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The Fourth Amendment?

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#16    Sir Wearer of Hats

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Posted 25 April 2013 - 10:20 PM

View PostBabe Ruth, on 25 April 2013 - 01:49 PM, said:

Yes, as long as the authorities are polite when ignoring the Bill Of Rights, everything is just fine!
But they weren't ignoring the BoR. They were upholding it. They asked if they could search inside, if someone said "no" they said "rightio".
Ignoring the BoR would be if someone said "no" and they then used a doorbuster and stormed in.

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#17    Michelle

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Posted 26 April 2013 - 02:33 AM

View Postsupervike, on 25 April 2013 - 01:59 AM, said:

Thank you, that is exactly what I was after.  Appreciate the reply.

You're welcome.


#18    preacherman76

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Posted 26 April 2013 - 11:22 AM

View PostMichelle, on 24 April 2013 - 03:01 PM, said:

Nothing. I know the family of a couple of people that live within a block of where the police say the guy was found in the boat. The people that live in the area were asked if they minded if the police or military could come in and look around. Some freely let them in and others did not. The ones that didn't were asked a few questions and then left alone.

I don't know what the circumstances were in that video where the FBI made everyone come out with their hands up, but it certainly wasn't the norm.

Were they asked if it would be ok to put guns in thier faces, and be physicaly searched hands on head like a common prisoner? I doubt it wasnt the norm.

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#19    Babe Ruth

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Posted 26 April 2013 - 01:01 PM

View PostWearer of Hats, on 25 April 2013 - 10:20 PM, said:

But they weren't ignoring the BoR. They were upholding it. They asked if they could search inside, if someone said "no" they said "rightio".
Ignoring the BoR would be if someone said "no" and they then used a doorbuster and stormed in.

I certainly hope you're right about that, but am dubious.


#20    Drayno

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Posted 26 April 2013 - 05:31 PM

The Fourth Amendment doesn't exist in 'emergency situations'.

If I lived in Boston I surely would have declined armed police from entering my home.

If they wanted to arrest me for it, well, then I'd probably just use my story to highlight the authoritarianism.

Edited by Kafkaesque, 26 April 2013 - 05:33 PM.

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#21    aztek

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Posted 26 April 2013 - 05:56 PM

View PostKafkaesque, on 26 April 2013 - 05:31 PM, said:

The Fourth Amendment doesn't exist in 'emergency situations'.


almost every situation involving police is emergency situation, so when does 4th amendment valid then?

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#22    Drayno

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Posted 26 April 2013 - 06:06 PM

View Postaztek, on 26 April 2013 - 05:56 PM, said:

almost every situation involving police is emergency situation, so when does 4th amendment valid then?

I meant national emergency.

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#23    aztek

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Posted 26 April 2013 - 06:08 PM

View PostKafkaesque, on 26 April 2013 - 06:06 PM, said:

I meant national emergency.
and who declares it??? i don't remember potus declaring national emergency,

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#24    Michelle

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Posted 26 April 2013 - 06:23 PM

View Postpreacherman76, on 26 April 2013 - 11:22 AM, said:

Were they asked if it would be ok to put guns in thier faces, and be physicaly searched hands on head like a common prisoner? I doubt it wasnt the norm.

I said I don't know the particular circumstances the FBI went in like they did in this one house. There were a lot of people in there and they could have heard or seen something that made them suspicious. Someone who lives at the address could have had a warrant out for them. We will probably never know. I do know for a fact they didn't do this at every house.

Edited by Michelle, 26 April 2013 - 06:45 PM.


#25    Drayno

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Posted 26 April 2013 - 06:36 PM

View Postaztek, on 26 April 2013 - 06:08 PM, said:

and who declares it??? i don't remember potus declaring national emergency,

No, but he declared exigent circumstances.

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#26    S2F

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Posted 26 April 2013 - 06:38 PM

And the neighborhood cheering for the authorities after the suspect was caught? That isn't the action of people who just had their doors kicked open and guns shoved in their faces.

Oh, wait. They were paid actors....riiiight. *wink,wink

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#27    aztek

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Posted 26 April 2013 - 06:38 PM

View PostKafkaesque, on 26 April 2013 - 06:36 PM, said:

No, but he declared exigent circumstances.

so exigent circumstances means ppl have no right anymore?

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#28    Drayno

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Posted 26 April 2013 - 06:40 PM

View Postaztek, on 26 April 2013 - 06:38 PM, said:

so exigent circumstances means ppl have no right anymore?

It just means law enforcement agencies don't need warrants to enter buildings or homes, apparently.

Here's a link to the legal definition..

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

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#29    S2F

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Posted 26 April 2013 - 06:44 PM

View PostKafkaesque, on 26 April 2013 - 06:40 PM, said:

It just means law enforcement agencies don't need warrants to enter buildings or homes, apparently.

Here's a link to the legal definition..

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

They still need probable cause. Of course it can be claimed that LEO's can arbitrarily make up a probable cause in order to circumvent constitutional rights but is there any evidence of this happening in Boston? Any at all?

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#30    Babe Ruth

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Posted 26 April 2013 - 08:04 PM

In accordance with the Unpatriot Act, the 4th Amendment is now optional, not mandatory.  Courts agree.  Anytime "terrorism" is invoked by the government, the 4th no longer applies.

Edited by Babe Ruth, 26 April 2013 - 08:05 PM.






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