You are viewing an obsolete version of the DU website which is no longer supported by the Administrators. Visit The New DU.
Democratic Underground Latest Greatest Lobby Journals Search Options Help Login
Google

Reply #32: Not to get into this particular issue, but how do you get to [View All]

Printer-friendly format Printer-friendly format
Printer-friendly format Email this thread to a friend
Printer-friendly format Bookmark this thread
This topic is archived.
Home » Discuss » Latest Breaking News Donate to DU
24601 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jun-18-09 07:25 PM
Response to Reply #16
32. Not to get into this particular issue, but how do you get to
a "felony" based only on a Constitutional right? If a government violates a right, there may be a civil course of action to stop it in the courts; however, that does not translate into a violation of criminal law unless there is a corresponding statute. Example, you are busted for running a yellow light and the cop, because he's an asshole, takes you in instead of issuing a ticket. The judge lets you go and you sue the city for violating your rights - but that is a civil, not a criminal case. Change the circumstances and let's say the cop took you in, not because he's an asshole but because of your race. Now the DOJ may take up a the case in criminal court as a "felony" violation of a civil rights law with criminal penalties. But that is because the law was passed by Congress, not because it's in the Constitution.

But on searches - don't tie reasonable to always needing a warrant because it isn't so. Just try to cross the border and tell customs they can't search without a warrant - they'll laugh you all the way to jail. Searches are also permitted without warrants in various non-border situation such as incident to arrest.

Let's say the Mexicans invade New Mexico and the Army fights them off and takes prisoners of war - the search also is without a warrant - and constitutional - because it's reasonable.

The part about a warrant means precisely that - that a warrant requires probable cause - it doesn't mean that a warrant is needed to make a search reasonable.

This issue has been a "lawyer full employment plan" for years and years.

Printer Friendly | Permalink |  | Top
 

Home » Discuss » Latest Breaking News Donate to DU

Powered by DCForum+ Version 1.1 Copyright 1997-2002 DCScripts.com
Software has been extensively modified by the DU administrators


Important Notices: By participating on this discussion board, visitors agree to abide by the rules outlined on our Rules page. Messages posted on the Democratic Underground Discussion Forums are the opinions of the individuals who post them, and do not necessarily represent the opinions of Democratic Underground, LLC.

Home  |  Discussion Forums  |  Journals |  Store  |  Donate

About DU  |  Contact Us  |  Privacy Policy

Got a message for Democratic Underground? Click here to send us a message.

© 2001 - 2011 Democratic Underground, LLC