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(Philly.com)   It turns out that the Fourth Amendment is only MOSTLY dead   (philly.com) divider line 102
    More: Hero, visual routine, supreme courts, search warrants, Missouri Supreme Court, lower courts, supreme court ruling  
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7974 clicks; posted to Politics » on 18 Apr 2013 at 11:49 AM (1 year ago)   |  Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



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2013-04-18 11:40:12 AM
8-1 ruling against Obama administration arguments asking for a blanket rule to allow em

Isnt Obama supposed to be some sort of constitutional scholar or something?
 
2013-04-18 11:48:27 AM

cman: 8-1 ruling against Obama administration arguments asking for a blanket rule to allow em

Isnt Obama supposed to be some sort of constitutional scholar or something?


I don't think you understand how the Justice Department works.
 
2013-04-18 11:51:57 AM
Hey dick, wanna' prick?
Better get a warrant - quick.
 
2013-04-18 11:52:32 AM

cman: 8-1 ruling against Obama administration arguments asking for a blanket rule to allow em

Isnt Obama supposed to be some sort of constitutional scholar or something?


Both sides are bad.  Republicans are worse.  So vote 3rd party.
 
2013-04-18 11:53:18 AM

cman: 8-1 ruling against Obama administration arguments asking for a blanket rule to allow em

Isnt Obama supposed to be some sort of constitutional scholar or something?


So Obama is supposed to have clairvoyance and see how the Supreme Court is going to rule on a case before making decisions on whether the DoJ should defend a law?
 
2013-04-18 11:54:23 AM
Obama's prohibition didn't work either.

/magical time machine, etc.
 
2013-04-18 11:55:23 AM
img199.imageshack.us

approves
 
2013-04-18 11:55:40 AM

Rincewind53: I don't think you understand how the Justice Department works.


I don't think cman's brain works.  He's either a dedicated performance artist of a troll or ate WAY too much wall candy as a child.  You're talking about the guy who still claims that Nazis are far left socialists.

Odd that Thomas was the only decent.  Did Scalia switch his vote just to mess with him?
 
2013-04-18 11:55:51 AM
1.bp.blogspot.com

I feel happyyyyyy
 
2013-04-18 11:56:08 AM

Serious Black: So Obama is supposed to have clairvoyance and see how the Supreme Court is going to rule on a case before making decisions on whether the DoJ should defend a law?


Exactly.  This is also why Benghazi is the scandal it is.
 
2013-04-18 11:56:30 AM
Clarence Thomas struck out on his own? Really?

He's so sleeping on the couch now. Scalia is slow to forgive.
 
2013-04-18 11:56:48 AM
The case stemmed from the arrest of Tyler McNeely in Missouri's rural Cape Girardeau County. A state trooper stopped McNeely's speeding, swerving car. The driver, who had two previous drunken-driving convictions, refused to submit to a breath test to measure the alcohol level in his body.

There are jurisdictions that don't require licensed drivers to submit to breatholyzers or establish that refusal is prima facie evidence of DUI? Seems like that's the law they need - he'd have been "guilty" of DUI at the moment he refused to breathe in the tube, or at least guilty enough that he could be taken to the drunk tank for the night.
 
2013-04-18 11:59:30 AM
The government has a compelling interest to prevent crime.  This interest supersedes an individual's constitutional rights, for the greater good.
 
2013-04-18 12:00:27 PM

cman: 8-1 ruling against Obama administration arguments asking for a blanket rule to allow em

Isnt Obama supposed to be some sort of constitutional scholar or something?


I'm supposed to be a lead software developer and I don't document my code for shiat
 
2013-04-18 12:00:37 PM
But what about the children? If jsut one life could be saved form a DWI accident it would b worth it.

We have to change our individual privacy culture and repeal the 4th Amendment

"because we must strike a better balance between the right to defend ourselvesprivacy and the right of every child in America to grow up safe from gun violence a drunk driver.. I will vote for the banwarrant less blood tests because maintaining law and order is more important than satisfying conspiracy theorists who believe in black helicopters and false flags. And I will vote for the ban warrant less blood tests because saving lives the lives of young police officers and innocent civilians is more important than preventing imagined tyranny."
FTFHR

www.bet.com
 
2013-04-18 12:01:56 PM
I feel so much safer now.
 
