartment was in "plain view." Objects within the plain view of an officer, who has a right to be in a position to have

From the bolded above, what I'm gathering from it in this case is, there wasn't a warrant. Yet the officers had probable cause to search it because of marijuana seen in the cabin while the cop was legally on the wing of the aircraft. And yet none of the items seized from Smith's home and truck were even entered into trial, with or without a warrant.

Apples and oranges.

None of the cops could be certain that the bomber entered into ANY of the homes they rousted. Yet they chose to exhibit the blanket "one size fits all" methodology. That's a dangerous decision, but clearly one that the cop head shed made.

It's my bet they will suffer the consequences of that decision in the form of one or more lawsuits from those who were rousted out of their homes.
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: Eupher on April 24, 2013, 08:38:04 AM
They will and it will be an individual named in the case versus the U.S.

The same kind of case that Rebel claims isn't valid in what I'm citing.

Why would a lawsuit cite the US as a defendant when it was the city of Boston that conducted the searches? Makes no sense.

And based on my post just above, I agree with Rebel. The case you're citing isn't valid. It's apples and oranges, though I definitely want to underline that NONE OF US babbling in this thread is a lawyer.
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: txradioguy on April 24, 2013, 08:50:49 AM
Why would a lawsuit cite the US as a defendant when it was the city of Boston that conducted the searches? Makes no sense.

Just pointing out the silliness of the reason Rebel gave for negating the cases I'm citing.

Quote
And based on my post just above, I agree with Rebel. The case you're citing isn't valid. It's apples and oranges, is a lawyer.


A man hears what he wants to hear and disregards the rest.... :whistling:
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: txradioguy on April 24, 2013, 08:55:26 AM
You're citing a court case -- US vs. Smith 1986 -- whose details and rationale aren't always clear.

Did you read the entire decision, TRG?

Here's the first couple of paragraphs from the 10th Circuit's opinion:

From the bolded above, what I'm gathering from it in this case is, there wasn't a warrant. Yet the officers had probable cause to search it because of marijuana seen in the cabin while the cop was legally on the wing of the aircraft. And yet none of the items seized from Smith's home and truck were even entered into trial, with or without a warrant.

Apples and oranges.

In your opinion.  I cited the relevant part of the ruling as it applies to what we're talking about here.

Quote
None of the cops could be certain that the bomber entered into ANY of the homes they rousted. Yet they chose to exhibit the blanket "one size fits all" methodology. That's a dangerous decision, but clearly one that the cop head shed made.

The cops couldn't be certain that the bomber had NOT entered any of the homes either.

And as I said earlier...had the cops not done what they did...there'd be some of the same people complaining about alleged 4th Amendment violations bitching about about the LEO's not protecting the citizens.

Quote
It's my bet they will suffer the consequences of that decision in the form of one or more lawsuits from those who were rousted out of their homes.

Don't see it happening.  What they did will stand up in court IF it is challenged.  Just like not Mirandizing terrorist #2 under the exceptions in stated in Miranda will stand up to any challenge brought by this dirbag's lawer.
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: Rebel on April 24, 2013, 09:00:47 AM

The cops couldn't be certain that the bomber had NOT entered any of the homes either.

Are you ****ing kidding me? That's your argument?
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: txradioguy on April 24, 2013, 09:02:06 AM
Showing me a picture of a perp is "probable cause" to go door to door forcing people from their homes at gunpoint, while their homes are searched? Talk about a ****ing stretch, TRG.



Quote
Here you go, I just picked a random photo of a suspect off Yahoo. This guy is seen robbing a store. He's armed. He fled into the vicinity of ________ Neighborhood.

(http://media.katu.com/images/070704_burglary_suspect.jpg)

You've just argued that you have absolutely NO problem with teams of cops in MRAPS showing up armed to the teeth and forcing people at gunpoint from their homes while their homes are searched. Innocent people that have done nothing wrong.

Now you're just being obtuse.  And I'm not sure if it's on purpose or not.

You keep saying forced at gunpoint.  You're being purposely dishonest.  As I said before show me one picture where the people leaving their houses have a weapon aimed at them.

Oh and because it doesn't seem to register with you...SWAT teams are SUPPOSED to be armed to the teeth.  Any other time you'd be stroiking yourself at your keyboard in the 2nd Amendment forum over all their awesome firepower and talking about how cool their gear is.

But because it serves your purpose suddenly..."armed to the teeth" SWAT teams are very bad.

 :whatever:


Quote
Your compass on Constitutionality must be in the calibration shop, TRG.

No but your tinfoil hat is in need of adjustment/alignment.  You're sounding like the nuts at DU.
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: txradioguy on April 24, 2013, 09:02:39 AM
Are you ****ing kidding me? That's your argument?

No that's just the focus of your outrage at this moment.  :lmao:
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: Rebel on April 24, 2013, 09:06:26 AM
Now you're just being obtuse.  And I'm not sure if it's on purpose or not.

You keep saying forced at gunpoint.  You're being purposely dishonest.  As I said before show me one picture where the people leaving their houses have a weapon aimed at them.

It's apparent you didn't watch the video, or any of the other videos in circulation.

Quote
Oh and because it doesn't seem to register with you...SWAT teams are SUPPOSED to be armed to the teeth.  Any other time you'd be stroiking yourself at your keyboard in the 2nd Amendment forum over all their awesome firepower and talking about how cool their gear is.

When they're taking out a terrorist; not when they're unconstitutionally forcing innocent people from their homes. Try again.

Quote
But because it serves your purpose suddenly..."armed to the teeth" SWAT teams are very bad.

 :whatever:


No but your tinfoil hat is in need of adjustment/alignment.  You're sounding like the nuts at DU.

No, TRG, it is you that is sounding like the nuts at DU. The ones that want conservatives and NRA members "rounded up" and their homes searched. You've never once heard me support such unconstitutional tactics. Now, as to your opinion on the analogy about the perp I posted that just robbed a store, was armed, and fled into _________ neighborhood.
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: Rebel on April 24, 2013, 09:08:37 AM
No that's just the focus of your outrage at this moment.  :lmao:

No, it just goes to show how far you will go to usurp a an innocent person's constitutional rights if some guy on the ground determines that they can't be sure if a suspect didn't enter into any of the homes. That's as asinine as saying, "we can't be sure people in this neighborhood aren't downloading child porn, so let's force them from their homes at gunpoint and search their computers".

Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: RayRaytheSBS on April 24, 2013, 09:12:25 AM
Great debate. One thing is sure, if you had been bringing this up in DUmmieland, one of you would have been tombstoned by now for hurting the other's feelings and the other would have been issued this:

(just sayin' I'm Glad to be here!!)
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: txradioguy on April 24, 2013, 09:15:43 AM
No, TRG, it is you that is sounding like the nuts at DU.

So in your weird view of this..citing case law and the legal definition of exigent circumstances is "soudning like the nuts at DU"?

Pull your head out of your a@ss...it's cutting off the blood flow to your brain.

Quote
The ones that want conservatives and NRA members "rounded up" and their homes searched.

Well again you're wrong in your dumb@ss thought process...cause that would mean I'm rounding myself up as well.

Idiot.


Quote
You've never once heard me support such unconstitutional tactics. Now, as to your opinion on the analogy about the perp I posted that just robbed a store, was armed, and fled into _________ neighborhood.

*sigh*...again let me state the facts to you.  Try and keep up this time...please.

Quote
EXIGENT CIRCUMSTANCES

 Emergency conditions. 'Those circumstances that would cause a reasonable person to believe that entry (or other relevant prompt action) was necessary to prevent physical harm to the officers or other persons, the destruction of relevant evidence, the escape of a suspect, or some other consequence improperly frustrating legitimate law enforcement efforts.' United States v. McConney, 728 F.2d 1195, 1199 (9th Cir.), cert. denied, 469 U.S. 824 (1984).
 
Exigent circumstances may excuse failure to make an announcement or to wait for the occupant to refuse entry. United States v. Mendonsa, 989 F. 2d 366, 370 (9th Cir. 1993). The existence of exigent circumstances is a mixed question of fact and law reviewed de novo. Id.
 
A search is reasonable, and a search warrant is not required, if all of the circumstances known to the officer at the time, would cause a reasonable person to believe that entry or search was necessary to prevent physical harm to the officer or other persons/the destruction or concealment of evidence/the escape of a suspect, and if there was insufficient time to get a search warrant.
 
The federal 'knock and announce' statute, 18 U.S.C. S 3109. Section 3109 requires 'police officers [to] knock, announce and be refused entry before they break into a residence. Exigent circumstances excuse noncompliance.' United States v. Turner, 926 F.2d 883, 886 (9th Cir.), cert. denied, 502 U.S. 830 (1991). Specifically, the court found that immediate entry was necessary 'for [the officers'] protection and the protection of others inside as well as to prevent the destruction of any drugs in defendant's possession or in the home.'
 
A simultaneous, no-refusal entry is permissible if at least 'mild exigent circumstances' were present. See United States v. McConney, 728 F.2d 1195, 1206 (9th Cir.) (en banc) (mild exigency is sufficient to justify simultaneous knock/announce and entry if entry does not require physical destruction of property), cert. denied, 469 U.S. 824 (1984); United States v. Whitney, 633 F.2d 902, 909 (9th Cir.'80) ('only a mild indication of exigency is required to excuse noncompliance with the `refusal of admittance' requirement of section 3109'), cert. denied, 450 U.S. 1004 (1981).
 
When police have a reasonable and sincere fear that someone is in jeopardy and contraband might be destroyed, this usually constitutes sufficient exigency to justify a simultaneous, no-refusal entry. See McConney, 728 F.2d at 1206; Whitney, 633 F.2d at 909-10.
 
Exigencies created by the government cannot be the basis for excusing compliance with the warrant requirement. See, e.g., United States v. Hackett, 638 F.2d 1179, 1183-85 (9th Cir.'80), cert. denied, 450 U.S. 1001 (1981); United States v. Curran, 498 F.2d 30, 34 (9th Cir.'74). The rule has been applied only in cases where exigencies arose 'because of unreasonable and deliberate [conduct] by officers,' in which the officers ' consciously established the condition which the government now points to as an exigent circumstance.' See, e.g., Curran, 498 F.2d at 34 (emphasis added); Hackett, 638 F.2d at 1183; United States v. Calhoun, 542 F.2d 1094, 1102-03 (9th Cir.'76), cert. denied, 429 U.S. 1064 (1977). an honest miscommunication is not a case where the government purposely tried to circumvent the requirements of section 3109. Cf. Hackett, 638 F.2d at 1184-85; Curran, 498 F.2d at 33-34.
 

http://www.lectlaw.com/def/e063.htm
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: txradioguy on April 24, 2013, 09:16:41 AM
Great debate. One thing is sure, if you had been bringing this up in DUmmieland, one of you would have been tombstoned by now for hurting the other's feelings and the other would have been issued this:

(just sayin' I'm Glad to be here!!)

Yeah it would have been me for daring to challenging the hysterical group think and posting factual information instead of emotional knee jerk responses.
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: Big Dog on April 24, 2013, 09:18:42 AM
Ummm...ok  :whatever:

I didn't even  need to go to reductio to reach absurdum. Are you certain you want to use this scenario?

OK, so based solely on the scenario you provided: Lets say we had advance warning of what planes were gonna hit DC NY and Pennsylvania but not the exact building or neighborhood.

It's September 11, 2001.  Hijackers have taken over 4 airliners.

The Federal government knows (through unspecified means which violate the laws of space and time) that planes will strike unknown target or targets somewhere in the greater New York City metropolitan area, and somewhere in the greater Washington DC metropolitan area; and the passengers of one airliner will at some point in the immediate future fight back, and the plane will crash somewhere in the state of Pennsylvania.

The Federal government communicates this knowledge to the mayors of all affected cities, and the governor of Pennsylvania, who send the police out.

Cops race into the neighborhoods or the office buildings in those areas were the planes are most likely to hit and start telling people to "get out".

The government can only do two things: Ask the people to leave their homes and businesses (with the option to say "no"), or order them to do so (with the force of the government behind that order, including the power to arrest or use deadly force). Since you used the words telling people to "get out", asking is not on the table.

So, the mayors and Governor identify "most likely" targets, and direct their law enforcement agencies to order evacuation of neighborhoods and particular buildings, based on their assessment of "most likely" targets, but nothing more specific.

A citizen refuses to evacuate: what then? If the police shoot him, arrest him, or forcibly remove him based only on the scenario you provided, they have violated his civil rights.
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: txradioguy on April 24, 2013, 09:20:17 AM
No, it just goes to show how far you will go to usurp a an innocent person's constitutional rights if some guy on the ground determines that they can't be sure if a suspect didn't enter into any of the homes. That's as asinine as saying, "we can't be sure people in this neighborhood aren't downloading child porn, so let's force them from their homes at gunpoint and search their computers".

Aaaand here's the point where you're losing the debate because your emotional outrage doesn't stand up to reality and factual information so you move the goalposts.


