I'm subject to random drug testing because I have a commercial drivers license. I can be randomly accused of being a drug addict or drunk and must report to a clinic for a breath test, give a urine sample, or both. The only probable cause is the license. Drug testing is a huge industry now thanks to the law. This is an erosion of my personal liberty. Another erosion of liberty is all of the smoking bans popping up everywhere. A resturant or bar is private property and if the owner wants to let people smoke that should be the owners business. The government can ban smoking on government held property, but on private property? The USA is becoming a nanny state. Our personal liberties will not be wiped out with one fell swoop from an external enemy. Liberty will die from thousands of often small self-inflicted wounds.
The Supremes Abolish 4th Amendment
Amen! ... and to add, the recent Supreme decision, while not a total death stroke, is a serious blow that will be part of the final death stroke over time.
The reason we have not had a terror act on our soil since 9/11 has more to do with our intelligence and vigilence to spot and terminate such acts. Also, by going into Iraq (however right or wrong) we have taken the fight to their soil for now. In time, as things calm, and if we let our guard down, these criminals will strike again.
: If your not doing anything wrong, why would you worry?
read kafka's "the trial"
First they came for Bert and Ernie
...and I said nothing because I was not a Muppet.
Then they came for Tinky Winky, and I said nothing, because I was not a Teletubby.
Then they came for Sponge Bob and Patrick, and I said nothing, because I was not an asexual cartoon sea creature.
Posted by geniph
Ah, c'mon Jim, you gonna make me do this.....
Police can detain and ultimately search (exception to the warrant requriement-exigent circmstance, the dope was about to drive away...) if there is reasonable suspicion to believe there is criminal activity afoot (articulable facts). There was no search inside the car until after articulable facts arose. The dog sniffed an odor outside the car. Once the dog indicated drugs, there is your articulable fact. There has long been a "plain-sniff" exception (as well as plain-view exception) to the warrant requirement as well-even though this doesn't quite apply, since the dog was sniffing outside, where it had every legal right to be.
We criminal defense law clerks discussed this at break in Con Law tonight. This is not a new infringement on the Fourth Amendment being carved out. Now get that cop for making an unecessary stop in the first place, and then we can talk Fourth Amendment violations.
Now get that cop for making an unecessary stop in the first place, and then we can talk Fourth Amendment violations.
Well, hell, they can pull you over for about anything.
You were speeding...40 in a 35
You didn't signal a lane change
You were driving too slow
What are you doing out at 4:00am? Where you been? Where you going?
You've got a license plate light burnt out
Handlebars are too tall on this motorcycle
Exhaust pipes are too loud
Tires are bald
Those are all true reasons that either I or someone I know has been pulled over for.
So now, once they've got you pulled for some minor bullshit, and then you act nervous, that gives them reasonable cause to call back-ups, drug dogs and search your car?
Because people have said for years, "If you ain't got nuthin to hide, why worry" is exactly why we are in this predicament. We gave em an inch, now they're taking a mile. So now people start to complain, but it's too late, we already acquised with our lackadaiscal attitude earlier.