2013-04-18 12:03:33 PM

Serious Black: So Obama is supposed to have clairvoyance and see how the Supreme Court is going to rule on a case before making decisions on whether the DoJ should defend a law?


As I'm sure everyone but cman realizes, the government will always defend ANY power and criminal conviction no matter what.

And if they didn't, the Republicans would just claim that Obama is a pro-drunk driving.
 
2013-04-18 12:03:43 PM
This should be a wake up call to all those local judges out there where there are roads.
 
2013-04-18 12:04:21 PM

GoldSpider: The government has a compelling interest to prevent crime.  This interest supersedes an individual's constitutional rights, for the greater good.


Wait, what just happened here?
www.bitrebels.com
 
2013-04-18 12:05:32 PM

studs up: GoldSpider: The government has a compelling interest to prevent crime.  This interest supersedes an individual's constitutional rights, for the greater good.

Wait, what just happened here?
[www.bitrebels.com image 740x500]


you got trolled, that's what happened
 
2013-04-18 12:06:01 PM
America is so farked up....Did I read that correctly?

A guy with 2 prior DUI convictions, a rolling multi-death waiting to happen AND the cops KNOW he's loaded, gets a break.
Yet, I go through an American airport and some fat-fat-fat-farkin' DHS agent can stop me, frisk me, swab me for explosives and generally mess with me all 100% legally.

I don't know The Constitution very well, so I can't back anything up.
But this is just farked IMHO.
 
2013-04-18 12:11:06 PM

SovietCanuckistan: I don't know The Constitution very well, so I can't back anything up.
But this is just farked IMHO.


Cop didn't do his job right.

Letting people off "on technicalities" is generally a mechanism to make sure law enforcement remains motivated to do its job properly.

That's the theory anyway.
 
2013-04-18 12:12:23 PM
Still, you refuse to have an etoh test states can take your license.
 
2013-04-18 12:12:58 PM

SovietCanuckistan: America is so farked up....Did I read that correctly?

A guy with 2 prior DUI convictions, a rolling multi-death waiting to happen AND the cops KNOW he's loaded, gets a break.
Yet, I go through an American airport and some fat-fat-fat-farkin' DHS agent can stop me, frisk me, swab me for explosives and generally mess with me all 100% legally.

I don't know The Constitution very well, so I can't back anything up.
But this is just farked IMHO.


It's because they haven't reclassified DWI/DUI as terrorism.

Yet.
 
2013-04-18 12:13:19 PM

TheOnion: cman: 8-1 ruling against Obama administration arguments asking for a blanket rule to allow em

Isnt Obama supposed to be some sort of constitutional scholar or something?

Both sides are bad.  Republicans are worse.  So vote 3rd party.


And get the option that is worse for you when you do vote 3rd party.

Change the voting to instant run-off, then vote how you want.

It's not that confusing.
 
2013-04-18 12:13:44 PM
Only Justice Clarence Thomas would have held that a warrantless blood test does not violate a suspect's constitutional rights.

Of course he did.
 
2013-04-18 12:13:48 PM

Satanic_Hamster: Rincewind53: I don't think you understand how the Justice Department works.

I don't think cman's brain works.  He's either a dedicated performance artist of a troll or ate WAY too much wall candy as a child.  You're talking about the guy who still claims that Nazis are far left socialists.


Is it your position the NAZIs are far right, small govt teabaggers? That doesn't sound right to me either. I'm pretty sure that Adolph wanted a "strong central govt" to "care" for his people. I can see his point.
 
2013-04-18 12:14:44 PM

The_Gallant_Gallstone: SovietCanuckistan: I don't know The Constitution very well, so I can't back anything up.
But this is just farked IMHO.

Cop didn't do his job right.

Letting people off "on technicalities" is generally a mechanism to make sure law enforcement remains motivated to do its job properly.

That's the theory anyway.