Fail.
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: txradioguy on April 24, 2013, 09:21:21 AM
I didn't even  need to go to reductio to reach absurdum. Are you certain you want to use this scenario?

OK, so based solely on the scenario you provided: Lets say we had advance warning of what planes were gonna hit DC NY and Pennsylvania but not the exact building or neighborhood.

It's September 11, 2001.  Hijackers have taken over 4 airliners.

The Federal government knows (through unspecified means which violate the laws of space and time) that planes will strike unknown target or targets somewhere in the greater New York City metropolitan area, and somewhere in the greater Washington DC metropolitan area; and the passengers of one airliner will at some point in the immediate future fight back, and the plane will crash somewhere in the state of Pennsylvania.

The Federal government communicates this knowledge to the mayors of all affected cities, and the governor of Pennsylvania, who send the police out.

Cops race into the neighborhoods or the office buildings in those areas were the planes are most likely to hit and start telling people to "get out".

The government can only do two things: Ask the people to leave their homes and businesses (with the option to say "no"), or order them to do so (with the force of the government behind that order, including the power to arrest or use deadly force). Since you used the words telling people to "get out", asking is not on the table.

So, the mayors and Governor identify "most likely" targets, and direct their law enforcement agencies to order evacuation of neighborhoods and particular buildings, based on their assessment of "most likely" targets, but nothing more specific.

A citizen refuses to evacuate: what then? If the police shoot him, arrest him, or forcibly remove him based only on the scenario you provided, they have violated his civil rights.

We can play the what if game all day if you want to continue to avoid reality of what I've been posting about where the 4th Amendment wasn't violated.

Whatever you want to do.
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: txradioguy on April 24, 2013, 09:26:17 AM
Quote
Rachel B‏@RaediantPhoenix
 SWAT's exact words: "have you seen anything unusual? Are there any areas of your home ud like us 2 search?" I said no thx.  They went away.

https://twitter.com/RaediantPhoenix/status/325304816563785728
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: Rebel on April 24, 2013, 09:29:23 AM
Yeah it would have been me for daring to challenging the hysterical group think and posting factual information instead of emotional knee jerk responses.

What factual information? Searching an entire neighborhood and forcing people from their homes at gunpoint isn't an exigent circumstance. An exigent circumstance is "we saw the perp run into this home. We don't have a warrant, but we have strong suspicions that he's still there". Not, "we saw him run into this home, let's act like Nazis (yes, the **** I did invoke Godwin) and search ALL homes, remove the occupants at gunpoint, and search their homes with no warrant or due process".
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: Big Dog on April 24, 2013, 09:29:58 AM
We can play the what if game all day if you want to continue to avoid reality of what I've been posting about where the 4th Amendment wasn't violated.

Whatever you want to do.

The only "what if" was yours. "Lets say we had advance warning of what planes were gonna hit DC NY and Pennsylvania but not the exact building or neighborhood," as you said.

But this is more fun than going to the casino. Play on!
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: Rebel on April 24, 2013, 09:30:16 AM
Thanks for telling me which side you'll stand on should Obama order the search and seizure of all firearms from private homes because it's determined that they cause an exigent danger, with an extremely subjective thought process, to the public, TRG.
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: Rebel on April 24, 2013, 09:31:58 AM
Aaaand here's the point where you're losing the debate because your emotional outrage doesn't stand up to reality and factual information so you move the goalposts.


Fail.


I'm losing the debate and getting emotional? You called me an idiot. Who's the one getting emotional? You never even had an up on the debate.
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: txradioguy on April 24, 2013, 09:32:16 AM
Quote
When they're taking out a terrorist; not when they're unconstitutionally forcing innocent people from their homes. Try again.

Exactly where is this guys 4th Amendment rights being violated?


(http://www.theblaze.com/wp-content/uploads/2013/04/watertown-search_4-620x413.jpg)

Members of a police SWAT team talk to a man while conducting a door-to-door search for 19-year-old Boston Marathon bombing suspect Dzhokhar A. Tsarnaev on April 19, 2013 in Watertown, Massachusetts. After a car chase and shoot out with police, one suspect in the Boston Marathon bombing, Tamerlan Tsarnaev, 26, was shot and killed by police early morning April 19, and a manhunt is underway for his brother and second suspect, 19-year-old Dzhokhar A. Tsarnaev. The two men are suspects in the bombings at the Boston Marathon on April 15, that killed three people and wounded at least 170. (Photo: Spencer Platt/Getty Images)


A Watertown resident and Boston Globe employee was at home when the SWAT team knocked on her door. Food editor Sheryl Julian described the interaction:
 

“The SWAT team knocked on every door,” Julian said. “They came in but they didn’t go through the house. We told them we had been through the basement. They went through the garage, in every bush, the whole team, rifles poised, through every single inch of this neighborhood. And every single inch of our house outside.”
 
They were very calm, just having a conversation when they came to the door.
 
“They asked, ‘Have you seen anyone? Have you checked around? Very polite.’”
 
They were going from door to door.
 
And then, just as quickly, they were gone.
 
“It was very quiet.”
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: Rebel on April 24, 2013, 09:34:07 AM
No, it just goes to show how far you will go to usurp a an innocent person's constitutional rights if some guy on the ground determines that they can't be sure if a suspect didn't enter into any of the homes. That's as asinine as saying, "we can't be sure people in this neighborhood aren't downloading child porn, so let's force them from their homes at gunpoint and search their computers".



BTW, this isn't getting emotional; this is a damn good analogy, one that you, by your own admission, wouldn't have a problem with. You've already set precedent in your thinking. Oh, you don't agree with this? Too late. You've already ceded the authority to the head LEO on the ground. What you "think" doesn't matter. "Drag those innocent people out and search those homes!"
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: txradioguy on April 24, 2013, 09:35:15 AM
I'm losing the debate and getting emotional? You called me an idiot. Who's the one getting emotional?  

Take a look in the mirror.  You'll find your answer.


Quote
You never even had an up on the debate.

Ummm yeah ok.  You keep telling yourself that.  Yet if you look...I'm the one that's backing up what I'm saying with case law and facts.

You've got...what...righteous indignation and a hand wrining response to a dangerous situation?

You're right...I haven't had an "up" on the debate.

 :whatever:
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: Rebel on April 24, 2013, 09:35:45 AM
Exactly where is this guys 4th Amendment rights being violated?


I specifically remember commenting on a video. Hell, I started a topic on it. I don't remember starting a topic on "TRG's cherry-picked image off Yahoo images".
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: Rebel on April 24, 2013, 09:36:33 AM
[youtube=425,350]2LrbsUVSVl8[/youtube]


In case "someone" forgot what the topic was about.
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: txradioguy on April 24, 2013, 09:37:53 AM
BTW, this isn't getting emotional; this is a damn good analogy, one that you, by your own admission, wouldn't have a problem with. You've already set precedent in your thinking. Oh, you don't agree with this? Too late. You've already ceded the authority to the head LEO on the ground. What you "think" doesn't matter. "Drag those innocent people out and search those homes!"

It's only a good analogy to YOU.  Because YOU want it to be.  Sounds like a bunch of whining and hysterical hand wroning to others...myself included.

Tell you what...show me black letter case law to proive your point and stop whinging like some 7 year old girl and I'll shut up.

You can't do it.

Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: Big Dog on April 24, 2013, 09:40:05 AM
What factual information? Searching an entire neighborhood and forcing people from their homes at gunpoint isn't an exigent circumstance. An exigent circumstance is "we saw the perp run into this home. We don't have a warrant, but we have strong suspicions that he's still there". Not, "we saw him run into this home, let's act like Nazis (yes, the **** I did invoke Godwin) and search ALL homes, remove the occupants at gunpoint, and search their homes with no warrant or due process".

More than that:
The police had no knowledge that the suspect was within their perimeter (he was not).
The police had no knowledge that the suspect was within any particular house or other building within that perimeter (he was not).
The police had no knowledge that any person within the perimeter who was removed from his home was a threat (there has been no evidence or statement that they were).

And, because the police "believed" the suspect was in the area, removing residents from their homes while being searched would have placed them in greater danger than remaining in their homes would have. Fortunately for those good citizens, the police were protecting them with rifles while they were out in the open....no, wait. The police have no affirmative responsibility to protect the public at large, per the US Supreme Court.

Oops. Looks like the police were willing to sacrifice some citizens for their own safety.
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: txradioguy on April 24, 2013, 09:40:37 AM
In case "someone" forgot what the topic was about.

Says the guy who moved the goal posts.


BTW were you there...did you hear the conversations the cops had with the people?

Nope and neither was I.  So your assumption that the people weren't agreeable to everything we see in those video's means jacksh*t.

And before you say "same goes for you"...I've been posting evidence to show the LEO's were polite asking if they could come in and if any place needed to be searched.

Got anything to the contrary?

Yeah...that's what I thought.
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: Rebel on April 24, 2013, 09:43:40 AM

Tell you what...show me black letter case law to proive your point

Case law? I'll just pull out my trump card.

Quote
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 Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Quote
You can't do it.

Done.
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: txradioguy on April 24, 2013, 09:44:32 AM
More than that:
The police had no knowledge that the suspect was within their perimeter (he was not).
The police had no knowledge that the suspect was within any particular house or other building within that perimeter (he was not).
The police had no knowledge that any person within the perimeter who was removed from his home was a threat (there has been no evidence or statement that they were).

Link?  Surely you've got some relavent news article that backs that up right?

Right?

Quote
And, because the police "believed" the suspect was in the area, removing residents from their homes while being searched would have placed them in greater danger than remaining in their homes would have.

And you know this how?

Quote
Fortunately for those good citizens, the police were protecting them with rifles while they were out in the open....no, wait.


Wait...they did something else...what's it called..hang on I'll remember...oh yeah they had the residents shelter in place.



Quote
The police have no affirmative responsibility to protect the public at large, per the US Supreme Court.

And yet there they were...doing just that.


Quote
Oops. Looks like the police were willing to sacrifice some citizens for their own safety.

Right because your OPINION trums reality because it happens to justify your stance on this.   :whatever:
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: Rebel on April 24, 2013, 09:45:37 AM

Says the guy who moved the goal posts.

When?


Quote
And before you say "same goes for you"...I've been posting evidence to show the LEO's were polite asking if they could come in and if any place needed to be searched.

The video is there. If that's "polite", I'd hate to see the asshole side of those LEOs.

Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: Splashdown on April 24, 2013, 09:47:16 AM
What would have happened had that homeowner refused to leave his home? Would the police have had a right to force him out without a warrant?
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: txradioguy on April 24, 2013, 09:50:53 AM
Case law? I'll just pull out my trump card.

If that's your "trump card"...you suck at poker.

Quote
Done.

All you've done is show that you don't have a damn leg to stand on.

Thanks for confimring what you pretty much proved in your opening tantrum of this thread...you're ranting and bitching and moaning from an emotional knee jerk reactive level with no facts or case law to back up what you're whinging about.

Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: Rebel on April 24, 2013, 09:52:00 AM
What would have happened had that homeowner refused to leave his home? Would the police have had a right to force him out without a warrant?

I think it's safe to assume they'd be thrown to the ground on their stomachs and zip-tied for "the public safety" and for "obstruction of 'justice'". Something TRG apparently has no problem with.
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: Rebel on April 24, 2013, 09:53:45 AM
If that's your "trump card"...you suck at poker.

All you've done is show that you don't have a damn leg to stand on.

Thanks for confimring what you pretty much proved in your opening tantrum of this thread...you're ranting and bitching and moaning from an emotional knee jerk reactive level with no facts or case law to back up what you're whinging about.



The Constitution doesn't matter? Wow. You have not once, ONCE shown where an exigent circumstance existed that warranted going door to door forcibly removing homeowners from their homes and searching their homes. Sorry, "well, they can't prove he isn't in there either" isn't a ****ing argument.
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: txradioguy on April 24, 2013, 09:54:16 AM
When?

"That's as asinine as saying, "we can't be sure people in this neighborhood aren't downloading child porn, so let's force them from their homes at gunpoint and search their computers".




Quote
The video is there. If that's "polite", I'd hate to see the asshole side of those LEOs.


Well given your attitude about what they were doing...if you'd been there you probably would have.
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: txradioguy on April 24, 2013, 09:57:35 AM
The Constitution doesn't matter? Wow.

Never said that.  Again that's your words.  Use them for yourself and quit trying to attribut them to me.



Quote
You have not once, ONCE shown where an exigent circumstance existed that warranted going door to door

And yet I did.  Not my fault you refuse to see the truth that's before you.

Oh yeah...if you did that it would totally ruin your tinfoil rant.


Quote
forcibly removing homeowners from their homes and searching their homes.

Still waiting to see where people were dragged violently from their homes.


Quote
Sorry, "well, they can't prove he isn't in there either" isn't a ****ing argument.

It is for the law and it is for thr courts.  Don't like it...run for ****ing congress and change the law.

