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

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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.

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