Look at the alternative: "Well, the law says we can't bust down this guy's door without a warrant, but we get to use anything we find in court anyway, so what's the harm?"

People aren't "let off on technicalities". Deputized law-enforcement officials farked up the case, preventing it from moving forward.
 
2013-04-18 12:16:35 PM

SovietCanuckistan: America is so farked up....Did I read that correctly?

A guy with 2 prior DUI convictions, a rolling multi-death waiting to happen AND the cops KNOW he's loaded, gets a break.
Yet, I go through an American airport and some fat-fat-fat-farkin' DHS agent can stop me, frisk me, swab me for explosives and generally mess with me all 100% legally.

I don't know The Constitution very well, so I can't back anything up.
But this is just farked IMHO.


If they know he was so loaded, why exactly was it a problem to get a warrant?

This kind of fascist acceptance is exactly the problem.  YOU are the problem.  Committed a crime before?  Nope, you don't deserve any civil rights, ever.  You must be forced to incriminate yourself, so that I may remain "free."  Never mind that I all but guarantee you commit a crime every day.  Speed?  Throw your butt out the window if you smoke?  Watch porn stolen from the producer? Watch a TV show?  Download music?

But it's YOUR freedoms that matter, not his.  You can go fark yourself.
 
2013-04-18 12:16:57 PM
Satanic_Hamster:

Odd that Thomas was the only decent.  Did Scalia switch his vote just to mess with him?

Anita Hill would probably dissent from your opinion on Thomas' decency.
 
2013-04-18 12:17:35 PM
Anyone who thinks the nazis were anywhere close to either party is a full on blithering farking retard of the highest order, totally goddamned ignorant of the third reich, and should never be taken seriously in any context for the rest of time.
 
2013-04-18 12:18:08 PM

studs up: Satanic_Hamster: Rincewind53: I don't think you understand how the Justice Department works.

I don't think cman's brain works.  He's either a dedicated performance artist of a troll or ate WAY too much wall candy as a child.  You're talking about the guy who still claims that Nazis are far left socialists.

Is it your position the NAZIs are far right, small govt teabaggers? That doesn't sound right to me either. I'm pretty sure that Adolph wanted a "strong central govt" to "care" for his people. I can see his point.


Saying that German politics compare in any way to American politics is partisan stretching.
 
2013-04-18 12:18:43 PM

GoldSpider: The government has a compelling interest to prevent crime.  This interest supersedes an individual's constitutional rights, for the greater good.


Cool. BTW, tell the douchebags who won't allow a vote on a gun bill about this too.
 
2013-04-18 12:18:44 PM

GAT_00: SovietCanuckistan: America is so farked up....Did I read that correctly?

A guy with 2 prior DUI convictions, a rolling multi-death waiting to happen AND the cops KNOW he's loaded, gets a break.
Yet, I go through an American airport and some fat-fat-fat-farkin' DHS agent can stop me, frisk me, swab me for explosives and generally mess with me all 100% legally.

I don't know The Constitution very well, so I can't back anything up.
But this is just farked IMHO.

If they know he was so loaded, why exactly was it a problem to get a warrant?

This kind of fascist acceptance is exactly the problem.  YOU are the problem.  Committed a crime before?  Nope, you don't deserve any civil rights, ever.  You must be forced to incriminate yourself, so that I may remain "free."  Never mind that I all but guarantee you commit a crime every day.  Speed?  Throw your butt out the window if you smoke?  Watch porn stolen from the producer? Watch a TV show?  Download music?

But it's YOUR freedoms that matter, not his.  You can go fark yourself.


Don't forget the idiotic attitude of "My rights are being violated ,therefore everyone else's rights should be violated too"
 
2013-04-18 12:19:47 PM

SovietCanuckistan: A guy with 2 prior DUI convictions, a rolling multi-death waiting to happen AND the cops KNOW he's loaded, gets a break.


You read it correctly but came to the incorrect conclusion. He was speeding, swerving, could barely stand, and admitted to have been drinking. There's more than sufficient evidence to convict this individual for DUI. He only managed to get the blood test thrown out.
 