Ok keep spitting into the wind Don Quixote...your choice.
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: txradioguy on April 24, 2013, 09:58:48 AM
I think it's safe to assume they'd be thrown to the ground on their stomachs and zip-tied for "the public safety" and for "obstruction of 'justice'". Something TRG apparently has no problem with.

You know what...there was a time when you'd actually engage in intelligent debate.  Now you're just being lazy and taking teh DU way out.

What a ****ing disappointment that is.  Especially from you.
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: Big Dog on April 24, 2013, 09:59:04 AM
Link?  Surely you've got some relavent news article that backs that up right?

Well, he wasn't within their perimeter. That pretty much covers it.

Quote
Wait...they did something else...what's it called..hang on I'll remember...oh yeah they had the residents shelter in place.

Right up to the point they walked those residents out into the street with their hands on their heads.

Quote
And yet there they were...doing just that.

Were they? The guy with his hands on his head, surrounded by officers with rifles, may not think so. I may have missed a police officer off-camera, enticing that man down the street with an ice cream cone.

Personally, I'd be much more secure in my home (to get back that pesky old Constitution), than out in the open with my hands on my head, with an armed suspect running around; and officers who couldn't tell the difference between a blond guy in his own home, and a dark haired guy with guns and bombs. (Damn, what a run on sentence!)

But that's just me.

Quote
Right because your OPINION trums reality because it happens to justify your stance on this.   :whatever:

In fact, my opinion pretty much does trump someone else's version of reality, particularly if that someone's scenario required the federal government to violate the laws of space and time in order to work.
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: Rebel on April 24, 2013, 09:59:13 AM
Well given your attitude about what they were doing...if you'd been there you probably would have.

For not wanting them to force me from MY home and forcing their way into my house with no warrant and with the intent of searching my home when I haven't done a damn thing? Remind me of your oath, TRG, the one I also took a few times. Sworn to uphold and defend the what?
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: Firekrakka on April 24, 2013, 10:00:53 AM
I think it's safe to assume they'd be thrown to the ground on their stomachs and zip-tied for "the public safety" and for "obstruction of 'justice'". Something TRG apparently has no problem with.

Oh you know it.

(http://www.nowtheendbegins.com/blog/wp-content/uploads/martial-law-is-obama-new-america.jpg)
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: Rebel on April 24, 2013, 10:03:05 AM

And yet I did.  Not my fault you refuse to see the truth that's before you.

No, TRG, you didn't. You never once showed any evidence of an exigent circumstance that would allow this to happen to an entire neighborhood.

Quote
Oh yeah...if you did that it would totally ruin your tinfoil rant.

If you're going to go that sleazy route, make sure your jackboots are laced up correctly.

Quote
Still waiting to see where people were dragged violently from their homes.

I posted the video in the introductory post and reposted it on the second page. I'm not watching the damn thing for you.

Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: txradioguy on April 24, 2013, 10:11:39 AM
For not wanting them to force me from MY home and forcing their way into my house with no warrant and with the intent of searching my home when I haven't done a damn thing? Remind me of your oath, TRG, the one I also took a few times. Sworn to uphold and defend the what?

The Constitution.  Against enemies foreign and doimestic.

And that's exactly what I'm doing and will continue to do. 

What I won't do is become unhinged from reality like you are.

Your problem is you're looking at the wrong people here as the enemy.  How many of those SWAT team members you're disparaging for doing their job wore a uniform too?  Or the FBI Tactical guys that were on scene?

You wanna wag your finger in disdain at them and remind THEM about the oath they took?  They won't take it from an arm chair QB sharp shooting their actions on the ground any better than I am.

You're being nothing more than an arrogant prick with a loose grasp of facts to try and claim some moral high ground on this and all you're doing is looking foolish.


Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: Rebel on April 24, 2013, 10:13:53 AM
You wanna wag your finger in disdain at them and remind THEM about the oath they took?

They violated that oath. Next you'll be telling us, "hey, if you have nothing to hide, what's the problem?"
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: txradioguy on April 24, 2013, 10:14:42 AM
No, TRG, you didn't. You never once showed any evidence of an exigent circumstance that would allow this to happen to an entire neighborhood.

Once again for the slow learners:

Quote
Emergency conditions. 'Those circumstances that would cause a reasonable person to believe that entry (or other relevant prompt action) was necessary to prevent physical harm to the officers or other persons, the destruction of relevant evidence, the escape of a suspect, or some other consequence improperly frustrating legitimate law enforcement efforts.' United States v. McConney, 728 F.2d 1195, 1199 (9th Cir.), cert. denied, 469 U.S. 824 (1984).


http://www.lectlaw.com/def/e063.htm

Now show me hard evidence that wasn't the case in Watertown.

Quote
If you're going to go that sleazy route, make sure your jackboots are laced up correctly.

Sleazy?  That's rich coming from the armchair QB trying to remind ME of my oath.




[/quote]
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: Rebel on April 24, 2013, 10:15:43 AM
BTW, when did I start looking at the wrong people as the enemy? You see me defending the bombers? Saying they weren't the enemy? NO, but just because they're trying to find the second bomber, doesn't mean I have to give up MY 4th amendment right to be secure in my own home and it damn sure doesn't give them the right to suspend my rights because they can't rule out that the second guy isn't in numerous homes in an entire neighborhood.
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: txradioguy on April 24, 2013, 10:15:56 AM
They violated that oath.

In your opinion.  Which somehow here for you...trumps reality and facts.

But hey...if it makes you feel sooo much more superior to the rest of us...who am I to ruin your fantasy.
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: Rebel on April 24, 2013, 10:17:35 AM
Sleazy?  That's rich coming from the armchair QB trying to remind ME of my oath.

I'm the armchair QB? Tell me, TRG, when and where did you get your law degree? I took the same damn oath a few times myself. I'm not the one arguing that it's OK to violate that oath if a suspected terrorist fled to a neighborhood.




Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: txradioguy on April 24, 2013, 10:19:49 AM
BTW, when did I start looking at the wrong people as the enemy? You see me defending the bombers? Saying they weren't the enemy? NO, but just because they're trying to find the second bomber, doesn't mean I have to give up MY 4th amendment right to be secure in my own home and it damn sure doesn't give them the right to suspend my rights because they can't rule out that the second guy isn't in numerous homes in an entire neighborhood.

Oooo don't like it when the shoe in on the other foot Reb?

Never once did I indicate you were supporting the bombers.  Didn't even hint at it.  All I said was you're looking at the cops as the enemy here and that's wrong.

YOU jumped to that conclusion...not me.  However...on the other hand...
 
Supposedly according to you I hate the Constitution...I've violated my oath as a soldier and I'd cheer people getting zip tied in their front yard.

It's perfectly ok to say that
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: txradioguy on April 24, 2013, 10:21:37 AM
I'm the armchair QB? Tell me, TRG, when and where did you get your law degree?

Never said I had one.  Hence the reason I do RESEARCH and find factual evidence to back up what I'm saying.

Otherwise I'd just be posting long winded rants based on nothing more than emotion like...well...you are.



Quote
I took the same damn oath a few times myself. I'm not the one arguing that it's OK to violate that oath if a suspected terrorist fled to a neighborhood.


Neither am I.  But that's not stopping you from accusing me of it now is it?





Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: formerlurker on April 24, 2013, 10:24:39 AM
Absolutely no idea what happened at this residence and why it was surrounded like that - this did not happen at each home.  But don't you let lack of facts get in the way of your fabricated outrage.   

Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: formerlurker on April 24, 2013, 10:32:14 AM
Quote
Meanwhile, others say the police did what they had to do. Another comment came from Catherine Bartolomucci who works at the Boston Children's Hospital: "They did not conduct these raids (in the manner shown in this video) for every house….only on tips. Many residents called if they heard noises in the basement, saw blood outside, etc…in which case they responded as one should given this man was a terrorist who was likely armed with explosives. I have not heard any complaint of the status of any raid from fellow Watertown residents… only from those whose houses did not get searched, and wished they had."

http://www.wkrg.com/story/22058099/did-boston-police-go-too-far-during-search

You have no idea if they had a warrant based on these tips, what the tips were and I love the comment on this article - proof this was even in Watertown please. 
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: formerlurker on April 24, 2013, 10:44:47 AM
[youtube=425,350]4nrkcUV_7Qk[/youtube]

Well that is exactly what it looked like when you watch the entire tape.   One house picked for whatever reason.   
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: txradioguy on April 24, 2013, 10:50:30 AM
[youtube=425,350]4nrkcUV_7Qk[/youtube]

Well that is exactly what it looked like when you watch the entire tape.   One house picked for whatever reason.   

IIRC from listening to the Boston PD scanner that day there was one house that was supposed to be empty...but someone kept looking out from behind a curtain in an upstairs window then ducking back behind it.  That's what drew them to that particular house.
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: formerlurker on April 24, 2013, 10:51:55 AM
Exigent Circumstances  (http://le.alcoda.org/publications/point_of_view/files/exigent_circumstances.pdf)

Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: txradioguy on April 24, 2013, 10:57:58 AM
Exigent Circumstances  (http://le.alcoda.org/publications/point_of_view/files/exigent_circumstances.pdf)



LOL! Won't do you any good with Rebel.  I showed him that too and he said there was nothing going on in Watertown that justified using exigent cuircumstances.
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: Rebel on April 24, 2013, 11:09:43 AM
Sad what a supposed free people will accept as the norm for the sake of security.
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: formerlurker on April 24, 2013, 11:10:20 AM
LOL! Won't do you any good with Rebel.  I showed him that too and he said there was nothing going on in Watertown that justified using exigent cuircumstances.

Oh I see.  

Pay no attention to the IEDs on the road kids...
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: Eupher on April 24, 2013, 11:11:17 AM
In your opinion.  I cited the relevant part of the ruling as it applies to what we're talking about here.

That's just the point, TRG. The ruling ISN'T relevant to what happened in Watertown. An airplane on the ground in which it was suspected that armed people might be in, and then in the process of determining that, an LEO observed what appeared to be marijuana in the airplane's cabin. That does not equate in any way to what happened in Watertown when an entire NEIGHBORHOOD was rousted because of what the LEOs thought were a dangerous criminal being afforded sanctuary in one of those houses.

As if the occupants wouldn't know it.  :lmao:

Any LEO with half a brain could instantly determine if a homeowner was hiding something/someone or not. The sight of all those uniforms with all those weapons tends to be very intimidating -- the very essence of terror.


Quote
Don't see it happening.

Okay, you don't see it happening. But that doesn't mean it won't. There are PLENTY of hungry lawyers out there. Time will tell whether or not some hungry lawyer will convince one of those rousted people that their 4th Amendment rights were shitcanned down the toilet.

Quote
  What they did will stand up in court IF it is challenged. 

In your opinion.

Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: formerlurker on April 24, 2013, 11:11:28 AM
Sad what a supposed free people will accept as the norm for the sake of security.

You have no idea if there was a warrant or the reason why they did what they did, yet have assessed the situation and deemed it unconstitutional.  

Did anyone from this house speak out yet?
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: Rebel on April 24, 2013, 11:11:59 AM
BTW, that's not the only house that was searched like that. Hate to burst your bubble, FL. I've posted one video. You apparently didn't believe that one, so I won't waste my time posting other videos like a guy in a house that opened his window and had a LEO behind a turret aim at him and yell at him to close his window.
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: formerlurker on April 24, 2013, 11:13:26 AM
That's just the point, TRG. The ruling ISN'T relevant to what happened in Watertown. An airplane on the ground in which it was suspected that armed people might be in, and then in the process of determining that, an LEO observed what appeared to be marijuana in the airplane's cabin. That does not equate in any way to what happened in Watertown when an entire NEIGHBORHOOD was rousted because of what the LEOs thought were a dangerous criminal being afforded sanctuary in one of those houses.

As if the occupants wouldn't know it.  :lmao:

Any LEO with half a brain could instantly determine if a homeowner was hiding something/someone or not. The sight of all those uniforms with all those weapons tends to be very intimidating -- the very essence of terror.


Okay, you don't see it happening. But that doesn't mean it won't. There are PLENTY of hungry lawyers out there. Time will tell whether or not some hungry lawyer will convince one of those rousted people that their 4th Amendment rights were shitcanned down the toilet.

In your opinion.



SCOTUS uphold exigent circumstances cause the cops smelled pot.....

http://www.abajournal.com/news/article/supreme_court_upholds_exigent-circumstances_search_of_apartment_that_smelle/
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: formerlurker on April 24, 2013, 11:14:02 AM
BTW, that's not the only house that was searched like that. Hate to burst your bubble, FL. I've posted one video. You apparently didn't believe that one, so I won't waste my time posting other videos like a guy in a house that opened his window and had a LEO behind a turret aim at him and yell at him to close his window.

Please post it because I looked for more and didn't see any.

Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: Eupher on April 24, 2013, 11:17:33 AM
Exactly where is this guys 4th Amendment rights being violated?