2013-04-18 12:21:01 PM

GAT_00: Only Justice Clarence Thomas would have held that a warrantless blood test does not violate a suspect's constitutional rights.

Of course he did.


For the record, so does Obama apparently.
 
2013-04-18 12:22:41 PM

GAT_00: But it's YOUR freedoms that matter, not his. You can go fark yourself.


It's almost as if narrow, literal interpretation of the Constitution leads to a loss of liberty.
 
2013-04-18 12:22:51 PM

The My Little Pony Killer: studs up: Satanic_Hamster: Rincewind53: I don't think you understand how the Justice Department works.

I don't think cman's brain works.  He's either a dedicated performance artist of a troll or ate WAY too much wall candy as a child.  You're talking about the guy who still claims that Nazis are far left socialists.

Is it your position the NAZIs are far right, small govt teabaggers? That doesn't sound right to me either. I'm pretty sure that Adolph wanted a "strong central govt" to "care" for his people. I can see his point.

Saying that German politics compare in any way to American politics is partisan stretching.


The US has a mythology built upon independence and self-reliance.

US perception of Europe is one that went from dependence on "the crown" to dependence on "the state".
 
2013-04-18 12:23:19 PM

GAT_00: SovietCanuckistan: America is so farked up....Did I read that correctly?

A guy with 2 prior DUI convictions, a rolling multi-death waiting to happen AND the cops KNOW he's loaded, gets a break.
Yet, I go through an American airport and some fat-fat-fat-farkin' DHS agent can stop me, frisk me, swab me for explosives and generally mess with me all 100% legally.

I don't know The Constitution very well, so I can't back anything up.
But this is just farked IMHO.

If they know he was so loaded, why exactly was it a problem to get a warrant?

This kind of fascist acceptance is exactly the problem.  YOU are the problem.  Committed a crime before?  Nope, you don't deserve any civil rights, ever.  You must be forced to incriminate yourself, so that I may remain "free."  Never mind that I all but guarantee you commit a crime every day.  Speed?  Throw your butt out the window if you smoke?  Watch porn stolen from the producer? Watch a TV show?  Download music?

But it's YOUR freedoms that matter, not his.  You can go fark yourself.


I am not sure what you are getting at here. The go fark myself part is getting in the way of understanding your point.
 
2013-04-18 12:25:26 PM
4th Amendment only "mostly" dead?  Wake me when it's all dead, then we can go through its pockets for loose change.
 
2013-04-18 12:25:52 PM

cman: 8-1 ruling against Obama administration arguments asking for a blanket rule to allow em

Isnt Obama supposed to be some sort of constitutional scholar or something?


Wasn't an 8-1 ruling. It was split 5-4 kind of. 3 Justices concurred and dissented

i.imgur.com
 
2013-04-18 12:27:50 PM

SovietCanuckistan: I am not sure what you are getting at here. The go fark myself part is getting in the way of understanding your point.


I'm getting at that you are mad that a criminal was awarded civil rights, to be treated as a citizen of the US.  You're the reason that we have shiat like the Patriot Act, that is exactly the attitude that gave us those laws.  So when you get mad that the TSA pats you down, look in the mirror for someone to blame.

Simply being guilty of a crime in the past does not mean you should lose all rights.

birchman: GAT_00: Only Justice Clarence Thomas would have held that a warrantless blood test does not violate a suspect's constitutional rights.

Of course he did.

For the record, so does Obama apparently.


If you think I haven't routinely bashed him for that, you're sadly mistaken.
 
2013-04-18 12:27:52 PM

GAT_00: SovietCanuckistan: America is so farked up....Did I read that correctly?

A guy with 2 prior DUI convictions, a rolling multi-death waiting to happen AND the cops KNOW he's loaded, gets a break.
Yet, I go through an American airport and some fat-fat-fat-farkin' DHS agent can stop me, frisk me, swab me for explosives and generally mess with me all 100% legally.

I don't know The Constitution very well, so I can't back anything up.
But this is just farked IMHO.

If they know he was so loaded, why exactly was it a problem to get a warrant?