(http://www.theblaze.com/wp-content/uploads/2013/04/watertown-search_4-620x413.jpg)

Members of a police SWAT team talk to a man while conducting a door-to-door search for 19-year-old Boston Marathon bombing suspect Dzhokhar A. Tsarnaev on April 19, 2013 in Watertown, Massachusetts. After a car chase and shoot out with police, one suspect in the Boston Marathon bombing, Tamerlan Tsarnaev, 26, was shot and killed by police early morning April 19, and a manhunt is underway for his brother and second suspect, 19-year-old Dzhokhar A. Tsarnaev. The two men are suspects in the bombings at the Boston Marathon on April 15, that killed three people and wounded at least 170. (Photo: Spencer Platt/Getty Images)


A Watertown resident and Boston Globe employee was at home when the SWAT team knocked on her door. Food editor Sheryl Julian described the interaction:
 

“The SWAT team knocked on every door,” Julian said. “They came in but they didn’t go through the house. We told them we had been through the basement. They went through the garage, in every bush, the whole team, rifles poised, through every single inch of this neighborhood. And every single inch of our house outside.”
 
They were very calm, just having a conversation when they came to the door.
 
“They asked, ‘Have you seen anyone? Have you checked around? Very polite.’”
 
They were going from door to door.
 
And then, just as quickly, they were gone.
 
“It was very quiet.”


We'll never know the real deal here. It could be that cooler heads prevailed with this particular group/squad of cops. The leader of this squad understood the ramifications of forcibly ejecting people from their homes with their hands over their heads and made a simple request.

No big deal. Life goes on.

BTW, I agree with TRG in that in the video I saw, I didn't see any LEO point his weapon at a resident. I saw LEOs instruct residents to raise their arms over their heads, but no direct threat by pointing his weapon.
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: Eupher on April 24, 2013, 11:20:18 AM
Oh I see.  

Pay no attention to the IEDs on the road kids...

The two critters built a grand total of five bombs, two of which were exploded at the marathon, one of the street during the firefight in which the elder brother was gunned down, and two others.

Low grade explosives.

Wow.

Let's roust the neighborhood. Even the screaming children.
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: Eupher on April 24, 2013, 11:21:20 AM
SCOTUS uphold exigent circumstances cause the cops smelled pot.....

http://www.abajournal.com/news/article/supreme_court_upholds_exigent-circumstances_search_of_apartment_that_smelle/

And smelling pot is analogous to a fleeing critter exactly how?
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: Big Dog on April 24, 2013, 11:22:34 AM
Oh I see.  

Pay no attention to the IEDs on the road kids...

You keep bringing that up as justification to shut down the entire city.

How many of those IEDs were recovered on the road in East Boston, South Boston, Chelsea, Revere, or Quincy? All of those neighborhoods were locked down "voluntarily" sheltered in place, and public transportation in those unaffected areas was shut down too.

How about the small businessmen who counted on public transit for his employees to come to work in an unaffected part of the metropolitan area? Their closing was hardly "voluntary".
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: Splashdown on April 24, 2013, 11:25:38 AM
I'll be honest. I'm finding this debate fascinating.

Swear to God I'm not stirring shit with this next question:

How come the guy taking the video wasn't rousted from his house?

I can definitely see both sides of this argument. It has been going on since the Civil War.

There has to be more to it than what we see on that video.
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: Firekrakka on April 24, 2013, 11:29:29 AM

Let's roust the neighborhood. Even the screaming children.

Not to mention the pets!

(http://static.infowars.com/2013/04/i/general/bpd422.jpg)
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: Eupher on April 24, 2013, 11:30:18 AM
Not to mention the pets!

(http://static.infowars.com/2013/04/i/general/bpd422.jpg)

Terrorist Kitty!
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: Firekrakka on April 24, 2013, 11:31:01 AM
 :lol:
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: Eupher on April 24, 2013, 11:32:20 AM
I'll be honest. I'm finding this debate fascinating.

Swear to God I'm not stirring shit with this next question:

How come the guy taking the video wasn't rousted from his house?

I can definitely see both sides of this argument. It has been going on since the Civil War.

There has to be more to it than what we see on that video.

He was taping surreptitiously. It could be that he shut the camera down when they came knocking at his door. He did tape the cop standing outside his door.
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: Big Dog on April 24, 2013, 11:35:17 AM
Not to mention the pets!

(http://static.infowars.com/2013/04/i/general/bpd422.jpg)

See the bag of Cheesy Poofs and half a bottle of wine on the coffee table?

I bet there's a bag of weed under the couch cushion!

"OK, Mr. Jingles, just be cool...be cool. Giggle, giggle."
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: Eupher on April 24, 2013, 11:38:18 AM
See the bag of Cheesy Poofs and half a bottle of wine on the coffee table?

I bet there's a bag of weed under the couch cushion!

"OK, Mr. Jingles, just be cool...be cool. Giggle, giggle."

The tipoff is the color purple.

Who buys a purple couch?

Dopesmokers, that's who! (Terrorist Kitty keeps mistaking the weed for catnip, though, which is a huge problem.)
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: thundley4 on April 24, 2013, 11:49:19 AM
The tipoff is the color purple.

Who buys a purple couch?

Dopesmokers, that's who! (Terrorist Kitty keeps mistaking the weed for catnip, though, which is a huge problem.)

There is also the camera and laptop right there.  Those subversives were photographing the cops and uploading to Twitter.
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: IassaFTots on April 24, 2013, 12:06:39 PM
Not to mention the pets!

(http://static.infowars.com/2013/04/i/general/bpd422.jpg)

 :offtopic:

I spy wine and cheesy poofs.  

ETA: shoulda gone to the next page before replying.  They were already spied.   :thatsright:
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: txradioguy on April 24, 2013, 12:18:16 PM


In your opinion.



Nope that is the opinion of someone who IS a Constitutional lawyer.  Might have heard of him...runs Landmark Legal Foundation.  Heard he has a talk show too.
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: txradioguy on April 24, 2013, 12:19:18 PM
The tipoff is the color purple.

Who buys a purple couch?

Dopesmokers, that's who! (Terrorist Kitty keeps mistaking the weed for catnip, though, which is a huge problem.)

I'm assuming the owner of the ponytail is female...my guess is she made him buy it under duress.
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: txradioguy on April 24, 2013, 12:22:06 PM
The two critters built a grand total of five bombs, two of which were exploded at the marathon, one of the street during the firefight in which the elder brother was gunned down, and two others.

Low grade explosives.

Wow.

Let's roust the neighborhood. Even the screaming children.

They exploded in two in controlled blasts...and disabled one more while they were looking for the kid.  IIRC they found seven more pipe bombs as well.
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: txradioguy on April 24, 2013, 12:26:36 PM
You keep bringing that up as justification to shut down the entire city.

So yo'd rather people fill those high traffic areas?  Talk about a target rich environment for terrorists.

Quote
How many of those IEDs were recovered on the road in East Boston, South Boston, Chelsea, Revere, or Quincy? All of those neighborhoods were locked down "voluntarily" sheltered in place, and public transportation in those unaffected areas was shut down too.

They found three more already planted.  Go back and look at the thread from last friday...I was posting updates like crazy.  Two were detonated in controlled blasts and one was dismantled. 

Quote
How about the small businessmen who counted on public transit for his employees to come to work in an unaffected part of the metropolitan area? Their closing was hardly "voluntary".

No one said the shut down of the MBTA was voluntary.  That game from the State in the interest of the safety of the people.

Something you seem to care nothing about in some misguided defense of the 4th Amendment.


It's like you're saying...yeah people got blown up...couple kids died in the cross fire between the cops and the terrorist...but hey...at least I didn't see any violations of the 4th Amendment.

 :whatever:
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: txradioguy on April 24, 2013, 12:42:57 PM
I'll be honest. I'm finding this debate fascinating.

Swear to God I'm not stirring shit with this next question:

How come the guy taking the video wasn't rousted from his house?

I can definitely see both sides of this argument. It has been going on since the Civil War.

There has to be more to it than what we see on that video.

It was not a search to implicate homeowners in any crime and none were.  It was a search for a dangerous fugitive and unrelated to unlawful search and seizure of homeowners property or persons.
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: Big Dog on April 24, 2013, 01:16:27 PM
So yo'd rather people fill those high traffic areas?  Talk about a target rich environment for terrorists.

As a wise man once said, "Those who sacrifice liberty for security deserve neither."

Quote
No one said the shut down of the MBTA was voluntary.

formerlurker said the lockdown "shelter in place" was voluntary. I pointed out that shutting down public transit all over the city created an involuntary shutdown for small business owners in areas far removed from the manhunt, because their employees could not get to work.

Quote
Something you seem to care nothing about in some misguided defense of the 4th Amendment.

I've never found defending the 4th Amendment, nor any other part of the Constitution, to be misguided. I'm hardheaded that way.

"If ye love wealth better than liberty,
the tranquility of servitude
better than the animating contest of freedom,
go home from us in peace.
We ask not your counsels or your arms.
Crouch down and lick the hands which feed you.
May your chains set lightly upon you,
and may posterity forget that you were our countrymen."
-Samuel Adams

Quote
It's like you're saying...yeah people got blown up...couple kids died in the cross fire between the cops and the terrorist...but hey...at least I didn't see any violations of the 4th Amendment.

 :whatever:

It's like I'm saying, "As soon as our government ignores the Constitution and curtails our liberty in response to a terrorist threat, the terrorists have won."

Or, it's like I am saying, "The bad guys won this round, and the next batch of bad guys now know how to bring a city to a standstill."

Or maybe, it's like I am saying, "Some of us refuse to live in fear of terrorists OR our 'benevolent' government."

Don't put words in my mouth, and I won't put words in yours. Since I know what I'm saying, and it is at least one of these, you can take your pick.
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: txradioguy on April 24, 2013, 02:25:16 PM
As a wise man once said, "Those who sacrifice liberty for security deserve neither."

Applying that quote to this situation...is one of the stupidest things I've ever seen posted here.

Hope you're proud.

Quote
formerlurker said the lockdown "shelter in place" was voluntary. I pointed out that shutting down public transit all over the city created an involuntary shutdown for small business owners in areas far removed from the manhunt, because their employees could not get to work.

I heard the broadcast on the scanner.  Did you?  This is one place where FL is mistaken.  They told people to stay home.  Mandatory shut down of the MBTA.  Stay indoors do not answer the door unless it was to respond to an identified law enforcement officer and do not go near the windows.  Go look in breaking news...I posted the damn announcement seconds after it came across the airwaves.  They had just given the all clear and that people could leave their homes about 5 minutes BEFORE terrorist #2 was captured.

Quote
I've never found defending the 4th Amendment, nor any other part of the Constitution, to be misguided.

Except you're NOT defending it.  You're standing on a misinterpretation of the 4th Amendment despite all the evidence that points to the fact you're tragically wrong.

Quote
I'm hardheaded that way.

No...just not too bright when it comes to the law.

Quote
"If ye love wealth better than liberty,
the tranquility of servitude
better than the animating contest of freedom,
go home from us in peace.
We ask not your counsels or your arms.
Crouch down and lick the hands which feed you.
May your chains set lightly upon you,
and may posterity forget that you were our countrymen."
-Samuel Adams

Cite all the flowery poetry from one of the FF's you like.  How is that going to be any comfort if you're dead because YOU think that YOU know the 4th Amendment better than law enforcement officer?  I'm sure your family and friends will be comforted by the words of Sam Adams.  :whatever:

Quote
It's like I'm saying, "As soon as our government ignores the Constitution and curtails our liberty in response to a terrorist threat, the terrorists have won."

Or, it's like I am saying, "The bad guys won this round, and the next batch of bad guys now know how to bring a city to a standstill."

Or maybe, it's like I am saying, "Some of us refuse to live in fear of terrorists OR our 'benevolent' government."

Don't put words in my mouth, and I won't put words in yours. Since I know what I'm saying, and it is at least one of these, you can take your pick.

I'm not putting words in your mouth.  

As I said earlier...It was not a search to implicate homeowners in any crime and none were.  It was a search for a dangerous fugitive and unrelated to unlawful search and seizure of homeowners property or persons.

I've cited and backed it up with legal cases where exigent circumstances apply in the hunt for a dangerous terrorist.

You've countered with Samuel Adams?

 :whatever:

Neither you or Rebel have anything other than your own paranoid Alex Jones type rantings to back up any of the histrionics you've posted here today.

You've both engaged in the same type of fear mongering fact LESS babble that you'd be laughing about and mocking if it came from the website called DU.



Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: txradioguy on April 24, 2013, 02:33:06 PM
Quote
formerlurker said the lockdown "shelter in place" was voluntary. I pointed out that shutting down public transit all over the city created an involuntary shutdown for small business owners in areas far removed from the manhunt, because their employees could not get to work.

If you won't take my word for it...perhaps you can take it up with someone who was in the middle of the search area.  One of our own members redwhit:

Quote
   
Re: BREAKING: MIT under siege, officer shot, police turn off cellphones ...
« Reply #40 on: April 19, 2013, 10:04:32 »
Quote
Reverse 911 emergency calls have gone out to people in surrounding towns (Cambridge, Watertown, others I would imagine) and we have been told to stay home.  No public transport. I could walk to work but that's closed too.  Hopefully no one else will get hurt.

http://www.conservativecave.com/index.php/topic,86226.0/msg,1070445.html


The communities were getting reverse 911 calls with instructions on what to do.  Guess that's another hole in your eeeevil gubmint theory huh?
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: txradioguy on April 24, 2013, 02:35:45 PM
http://www.conservativecave.com/index.php/topic,86226.0.html

There's the entire thread from last friday.  Some people here need to go read and educate themselves on what was going on before they continue their hysterical rants.
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: Big Dog on April 24, 2013, 02:55:55 PM
If you won't take my word for it...perhaps you can take it up with someone who was in the middle of the search area.  One of our own members redwhit:

http://www.conservativecave.com/index.php/topic,86226.0/msg,1070445.html


The communities were getting reverse 911 calls with instructions on what to do.  Guess that's another hole in your eeeevil gubmint theory huh?

Actually, you just made my point for me.

"We have been told to stay home" is not the same as "voluntary shelter in place".

Oops.
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: Big Dog on April 24, 2013, 03:53:53 PM
Looks to me like you are willing to sacrifice principles for safety, txradioguy. May your chains rest lightly upon you.

And now a scenario for you. I promise it won't require anyone to be able to see into the future.

At 0200 tomorrow, you receive a call from your First Sergeant. He directs you to activate your platoon alert roster, and orders your Soldiers to report for formation at 0800 in full field gear. Be prepared for one week of field duty. He orders you to report to the the S4 NCOIC at 0600, to prepare to draw personal weapons, NVG, and commo. The 1SG does not tell you where you are going or what you are doing when you get there. You call your squad leaders and set the wheels in motion.

0800: Formation. The S2 gives your platoon leader a copy of your roster, with the names of two Soldiers checked off. The LT tells you to have the two Soldiers fall out and report back to the company area. You recognize the two Soldiers as Kansas natives, whom you call "the Plowboys".

1000: Warning Order: Your company is deploying CONUS for counter-terror operations. Departure time 2000 from the airfield. Your company is in lockdown in the company area until that time. Nothing further.

2000: Loaded onto an ANG C-5, your company departs. the 1SG advises that you will receive a briefing upon arrival CONUS.

DAY 2:

1200: You arrive at Marshall Field, Ft Riley KS. Soldiers are issued personal weapons, NVG, radios, and MREs for 3 days. You draw vehicles and crew-served weapons at Camp Funston.

2000: Mission briefing by your company commander-

Situation: In BigDog County, KS, the county sheriff publicly refused a recent Presidential executive order for any local law enforcement agency which receives Federal grant money to register "assault-style" rifles and large capacity magazines within the county. The sheriff was declared an "insurrectionist" and "domestic terrorist" by the US Dept of Justice. The "terrorist" may be somewhere in the county, but his actual location is unknown. Local law enforcement and citizens may be sympathetic to the sheriff, and are not to be trusted.

FBI estimates 50 percent of the houses in the county have at least one firearm; a local Farmer's Co-op has 8,000 pounds of nitrate fertilizer kept in a storage shed. FBI estimates 200 pressure cookers in private homes and stores within the county.

Your unit was tasked because of concerns that local (Ft Riley) Soldiers would be sympathetic to the local citizens, and no Soldiers with Kansas HORs are participating in the operation.

Mission: Locate the "terrorist", capture him, and confiscate any "assault-type" weapons or magazines with capacity greater than 10 rounds, pursuant to the original executive order.

Execution: Your platoon is given an area containing a town of 1,000 people. You are ordered to search all houses and buildings within that area.

Command and signal: You will report to and receive orders only through your regular chain of command. Rules of engagement: standard counterinsurgency ROE.

Coordinating instructions: The BN SJA says that posse comatatus does not apply. She also says "exigent circumstances" permit you to search all homes within the county. Ammunition will be issued at the rally point.

You are released from the briefing, and ordered to move out in 10 minutes.

What will you do, Sergeant?


Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: Big Dog on April 24, 2013, 03:59:17 PM
Applying that quote to this situation...is one of the stupidest things I've ever seen posted here.


Cite all the flowery poetry from one of the FF's you like.  How is that going to be any comfort if you're dead because YOU think that YOU know the 4th Amendment better than law enforcement officer?  I'm sure your family and friends will be comforted by the words of Sam Adams.

So when, exactly, did the founding principles of our country stop applying?
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: Eupher on April 24, 2013, 04:07:29 PM
TRG, the hostility and badmouthing to Big Dog is really uncalled for. Now, Big Dog's a Big Dog and he can take care of himself just fine, but your personal attacks are beneath you. I don't know of anybody who's hysterically ranting about any of this but you. Well, okay, maybe Reb.  :lmao:

That said, we've all been speculating. We all are tossing out our own interpretations of court cases, the 4th Amendment, and we're drawing our own conclusions about lots of things. With the exception of DAT, I don't know of any lawyers on this board, so all of these interpretations really should be taken with a grain of salt.

LEOs might be closer to the law than any of us are, but the fact is, they are not in a position to interpret the law. That's a job for the courts. The LEO, as you know, merely enforces that law.

From my POV, I am NOT willing to give law enforcement a free pass. Somebody at the highest levels in Boston -- and I'm wagering that it's either Deval Patrick or the mayor -- gave the cops the green light to roust out the areas that were rousted. And yes, before you ask, I read the thread last Friday. And I've followed up to the extent that I my schedule allows.

So for one, I'm content to let the ambulance chasers -- if they're hungry enough -- have at it. Let's see where, when and how the lawyers start lining up to talk with those people who were rousted then, when all that's done, let's see how the courts handle this -- or don't.

We're not going to change each other's minds, and that's fine. Spirited discussion is also fine, but I'd hope we can step away from the ad hominem attacks. They really do detract from the debate.

Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: CG6468 on April 24, 2013, 04:19:09 PM
I was going to suggest moving it to the fight forum.

TRG, the hostility and badmouthing to Big Dog is really uncalled for. Now, Big Dog's a Big Dog and he can take care of himself just fine, but your personal attacks are beneath you. I don't know of anybody who's hysterically ranting about any of this but you. Well, okay, maybe Reb.  :lmao:

That said, we've all been speculating. We all are tossing out our own interpretations of court cases, the 4th Amendment, and we're drawing our own conclusions about lots of things. With the exception of DAT, I don't know of any lawyers on this board, so all of these interpretations really should be taken with a grain of salt.

LEOs might be closer to the law than any of us are, but the fact is, they are not in a position to interpret the law. That's a job for the courts. The LEO, as you know, merely enforces that law.

From my POV, I am NOT willing to give law enforcement a free pass. Somebody at the highest levels in Boston -- and I'm wagering that it's either Deval Patrick or the mayor -- gave the cops the green light to roust out the areas that were rousted. And yes, before you ask, I read the thread last Friday. And I've followed up to the extent that I my schedule allows.

So for one, I'm content to let the ambulance chasers -- if they're hungry enough -- have at it. Let's see where, when and how the lawyers start lining up to talk with those people who were rousted then, when all that's done, let's see how the courts handle this -- or don't.

We're not going to change each other's minds, and that's fine. Spirited discussion is also fine, but I'd hope we can step away from the ad hominem attacks. They really do detract from the debate.
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: formerlurker on April 24, 2013, 04:25:01 PM
And smelling pot is analogous to a fleeing critter exactly how?

That they upheld it for something this minor...
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: formerlurker on April 24, 2013, 04:28:47 PM
You keep bringing that up as justification to shut down the entire city.

How many of those IEDs were recovered on the road in East Boston, South Boston, Chelsea, Revere, or Quincy? All of those neighborhoods were locked down "voluntarily" sheltered in place, and public transportation in those unaffected areas was shut down too.

How about the small businessmen who counted on public transit for his employees to come to work in an unaffected part of the metropolitan area? Their closing was hardly "voluntary".

Bombs on the road is a justification to put a shelter in place.   

When you encounter this situation locally, you can comment on your comfort level of your kids going to school in that environment.
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: formerlurker on April 24, 2013, 04:58:24 PM
Actually, you just made my point for me.

"We have been told to stay home" is not the same as "voluntary shelter in place".

Oops.

I watched the Governor - too many times for my liking, at every news conference asking people in the affected areas to stay home as there is a shelter in place.   Oops, I live here.

The MBTA is state controlled, it's not a right of citizens.   Cabs were working, and you know - you could drive.   People actually own cars here.   

Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: formerlurker on April 24, 2013, 05:01:23 PM
Aside from the hysterical rantings of Alex Jones, I am missing the outcry from the people who live in the perimeter affected.   

Perhaps I missed it.  Anyone have a link?

Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: catsmtrods on April 24, 2013, 05:16:51 PM
I see going this way at my house.

Knock, knock Mr Cats we want to search you house.

There aint no ****in terrorist in this house, if there was he would be in a bloody heap and I would call you. Now go away and leave me alone I don't need your protection.

And this is when they go ape shit on me and pull me out at gun point and trash my house.

Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: formerlurker on April 24, 2013, 05:31:12 PM
I see going this way at my house.

Knock, knock Mr Cats we want to search you house.

There aint no ****in terrorist in this house, if there was he would be in a bloody heap and I would call you. Now go away and leave me alone I don't need your protection.

And this is when they go ape shit on me and pull me out at gun point and trash my house.



I don't think so - or at least, I don't see anyone saying that happened.  I am going to go look at the local media articles, although I think some would have already come out by now.
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: Eupher on April 24, 2013, 05:33:03 PM
Aside from the hysterical rantings of Alex Jones, I am missing the outcry from the people who live in the perimeter affected.   

Perhaps I missed it.  Anyone have a link?



Sheeple are everywhere, especially in the People's Republik of Massholistan.   :-)
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: Firekrakka on April 24, 2013, 05:38:16 PM
Sheeple are everywhere, especially in the People's Republik of Massholistan.   :-)

Ewe are funny!

(http://blog2.tshirt-doctor.com/images22/sheeple1.jpg)
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: Big Dog on April 24, 2013, 07:33:50 PM
Aside from the hysterical rantings of Alex Jones, I am missing the outcry from the people who live in the perimeter affected.   

Perhaps I missed it.  Anyone have a link?

Sheep may bleat when they are being shorn, but they quiet down when the sheepherder releases their legs.

Baa.
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: Firekrakka on April 24, 2013, 07:53:58 PM
Cabs were working, and you know - you could drive.   People actually own cars here.   

Yeah with Coexist stickers.  :lmao:

Where were the cabs then?

(http://shtfplan.com/wp-content/uploads/2013/04/Boston-martial-law11.jpg)

(http://shtfplan.com/wp-content/uploads/2013/04/Boston-martial-law-deserted2.jpg)

(https://encrypted-tbn2.gstatic.com/images?q=tbn:ANd9GcTetsYJLD1o5iipqcMsdB-1PPfmavPgxSsp_HxFtLrPGDROwFME)

(http://i.imgur.com/L1CaQMt.jpg)

(http://i2.cdn.turner.com/si/dam/assets/130416124545-boylstonst-gagne-single-image-cut.jpg)

(http://media.indianasnewscenter.com/images/469*264/1SteveSilberman.jpg)
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: formerlurker on April 24, 2013, 08:01:00 PM
Airport bringing folks to where they need to be.
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: formerlurker on April 24, 2013, 08:03:33 PM
Again, people asked how can we help? They cooperated.

God help whatever ****ed up town you live in if this happens there. Lord what a bunch of jackass videos there will be to cringe at.
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: Lacarnut on April 24, 2013, 09:23:24 PM
Again, people asked how can we help? They cooperated.

God help whatever ****ed up town you live in if this happens there. Lord what a bunch of jackass videos there will be to cringe at.

Sorry to inform you that scene would not happen in the town I live in. You see, we are not anti-gun and in most cases would eliminate an intruder or terrorists. The meat wagon would be called instead of the FBI or police. However, it is the mindset in liberal communities like Boston that the citizens want the government/police to protect them. I just do not have that mindset and am not a fearful person. Shame that so many people place their trust in governmental authorities. 
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: txradioguy on April 25, 2013, 12:52:00 AM
So when, exactly, did the founding principles of our country stop applying?

Funny.  I don't remember saying the ever did.

What needs to stop is you misapplying them to a situation in order to fulfill your hysterical black helicopter mindset. 

Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: txradioguy on April 25, 2013, 12:59:52 AM
TRG, the hostility and badmouthing to Big Dog is really uncalled for. Now, Big Dog's a Big Dog and he can take care of himself just fine, but your personal attacks are beneath you. I don't know of anybody who's hysterically ranting about any of this but you. Well, okay, maybe Reb.  :lmao:

Sorry I don't have time for stupid.  Not gonna make apologies for calling a spade a spade.