This kind of fascist acceptance is exactly the problem.  YOU are the problem.  Committed a crime before?  Nope, you don't deserve any civil rights, ever.  You must be forced to incriminate yourself, so that I may remain "free."  Never mind that I all but guarantee you commit a crime every day.  Speed?  Throw your butt out the window if you smoke?  Watch porn stolen from the producer? Watch a TV show?  Download music?

But it's YOUR freedoms that matter, not his.  You can go fark yourself.


That was pretty harsh, but I get your point.  Doesn't matter who the police are dealing with, they have an obligation to respect one's rights, and if they don't, we toss the case.  Period.  Otherwise there's no way to keep these guys in line.
 
2013-04-18 12:29:22 PM

GAT_00: we have shiat like the Patriot Act


Don't worry, you'll be safer (?) from terrorists, it will only cost you some (more) of your rights.
 
2013-04-18 12:31:06 PM

Aarontology: Anyone who thinks the nazis were anywhere close to either party is a full on blithering farking retard of the highest order, totally goddamned ignorant of the third reich, and should never be taken seriously in any context for the rest of time.


Anyone who makes a statement like this lives with his mom, has male PMS, diddles poodles and should never be allowed to touch a keyboard without govt supervision. Your hands are sticky with the masturbatory fantasy that you have any intelligence at all. Go Fark yourself with a Dremel and never post here again.
/drama, how does it work?
 
2013-04-18 12:32:48 PM

GAT_00: SovietCanuckistan: I am not sure what you are getting at here. The go fark myself part is getting in the way of understanding your point.

I'm getting at that you are mad that a criminal was awarded civil rights, to be treated as a citizen of the US.  You're the reason that we have shiat like the Patriot Act, that is exactly the attitude that gave us those laws.  So when you get mad that the TSA pats you down, look in the mirror for someone to blame.

Simply being guilty of a crime in the past does not mean you should lose all rights.

birchman: GAT_00: Only Justice Clarence Thomas would have held that a warrantless blood test does not violate a suspect's constitutional rights.

Of course he did.

For the record, so does Obama apparently.

If you think I haven't routinely bashed him for that, you're sadly mistaken.


Good. I'm generally an Obama supporter but he's absolutely wrong on this.
 
2013-04-18 12:33:45 PM

studs up: Aarontology: Anyone who thinks the nazis were anywhere close to either party is a full on blithering farking retard of the highest order, totally goddamned ignorant of the third reich, and should never be taken seriously in any context for the rest of time.

Anyone who makes a statement like this lives with his mom, has male PMS, diddles poodles and should never be allowed to touch a keyboard without govt supervision. Your hands are sticky with the masturbatory fantasy that you have any intelligence at all. Go Fark yourself with a Dremel and never post here again.
/drama, how does it work?


I'm not sure what the point is but the vitrol is admirable.  My compliments.
 
2013-04-18 12:34:28 PM

GAT_00: SovietCanuckistan: I am not sure what you are getting at here. The go fark myself part is getting in the way of understanding your point.

I'm getting at that you are mad that a criminal was awarded civil rights, to be treated as a citizen of the US.  You're the reason that we have shiat like the Patriot Act, that is exactly the attitude that gave us those laws.  So when you get mad that the TSA pats you down, look in the mirror for someone to blame.

Simply being guilty of a crime in the past does not mean you should lose all rights.


I am not mad he had civil rights at all, and the Patriot Act is a joke, hence the DHS dis. How long does it take to get a warrant? Would the guy be sober by the time it happens? Are breathalyzers commonly used too? I am really just asking Dude, no need to go off the deep end. In cases like drunk driving, things should be pretty black and white.
 
2013-04-18 12:35:40 PM

birchman: GAT_00: Only Justice Clarence Thomas would have held that a warrantless blood test does not violate a suspect's constitutional rights.

Of course he did.

For the record, so does Obama apparently.


I reiterate my above point: was Obama supposed to peer into the future and see whether the Supreme Court would decide against him in this case before letting the DoJ defend the law in this case?
 
2013-04-18 12:36:10 PM

GAT_00: You're the reason that we have shiat like the Patriot Act, that is exactly the attitude that gave us those laws.


The Canadians? I knew it!
 
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