They're wrong in their mis interpretation of the 4th Amendment in this situation and that's all there is to it.

If he doesn't like the fact I tell him he's stupid and fear mongering...tough.  He can jsut continue to call me a traitor to the Constitution and intone that I'm for giving up my liberties like he's been doing...which...I guess...doesn't count as a personal attack like you're tsk tsk'ing me for.

Quote
LEOs might be closer to the law than any of us are, but the fact is, they are not in a position to interpret the law. That's a job for the courts. The LEO, as you know, merely enforces that law.

And they enforced it as they understood they were allowed to do.  But some how saying that or defending that has made me a traitor to the Constitution to Reb and Big Dog.

Quote
From my POV, I am NOT willing to give law enforcement a free pass.


Never said I was willing to either.


Quote
Somebody at the highest levels in Boston -- and I'm wagering that it's either Deval Patrick or the mayor -- gave the cops the green light to roust out the areas that were rousted. And yes, before you ask, I read the thread last Friday. And I've followed up to the extent that I my schedule allows.

The announcements I heard on the scanner were coming from the State Police...so that would...one could assume mean they were coming from the Governor.

Quote
So for one, I'm content to let the ambulance chasers -- if they're hungry enough -- have at it. Let's see where, when and how the lawyers start lining up to talk with those people who were rousted then, when all that's done, let's see how the courts handle this -- or don't.

I doubt we'll see many lawsuits...but who knows.

Quote
We're not going to change each other's minds, and that's fine. Spirited discussion is also fine, but I'd hope we can step away from the ad hominem attacks. They really do detract from the debate.

You're right...saying I've betrayed my oath and betraying the Constitution really is kinda dumb things to say.


 :whatever:
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: txradioguy on April 25, 2013, 01:02:13 AM
Sheep may bleat when they are being shorn, but they quiet down when the sheepherder releases their legs.

Baa.
Who's the bigger sheep...the people in Boston or the ones who blindly follow blatant mis-readings of an amendment in a misguided interpretation of "Constitutional Liberty"?

Baaa is right.
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: txradioguy on April 25, 2013, 01:09:43 AM
Looks to me like you are willing to sacrifice principles for safety, txradioguy. May your chains rest lightly upon you.

*yawn*

GFYS.  And I mean that sincerely.



Quote
What will you do, Sergeant?


Nothing Alex...errr...Big Dog because 1) The Posse Comitatus Act would prevent that.  2) I would refuse an unlawful order and 3) If someone was still insisting I obey an unlawful order in violation of UCMJ and US Code I'd tell them to either arrest me or watch me as I walked away.

What?...I'm sorry...did that ruin your little "gotcha" moment...where you would beat your chest and show everyone how my response PROVES that you and Reb are the REAL conservatives?

Oh and it's Sgt. 1st Class.  Get that shit straight before you EVER try to use my rank against me got that asswipe?

Now go play your retarded Black Helicopter Alex Jones Info Wars bullshit with the other conspiracy freaks...I'm done with your stupidity.
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: txradioguy on April 25, 2013, 01:11:26 AM
I was going to suggest moving it to the fight forum.


Works for me.  Mind Numbing Stupidity is the best place for it...but we can go to FC with it as well.
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: txradioguy on April 25, 2013, 01:13:30 AM
Again, people asked how can we help? They cooperated.

God help whatever ****ed up town you live in if this happens there. Lord what a bunch of jackass videos there will be to cringe at.

I guess some here would add redwhit to the list of "sheeple" as well since he's just one of those faux Conservatives like you and me and actually complied with what the cops were telling him to do.
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: Lacarnut on April 25, 2013, 04:48:04 AM
I guess some here would add redwhit to the list of "sheeple" as well since he's just one of those faux Conservatives like you and me and actually complied with what the cops were telling him to do.

My home is my castle and if the police forced their way into my house without permission or a warrant,  I would be some pissed. Watching that video where guns were pointed at the people in there does not LOOK constitutional to me. There could be a lawsuit and I do not know whether their rights were violated or not. Plus, it would not be the first time the government acted in an unlawful manner.
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: txradioguy on April 25, 2013, 05:42:20 AM
My home is my castle and if the police forced their way into my house without permission or a warrant,

They didn't force themselves anywhere...as was doccumented by people that were having it happen to them...they were asked by the cops if they could come in and search or if they had any place that needed to be searched.

They weren't kicking doors in and dragging people out and zip cuffing them.   

Quote
I would be some pissed. Watching that video where guns were pointed at the people in there does not LOOK constitutional to me.



You know I heard this meme floated all day yesterday and I still haven't see one image of a cop city state or federal with their weapon leveled at someone with their finger on the trigger like Reb and Big Dog have led people to believe.


Quote
There could be a lawsuit and I do not know whether their rights were violated or not. Plus, it would not be the first time the government acted in an unlawful manner.

As was covered yesterday they were within the law under the clause for exigent circumstances.


People really need to stop and take a DEEP breath on this and look at it not through the emotional prisim that seems to be guiding their hysteria but from a logical common sense angle.

I'm seeing people that are normally levell headed logical thinkers go batshit crazy for something that within the law and backed by numerous court ruling...was perfectly wihtin the scop of the law enforcement people on the scene to do.

I mean JHC how many places and how many cases do I need to link to that shows that the hysterical screaming of FOURTH AMENDMENT VIOLATION!!!!!11111  :panic: is just silly?

People that would be mocking the same behavior out of DU and talking about how cool the cops gear is in the 2nd Amendment thread are sunndeuly donning tinfoil and looking for black helicopters.

And when challenged and shown the facts start telling people they're traitors to their oath they swore as a soldier...and disloyal to the Constitution.  That's DU level bush league crap.

I mean really...
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: JohnnyReb on April 25, 2013, 06:10:46 AM
Unlike DU......no one is banned yet.....good :-)
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: Conservative Libertarian on April 25, 2013, 06:20:29 AM
And in the end, it wasn't even necessary.  Dude goes out for a smoke, and notices his boat cover's ****ed up.  Calls the right people. 
Do you think anything will come of this?

The guy who reported it was in violation of the lock down and he did so to smoke EVIL tobacco on his own property. Therefore, he must be punished.[/sarcasm]
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: Big Dog on April 25, 2013, 06:38:59 AM
Sorry I don't have time for stupid.

Too bad you didn't have time to get educated.

You misused the phrase "black letter law". Go check the definition.

You cited cases which didn't apply. Circuit cases from the 4th, 9th, and 10th Circuits are not binding in Massachusetts, which is in the 1st Circuit. None of your citations involved a blanket suspension of the 4th Amendment over an area including  more than one person's home or property, where the state asserted a right to search all premises (which is the point you are attempting to make for exigent circumstances). Since your citations were from a different circuit, and were not identical or substantially similar in application of facts and law, they are not directly precedental.

If you come back with a US Supreme Court or 1st Circuit case in which the facts and law apply, your point will stand. If not, your motion for dismissal based on exigent circumstances is denied.

Quote
They're wrong in their mis interpretation of the 4th Amendment in this situation and that's all there is to it.

Given your misuse of the term "black letter law", and your basic ignorance of case law and legal precedent, you are not credible as an authority on interpretation of the 4th Amendment.

If a guy doesn't know the difference between a stick shift and an automatic transmission, and can't change his own oil, I am not going to listen to his advice on rebuilding a carburetor.
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: Big Dog on April 25, 2013, 06:58:35 AM
*yawn*

GFYS.  And I mean that sincerely.



Nothing Alex...errr...Big Dog because 1) The Posse Comitatus Act would prevent that.  2) I would refuse an unlawful order and 3) If someone was still insisting I obey an unlawful order in violation of UCMJ and US Code I'd tell them to either arrest me or watch me as I walked away.

What?...I'm sorry...did that ruin your little "gotcha" moment...where you would beat your chest and show everyone how my response PROVES that you and Reb are the REAL conservatives?

Oh and it's Sgt. 1st Class.  Get that shit straight before you EVER try to use my rank against me got that asswipe?

Now go play your retarded Black Helicopter Alex Jones Info Wars bullshit with the other conspiracy freaks...I'm done with your stupidity.

I know your rank. I also know it is abbreviated SFC, not "Sgt. 1st Class", and that colloquial address for all NCOs with rank E-5 and above, and below 1SG, is "Sergeant".

Have a good day, Sergeant. And I mean that sincerely.
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: Lacarnut on April 25, 2013, 07:22:15 AM


You know I heard this meme floated all day yesterday and I still haven't see one image of a cop city state or federal with their weapon leveled at someone with their finger on the trigger like Reb and Big Dog have led people to believe.


You have not looked at that video closely then. The cop on the right hand of the sidewalk has his rifle pointed at everyone that walks out the front door and as they pass him he lowers it. The swat team on the roof had their rifles pointed at them also. No, they did not have a weapon two inches from their face like the Gonzales kid but having a cop pointing their weapon at you from 30' would not please me anymore than having it stuck in my face. You need to look at the video again.
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: txradioguy on April 25, 2013, 07:59:06 AM
You have not looked at that video closely then. The cop on the right hand of the sidewalk has his rifle pointed at everyone that walks out the front door and as they pass him he lowers it. The swat team on the roof had their rifles pointed at them also. No, they did not have a weapon two inches from their face like the Gonzales kid but having a cop pointing their weapon at you from 30' would not please me anymore than having it stuck in my face. You need to look at the video again.

Looked at the video several times.  8shrugs* maybe it's because I'm in the military and that's how we do things too...didn't see anything that in any way involved the people with the weapons using them in a threatening or menacing manner against any fo the civilians. 

If they were really trying to be the jack booted thugs some people here claim they are...they woudlnt' have lowered the weapons as the people passed or they would have kept them up and ready to fire.
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: Rebel on April 25, 2013, 08:23:35 AM
*yawn*

GFYS.  And I mean that sincerely.



Nothing Alex...errr...Big Dog because 1) The Posse Comitatus Act would prevent that.  2) I would refuse an unlawful order and 3) If someone was still insisting I obey an unlawful order in violation of UCMJ and US Code I'd tell them to either arrest me or watch me as I walked away.

What?...I'm sorry...did that ruin your little "gotcha" moment...where you would beat your chest and show everyone how my response PROVES that you and Reb are the REAL conservatives?

Oh and it's Sgt. 1st Class.  Get that shit straight before you EVER try to use my rank against me got that asswipe?

Now go play your retarded Black Helicopter Alex Jones Info Wars bullshit with the other conspiracy freaks...I'm done with your stupidity.

You got sand in your vagina or something? I think it was a pretty good analogy. The analogy is one where you've essentially already given the guys on the ground the precedent to do exactly what Bigdog laid out.

Nice try pulling rank, TRG. Funny, I don't remember walking around calling all Sergeants First Class "Sergeant First Class So and So". He wasn't disparaging your rank; you just wanted a chance to throw that out there in an attempt to shut down the debate. 
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: txradioguy on April 25, 2013, 08:54:39 AM
I think it was a pretty good analogy.

Of course you do.   :whatever:


Quote
The analogy is one where you've essentially already given the guys on the ground the precedent to do exactly what Bigdog laid out.[


Umm no...to quote Big Dog from yesterday "apples and oranges".

Quote
Nice try pulling rank,


Didn't do that.  I leave stunts like that for people that run around claiming I'm disobeying my oath of enlistment.


Quote
Funny, I don't remember walking around calling all Sergeants First Class "Sergeant First Class So and So".

No you were probably too busy running them down behind their back because you thought youwere smarter than them and they didn't know what the hell they were doing.


Quote
He wasn't disparaging your rank;

According to you.  But then we know how much your opinion matters to anyone outside of yourself right now.


[quote[you just wanted a chance to throw that out there in an attempt to shut down the debate. 
[/quote]

Nope.  He was saying it in a disrespectful way...channeling Dennis Hopper from "Speed".  Otherwise there wouldn't have been the bolded lettering.
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: Big Dog on April 25, 2013, 09:03:41 AM
Looked at the video several times.  8shrugs* maybe it's because I'm in the military and that's how we do things too...didn't see anything that in any way involved the people with the weapons using them in a threatening or menacing manner against any fo the civilians. 

When you retire from the Army, don't choose a career in law enforcement- unless you move to Massachusetts (baa).

If you point your weapon at someone who is not a deadly threat, you may find yourself without a home, car, or bank account.

Lawsuit alleges NJ State Trooper pointed Weapon at Retired Colonel, Daughter (http://www.nj.com/politics/index.ssf/2013/01/lawsuit_alleges_nj_state_polic.html)
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: Big Dog on April 25, 2013, 09:07:15 AM
Umm no...to quote Big Dog from yesterday "apples and oranges".
 
He was saying it in a disrespectful way...channeling Dennis Hopper from "Speed".  Otherwise there wouldn't have been the bolded lettering.

I didn't say "apples and oranges", so you're not quoting me; and I never saw Speed, so I don't know what Dennis Hopper said or did.

Now you're just chasing your own tail.
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: formerlurker on April 25, 2013, 09:42:39 AM
 :yawn:

This is all batshit crazy now.

Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: Eupher on April 25, 2013, 09:52:08 AM
I didn't say "apples and oranges", so you're not quoting me; and I never saw Speed, so I don't know what Dennis Hopper said or did.

Now you're just chasing your own tail.

I was the one who said "apples and oranges", but I ain't gonna go back and quote myself.  :-)

I also didn't see the trooper pointing his rifle at anybody, Lacarnut. I'll take another look if I get a chance.
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: formerlurker on April 25, 2013, 09:55:46 AM
Quote
Rose told the Wire, the ACLU is working to “get facts on the ground of what really happened.”

http://www.theblaze.com/stories/2013/04/23/ready-how-watertown-door-to-door-search-for-bombing-suspects-did-not-violate-the-fourth-amendment/#

Speaking of batshit crazy ... it's rather pathetic when members here rush to total know-it-all judgment with little to no facts, when the ACLU won't even go there. 

Yeah, we would like to hear from those whose houses were actually searched, cause the only complaints we are getting are from those whose houses weren't search.   Priceless.

Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: Eupher on April 25, 2013, 10:01:54 AM
http://www.theblaze.com/stories/2013/04/23/ready-how-watertown-door-to-door-search-for-bombing-suspects-did-not-violate-the-fourth-amendment/#

Speaking of batshit crazy ... it's rather pathetic when members here rush to total know-it-all judgment with little to no facts, when the ACLU won't even go there. 

Yeah, we would like to hear from those whose houses were actually searched, cause the only complaints we are getting are from those whose houses weren't search.   Priceless.


 :lmao:

I love it when you get pissed. Your sarcasm is truly original.

The lawyers, like the good, observant buzzards they are, are still circling, looking for easy pickings.  :-)
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: Big Dog on April 25, 2013, 10:02:07 AM
http://www.theblaze.com/stories/2013/04/23/ready-how-watertown-door-to-door-search-for-bombing-suspects-did-not-violate-the-fourth-amendment/#

Speaking of batshit crazy ... it's rather pathetic when members here rush to total know-it-all judgment with little to no facts, when the ACLU won't even go there. 

Yeah, we would like to hear from those whose houses were actually searched, cause the only complaints we are getting are from those whose houses weren't search.   Priceless.

Baa.
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: formerlurker on April 25, 2013, 10:06:32 AM
Quote
“The lockdown is really voluntary, to be honest with you,” says Scott Silliman, emeritus director of the Center on Law, Ethics and National Security at Duke Law School. “The governor said he wants to use sheltering in place. Sheltering in place is a practice normally used if you’re dealing with a pandemic, where you’re telling people, ‘You may have been exposed and we want you to stay exactly where you are so we can isolate everything and we’ll come to you.’”

The “shelter in place” request is legally different from a state of emergency, which Patrick declared earlier this year as winter storm Nemo descended on the Bay State. Patrick imposed a travel ban, threatening a penalty of up to a year in prison and a large fine if people were found on the roads. Massachusetts suffered very few fatalities during the storm.

When it came to keeping the public off the streets on Friday, an order, it seems, wasn’t needed. “When the governor suggested in light of last night’s events that we have an armed subject on the loose who is very dangerous, who has committed murder, I believe the citizens of the commonwealth, in the hopes of helping law enforcement, voluntarily stayed off the streets,” Massachusetts State Trooper Todd Nolan told TIME. “This is a request that the public stay inside and they are adhering to it. There has been no law mentioned or any idea that if you went outside you’d be arrested.”

Legal experts agree that the request has been effective. “If there’s a person running around with explosives in a major population center, it wouldn’t be that surprising that the response of authorities would be to ask people to not be outside,” says David Barron, a professor of public law at Harvard Law School. The heightened risk to the public, given the violence that Dzhokhar Tsarnaev is already alleged to have inflicted, made officials feel the shelter in place request was necessary, but such measures might not be the standard response to every future terrorism manhunt. “If the idea is somehow that the model for how to respond–when there’s any kind of suspect on the loose related to terrorism, they’ll be telling a place to be completely shut down–that seems not at all likely,” Barron says.

Even if Patrick had felt an order was necessary, or if the situation continues, the Massachusetts state constitution empowers Patrick to take steps to ensure the public’s safety. “A state’s chief executive has ample inherent power to prevent carnage,” Harvard Law School professor and constitutional expert Laurence Tribe told TIME in an email. All steps that Patrick has taken so far, Tribe explained, appear to fully comply with the Fourth and Fourteenth Amendments.

Read more: http://nation.time.com/2013/04/19/was-boston-actually-on-lockdown/#ixzz2RUKd2YaA


Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: Eupher on April 25, 2013, 10:14:47 AM
Thank you, lurker, for posting that.

Looks to me like Deval Patrick really enjoys throwing his weight around. Nemo, and now this.

But as long as there was a request, rather than an order, I'm okay with it.

I sure as hell am glad I don't live in the People's Republik of Massholistan. I did, once, in the mid-Seventies, but I escaped and lived to tell about it.  :-)
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: formerlurker on April 25, 2013, 10:30:57 AM
:lmao:

I love it when you get pissed. Your sarcasm is truly original.

The lawyers, like the good, observant buzzards they are, are still circling, looking for easy pickings.  :-)

I can't see to locate any outrage from those affected.   Surely one person - even the folks in the video would come forward.  Nope.  

Reminds me of the folks who live near a reserve base in Western MA that was used as a hub for returning planes from the first desert storm.   The planes were coming in 24 hours a day, and those folks were pissed their "rights" were being violated.   They believed they had a right to noise free sleep.    They filed complaints while pounding their chest over those rights.

The local newspaper published their names.   The complaints stopped immediately.    

Planes carrying military personnel who performed their duty to our country and just wanted to get home.   The folks of Watertown, Boston, Cambridge etc.  just wanted to cooperate and get this asshole caught and you have the absolute nerve and audacity to snicker at them as fools.

Must suck to live in a world when the only one that matters is the person in the mirror.    Those who serve make tremendous sacrifices for others - so incredibly selfless and giving.    A concept that seems to have eluded you.

 

Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: formerlurker on April 25, 2013, 10:33:19 AM
I sure as hell am glad I don't live in the People's Republik of Massholistan.

Really couldn't agree with you more here.

Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: Big Dog on April 25, 2013, 10:39:27 AM
Must suck to live in a world when the only one that matters is the person in the mirror.    Those who serve make tremendous sacrifices for others - so incredibly selfless and giving.    A concept that seems to have eluded you.

Must suck to live in a world where your idea of "liberty" and "defiance of terrorism" means "hide under your bed and hope the government protects you".

Since your lockdown shelter in place was completely voluntary, you can't even blame your Dem governor for ordering you inside. You chose to hide.

Baa.
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: Firekrakka on April 25, 2013, 11:07:15 AM
Must suck to live in a world where your idea of "liberty" and "defiance of terrorism" means "hide under your bed and hope the government protects you".

Since your lockdown shelter in place was completely voluntary, you can't even blame your Dem governor for ordering you inside. You chose to hide.

Baa.

Baa indeed!!

Boston: Death Sentence for Looking Out Window?

Quote
Police were continually screaming “don’t look out the window!” during their sweep in Watertown last week. This photo shows what happens to folks who disobeyed that order.

(http://jimbovard.com/blog/wp-content/uploads/2013/04/watertown-gun-aimed-at-photogrphaer-923495_10200611106256641_1972215990_n-800x706.jpg)

More (http://antiwar.com/blog/2013/04/22/boston-death-sentence-for-looking-out-window/)

Comment from a Bostonian:

Quote
Alec · 2 days ago
I live in the greater Boston area and there are a lot of people around here who love the government (as long as a democrat is in power) and everything it does, and they do not see any issue with this sort of thing. They think as long as Obama or some other lefty does it and says it's for our own good then it's justified.

The fawning over the military and police at the beginning of Saturday's Red Sox game was disgusting and made me feel very uneasy.

I hope the tide is turning with more people distrusting the government but I don't think I see it myself around here at least.

It's a good thing I don't live in Boston. I'd be dead by now. I would not have let them in my door without a warrant.  
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: Firekrakka on April 25, 2013, 11:21:05 AM
Scared Sheeple...

[youtube=425,350]http://www.youtube.com/watch?v=5MIIjIkdtyQ[/youtube]

[youtube=425,350]http://www.youtube.com/watch?v=1kqjWj67UVg&list=PL13sHMsHiqAj6u_yQ_R4FZjqqiK7pevxV[/youtube]
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: Big Dog on April 25, 2013, 11:37:32 AM
Quote
(http://jimbovard.com/blog/wp-content/uploads/2013/04/watertown-gun-aimed-at-photogrphaer-923495_10200611106256641_1972215990_n-800x706.jpg)

A police officer, riding in a military vehicle, pointing a rifle directly at an unarmed civilian inside a home.

Welcome to Massachusetts, cradle of American liberty.
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: Eupher on April 25, 2013, 11:51:37 AM
I can't see to locate any outrage from those affected.   Surely one person - even the folks in the video would come forward.  Nope.  

Reminds me of the folks who live near a reserve base in Western MA that was used as a hub for returning planes from the first desert storm.   The planes were coming in 24 hours a day, and those folks were pissed their "rights" were being violated.   They believed they had a right to noise free sleep.    They filed complaints while pounding their chest over those rights.

The local newspaper published their names.   The complaints stopped immediately.    

Planes carrying military personnel who performed their duty to our country and just wanted to get home.   The folks of Watertown, Boston, Cambridge etc.  just wanted to cooperate and get this asshole caught and you have the absolute nerve and audacity to snicker at them as fools.

Must suck to live in a world when the only one that matters is the person in the mirror.    Those who serve make tremendous sacrifices for others - so incredibly selfless and giving.    A concept that seems to have eluded you.


 :rotf:

Does your anger and bitterness keep you up late at night? Maybe a simple prayer for world peace will help you with that.  :-)
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: Rebel on April 25, 2013, 12:14:04 PM
No you were probably too busy running them down behind their back because you thought youwere smarter than them and they didn't know what the hell they were doing.

Excuse me? **** you, TRG. I made NCO in 1998.
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: wasp69 on April 25, 2013, 12:38:13 PM
Must suck to live in a world when the only one that matters is the person in the mirror.    Those who serve make tremendous sacrifices for others - so incredibly selfless and giving.    A concept that seems to have eluded you.

Eupher is retired Army, are you sure you want to start flinging this across the room?
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: Rebel on April 25, 2013, 12:42:09 PM
http://cnsnews.com/blog/bob-parks/has-watertown-made-warrantless-searches-new-normal
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: Rebel on April 25, 2013, 12:43:01 PM
Eupher is retired Army, are you sure you want to start flinging this across the room?

Well, FL's husband was a servicemember, so that, like, makes her an expert, or something.
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: Big Dog on April 25, 2013, 12:47:19 PM
formerlurker,

If the state has a contest for a new tourism campaign, you can use this:

WELCOME TO MASSACHUSETTS
(http://jimbovard.com/blog/wp-content/uploads/2013/04/watertown-gun-aimed-at-photogrphaer-923495_10200611106256641_1972215990_n-800x706.jpg)
LIVE FREE, AND DIE.
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: Firekrakka on April 25, 2013, 12:51:03 PM
FL keeps saying no one in Boston was bothered by this. This is from the MA State Police page on FB. :panic:

Quote
Western Degradation
THANK YOU GESTAPO! For forcing us to stay inside our houses while coming in them with no probable cause or search warrant while having the city loose 300 million is lost revenue but it's all worth it. Our safety is worth all the freedoms and that evil constitution any day.
Like ·  Â· on Sunday
4 people like this.

Western Degradation Isn't it ironic that when you released the curfew the citizens found the guy and not you? Those of us who are awake know you used a litmus test on the people to see how they would react to martial law.
April 21 at 4:22pm · Edited · Like · 5

Ez Freehill ^haha - true.
April 21 at 2:03pm · Edited · Like · 1

Quote
Aaron Gravitytoy
The 4th was obviously nowhere to be found, but while pointing guns at innocent citizens for 2 days, did any of you ponder the definition of "terror"?
on Sunday

Quote
Britt R. Coleman
You should change the name of this profile to "Massachusetts Police State".
on Sunday
Lindsey Coleman likes this.

Quote
Justin Clendenin
Way to go 10000 people took down one 19 year old. Fantastic job. 4th amendment ?
on Sunday
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: J P Sousa on April 25, 2013, 12:57:21 PM
Quote
  A police officer, riding in a military vehicle, pointing a rifle directly at an unarmed civilian inside a home.

Welcome to Massachusetts, cradle of American liberty. 

Or State of overreaction..........what rights again ?  :shrug:
.
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: Big Dog on April 25, 2013, 01:01:29 PM
Or State of overreaction..........what rights again ?  :shrug:

Rights iz for bijjez....
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: Big Dog on April 26, 2013, 04:33:22 AM
Meanwhile, in "the land of the free, and the home of the brave":

[youtube=425,350]http://www.youtube.com/watch?v=2LrbsUVSVl8[/youtube]

[youtube=425,350]http://www.youtube.com/watch?v=B_Gb6i5DF9k[/youtube]
Watch from 1:00 to 2:00 for descriptions of forced entries, involuntary searches, weapons in citizens' faces and pointed at a toddler, and citizens forced from their own homes.

Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: Eupher on April 26, 2013, 06:11:34 PM
formerlurker,

If the state has a contest for a new tourism campaign, you can use this:

WELCOME TO MASSACHUSETTS
(http://jimbovard.com/blog/wp-content/uploads/2013/04/watertown-gun-aimed-at-photogrphaer-923495_10200611106256641_1972215990_n-800x706.jpg)
LIVE FREE, AND DIE.


You know, Lurker, when I was active duty, wearing the uniform, and stationed in West Berlin -- spent almost 9 years in the city, btw, 110 miles behind the Iron Curtain -- I saw things like this at the Berlin Wall. East German state police looking at me from across that Wall.

The only difference was, the East German wasn't pointing a weapon. He was pointing a pair of binoculars or a camera.

Sobering though, eh? Here, in our own country, in YOUR COMMONWEALTH that you call home, we've got police who are acting in a more threatening, tyrannical way than any ****ing COMMUNIST I ever saw, face-to-face.

Do you feel safer now? Knowing that your ****tard governor can order that kind of tyranny and yet you support it?

Might want to re-evaluate your own political leanings....
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: rich_t on April 27, 2013, 05:47:52 PM
Interesting thread over all.  Some minor insults tossed around, but to be expected on an issue such as this.

Personally, I think the cops violated the hell out of the 4th Amendment, court precedents or not.

Ya see...  The Constitution was written in simple every day language of the day.  It took lawyers with an agenda to try to complicate the hell out of it.

I don't need a lawyer or a court to define for myself what the Constitution says.  I can read.  Additionally, I can draw on the Federalist and Anti-Federalist papers to help me discern what the original intent of the Founding Fathers was.

IMO, this was a clear and demonstrable violation of the intent of the 4th Amendment.  I bet our Founding Fathers are turning over in their graves over the pure and simple abuses of basic rights that we have allowed our "government" to impose on sovereign citizens that have committed no wrong.
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: CG6468 on April 27, 2013, 06:15:28 PM
Good post, Rich, and I agree.
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: Eupher on April 27, 2013, 06:59:26 PM
Interesting thread over all.  Some minor insults tossed around, but to be expected on an issue such as this.

Personally, I think the cops violated the hell out of the 4th Amendment, court precedents or not.

Ya see...  The Constitution was written in simple every day language of the day.  It took lawyers with an agenda to try to complicate the hell out of it.

I don't need a lawyer or a court to define for myself what the Constitution says.  I can read.  Additionally, I can draw on the Federalist and Anti-Federalist papers to help me discern what the original intent of the Founding Fathers was.

IMO, this was a clear and demonstrable violation of the intent of the 4th Amendment.  I bet our Founding Fathers are turning over in their graves over the pure and simple abuses of basic rights that we have allowed our "government" to impose on sovereign citizens that have committed no wrong.


Of course you can read, Rich, that part isn't in question. But it is the determined and lawful jurisprudence of the judicial branch of our government to actually interpret the Constitution.

This is why I said earlier in this thread that it will be very interesting to see what kind of lawsuits that might come out of this very real threat to the 4th Amendment. Some lawyer or lawyers are going to question what was done and put it in front of a court for that court's interpretation of how that action did or did not violate the 4th Amendment or any other law on the books.
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: seahorse513 on April 27, 2013, 07:17:47 PM
Excellent thread.

This is why I live in the state of Live Free or DIE!!
Unfortunately, too many mass escapees are coming up here trying to make NH like Mass!!
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: Revolution on April 27, 2013, 08:21:29 PM
Extreme violation of the 4th. All while the Obeezy Admin gives this turd burger his Miranda rights, free healthcare, etc, etc on our dime.

HE'S an enemy combatant, but our citizens aren't!!

Oh, and the spat with FL may have caused her to flee or something. Haven't seen her post in a couple days...

With such a heated issue though, there are bound to be very heavy disagreements.
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: Eupher on April 27, 2013, 08:45:43 PM
Extreme violation of the 4th. All while the Obeezy Admin gives this turd burger his Miranda rights, free healthcare, etc, etc on our dime.

HE'S an enemy combatant, but our citizens aren't!!

Oh, and the spat with FL may have caused her to flee or something. Haven't seen her post in a couple days...

With such a heated issue though, there are bound to be very heavy disagreements.

 :hyper:

FL doesn't flee from anything, Rev. I'm sure she's busy IRL.
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: Revolution on April 27, 2013, 11:24:31 PM
No, I didn't think she'd be gone indefinitely or anything. Maybe busy, or letting things cool down. Not sure. Spats here are different than on The Island, or anywhere else on the netz that I've seen. Cooler heads prevail here.
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: Firekrakka on April 27, 2013, 11:46:02 PM
Speaking of freedoms

(https://sphotos-b.xx.fbcdn.net/hphotos-frc1/386840_532665066770158_1193067009_n.jpg)
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: Ptarmigan on April 28, 2013, 02:52:08 PM
Must suck to live in a world where your idea of "liberty" and "defiance of terrorism" means "hide under your bed and hope the government protects you".

Since your lockdown shelter in place was completely voluntary, you can't even blame your Dem governor for ordering you inside. You chose to hide.

Baa.

Time to get the sheep dog.
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: Ptarmigan on April 28, 2013, 02:52:26 PM
Extreme violation of the 4th. All while the Obeezy Admin gives this turd burger his Miranda rights, free healthcare, etc, etc on our dime.

HE'S an enemy combatant, but our citizens aren't!!

Oh, and the spat with FL may have caused her to flee or something. Haven't seen her post in a couple days...

With such a heated issue though, there are bound to be very heavy disagreements.

That is so messed up. Like I said, had there been no lock down, Dzhokhar Tsarnaev would of been caught sooner.
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: rich_t on April 28, 2013, 04:45:06 PM
Of course you can read, Rich, that part isn't in question. But it is the determined and lawful jurisprudence of the judicial branch of our government to actually interpret the Constitution.

This is why I said earlier in this thread that it will be very interesting to see what kind of lawsuits that might come out of this very real threat to the 4th Amendment. Some lawyer or lawyers are going to question what was done and put it in front of a court for that court's interpretation of how that action did or did not violate the 4th Amendment or any other law on the books.

I contend that many of the problems concerning civil liberties and the governments usurpation of power not granted to it, is a direct result of liberal judges and yes even Supreme Court justices trying to "interpret" the Constitution instead of just reading it with an eye towards original intent.  IMO their job isn't to interpret the document.  They should be interpreting the law as written to see if the legislation conflicts with the very simple wording and meaning of the Constitution.

As I have already stated, the Constitution was written in the simple language of the day.  I am of the belief that our founders wrote it that way on purpose.  I believe they wanted it to be easily understood by the common laymen.

I find it very disconcerting that some SCOTUS justices have gone so far as to reference other country's laws when ruling on the Constitutionality of our own legislation.

I am sure that some may disagree and that is fine.  But these are my beliefs and I don't see them changing anytime soon.
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: seahorse513 on April 28, 2013, 05:01:32 PM
In my opinion , doing what they did, locking down, asking people to stay in their home, and searches were totallly over the rim, for the whole of Boston. I mean, this guy's photo was all over the internet, somebody would have turned him in. He would have gotten hungry, his cell phone would have run out of charge. I refuse to live in a shoebox, because some little shit!! If I have to get a firearm, I will!!
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: rich_t on April 28, 2013, 05:49:11 PM
In my opinion , doing what they did, locking down, asking people to stay in their home, and searches were totallly over the rim, for the whole of Boston. I mean, this guy's photo was all over the internet, somebody would have turned him in. He would have gotten hungry, his cell phone would have run out of charge. I refuse to live in a shoebox, because some little shit!! If I have to get a firearm, I will!!

Amen Sister.  That is the sort of attitude that helped make this country so great.
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: J P Sousa on April 28, 2013, 06:24:08 PM
I contend that many of the problems concerning civil liberties and the governments usurpation of power not granted to it, is a direct result of liberal judges and yes even Supreme Court justices trying to "interpret" the Constitution instead of just reading it with an eye towards original intent.  IMO their job isn't to interpret the document.  They should be interpreting the law as written to see if the legislation conflicts with the very simple wording and meaning of the Constitution.

As I have already stated, the Constitution was written in the simple language of the day.  I am of the belief that our founders wrote it that way on purpose.  I believe they wanted it to be easily understood by the common laymen.

I find it very disconcerting that some SCOTUS justices have gone so far as to reference other country's laws when ruling on the Constitutionality of our own legislation.

I am sure that some may disagree and that is fine.  But these are my beliefs and I don't see them changing anytime soon.

I see NOTHING to disagree with sir.  :usflag:
.
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: Eupher on April 28, 2013, 07:00:17 PM
I contend that many of the problems concerning civil liberties and the governments usurpation of power not granted to it, is a direct result of liberal judges and yes even Supreme Court justices trying to "interpret" the Constitution instead of just reading it with an eye towards original intent.  IMO their job isn't to interpret the document.  They should be interpreting the law as written to see if the legislation conflicts with the very simple wording and meaning of the Constitution.

As I have already stated, the Constitution was written in the simple language of the day.  I am of the belief that our founders wrote it that way on purpose.  I believe they wanted it to be easily understood by the common laymen.

I find it very disconcerting that some SCOTUS justices have gone so far as to reference other country's laws when ruling on the Constitutionality of our own legislation.

I am sure that some may disagree and that is fine.  But these are my beliefs and I don't see them changing anytime soon.

Well said, sir. Especially the part about SCOTUS hanging their hats on other laws outside the jurisdiction of the U.S.

H5.
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: CG6468 on April 28, 2013, 08:48:00 PM
I see NOTHING to disagree with sir.  :usflag:

Nor do I.
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: Lacarnut on April 28, 2013, 10:20:06 PM
I seriously doubt that this door to door search would have happened in a rich neighborhoods or God forbid in a Muslim community. No frigging way. I still think Obummer and Homeland security was just itching to see if they could pull off a military operation like this in city full of liberal softies. They got their answer that is okay to stomp on citizens rights. The dumb shits even clapped for the cops. The use of brute military style force by the police was something I would expect to see in a commie country but not here. Even if they had permission from each homeowner, the sorry bastards did not have the right to point rifles at civilians that had no weapons and posed no threat. Anyone that says that they did not drawn down on civilians is either FOS or needs glasses. I hope those that got the shit scared out of them file lawsuits.  
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: Firekrakka on April 29, 2013, 07:47:03 AM
The dumb shits even clapped for the cops.

I saw that and was incredulous!  :wtf2:
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: Ptarmigan on April 29, 2013, 02:30:29 PM
I seriously doubt that this door to door search would have happened in a rich neighborhoods or God forbid in a Muslim community. No frigging way. I still think Obummer and Homeland security was just itching to see if they could pull off a military operation like this in city full of liberal softies. They got their answer that is okay to stomp on citizens rights. The dumb shits even clapped for the cops. The use of brute military style force by the police was something I would expect to see in a commie country but not here. Even if they had permission from each homeowner, the sorry bastards did not have the right to point rifles at civilians that had no weapons and posed no threat. Anyone that says that they did not drawn down on civilians is either FOS or needs glasses. I hope those that got the shit scared out of them file lawsuits.  

That was really out of line. Than again leftists want the government to do everything for them.
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: Conservative Libertarian on April 29, 2013, 03:38:31 PM
That was really out of line. Than again leftists want the government to do everything for them.

Well...Liberals do smell bad because the government didn't wipe their butts for them.
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: Lacarnut on April 29, 2013, 08:46:20 PM
That was really out of line. Than again leftists want the government to do everything for them.

What the gestapo police did was out of line IMO.
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: Big Dog on June 05, 2013, 10:54:17 AM
:hyper:

FL doesn't flee from anything, Rev. I'm sure she's busy IRL.


She never came back.
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: Eupher on June 05, 2013, 12:00:11 PM
She never came back.

You mean she hasn't come back yet.

Trust me, she'll be back.
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: txradioguy on June 05, 2013, 01:12:20 PM
Holy Necroposting Batman!  :whatever:
Title: Re: COMPLETELY UNCONSTITITIONAL!
Post by: Big Dog on June 05, 2013, 02:05:46 PM
Holy Necroposting Batman!  :whatever:

It wasn't dead. It was pinin' for the fjords.