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 DeadHearts
Registered: 07/17/09
Posts: 21,150
Loc: MICHIGAN
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 Supreme Court endorses warrantless search based on marijuana smell 
#14470873 - 05/18/11 01:23 AM (2 years, 7 days ago) |
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This is seriously fucked up. If these cops are allowed to do this then what is to
stop another from doing the same? This is not right............
The Supreme Court of Kentucky initially ruled that the search was not legal and did not meet "exigent circumstances" because officer should have known that knocking on the door would cause the occupants to attempt to hide or destroy evidence.
The court contended that officers "deliberately create the exigent circumstances with the bad faith intent to avoid the warrant requirement."
The US Supreme Court disagreed.
“Where, as here, the police did not create the exigency by engaging or threatening to engage in conduct that violates the Fourth Amendment, warrantless entry to prevent the destruction of evidence is reasonable and thus allowed," Justice Samuel A. Alito Jr. wrote as part of the court’s decision. “Because the officers in this case did not violate or threaten to violate the Fourth Amendment prior to the exigency, we hold that the exigency justified the warrantless search of the apartment.”
Justice Ruth B. Ginsburg was in the minority, opposing the majority decision made by the court.
http://rt.com/usa/news/supreme-court-warrantless-search-marijuana/
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Edited by DeadHearts (05/18/11 01:33 AM)
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DeadHearts
Registered: 07/17/09
Posts: 21,150
Loc: MICHIGAN
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 Re: Supreme Court endorses warrantless search based on marijuana smell [Re: DeadHearts]
#14470883 - 05/18/11 01:24 AM (2 years, 7 days ago) |
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Fuck. Of course this was in the news forum. My bad. Lock it down.
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 DrMambo
hamburger time
Registered: 04/06/04
Posts: 5,628
Loc: 53rd & 3rd
Last seen: 4 months, 20 days
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Re: Supreme Court endorses warrantless search based on marijuana smell [Re: DeadHearts]
#14470888 - 05/18/11 01:25 AM (2 years, 7 days ago) |
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nooooo keep it
it's in the news forum, but really really important
and way too underpublicized
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"Yeah, he's a professor...... OF BEING A DOG!"
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DrMambo
hamburger time
Registered: 04/06/04
Posts: 5,628
Loc: 53rd & 3rd
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Re: Supreme Court endorses warrantless search based on marijuana smell [Re: DrMambo]
#14470946 - 05/18/11 01:37 AM (2 years, 7 days ago) |
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you know, 'cauze Shwarzenegger shooting his DNA somewhere it grew is taking up so much space in most US headlines
though the IMF dude raping is pretty important, and probably the biggest headline in the US in the moment
but the dude who leads the IMF is raping 
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"Yeah, he's a professor...... OF BEING A DOG!"
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DeadHearts
Registered: 07/17/09
Posts: 21,150
Loc: MICHIGAN
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Re: Supreme Court endorses warrantless search based on marijuana smell [Re: DrMambo]
#14470970 - 05/18/11 01:41 AM (2 years, 7 days ago) |
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Quote:
DrMambo said:
you know, 'cauze Shwarzenegger shooting his DNA somewhere it grew is taking up so much space in most US headlines
though the IMF dude raping is pretty important, and probably the biggest headline in the US in the moment
but the dude who leads the IMF is raping
Its so true 
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DeadHearts
Registered: 07/17/09
Posts: 21,150
Loc: MICHIGAN
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Re: Supreme Court endorses warrantless search based on marijuana smell [Re: DeadHearts]
#14472327 - 05/18/11 11:47 AM (2 years, 7 days ago) |
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Im really surprised no one has anything to say about this.
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DrMambo
hamburger time
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Last seen: 4 months, 20 days
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Re: Supreme Court endorses warrantless search based on marijuana smell [Re: DeadHearts]
#14472681 - 05/18/11 01:12 PM (2 years, 7 days ago) |
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people are pretty riled up in the news section
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"Yeah, he's a professor...... OF BEING A DOG!"
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DeadHearts
Registered: 07/17/09
Posts: 21,150
Loc: MICHIGAN
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Re: Supreme Court endorses warrantless search based on marijuana smell [Re: DrMambo]
#14472698 - 05/18/11 01:15 PM (2 years, 7 days ago) |
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Quote:
DrMambo said:
people are pretty riled up in the news section
Yeah, Im going to have to move over there. Still dont get it though.
EVERYONE should be riled up!
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thodub
Registered: 04/29/11
Posts: 754
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Re: Supreme Court endorses warrantless search based on marijuana smell [Re: DeadHearts]
#14472712 - 05/18/11 01:18 PM (2 years, 7 days ago) |
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Well I'm not really that surprised many of the last couple of Supreme Court rulings have really weakened the 4th amendment.
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ukgrower
Stranger
Registered: 04/05/11
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Re: Supreme Court endorses warrantless search based on marijuana smell [Re: DeadHearts]
#14472713 - 05/18/11 01:18 PM (2 years, 7 days ago) |
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i thought america was supposed to be the land of the free and all that? not anymore by the looks of things
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DeadHearts
Registered: 07/17/09
Posts: 21,150
Loc: MICHIGAN
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Re: Supreme Court endorses warrantless search based on marijuana smell [Re: thodub]
#14472716 - 05/18/11 01:19 PM (2 years, 7 days ago) |
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Quote:
thodub said:
Well I'm not really that surprised many of the last couple of Supreme Court rulings have really weakened the 4th amendment.
Its not about being surprised man.
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thodub
Registered: 04/29/11
Posts: 754
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Re: Supreme Court endorses warrantless search based on marijuana smell [Re: DeadHearts]
#14472724 - 05/18/11 01:20 PM (2 years, 7 days ago) |
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Well I'm just saying that its a continuing trend that will probably get worse...
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The Inner Eye
 
Registered: 06/20/10
Posts: 941
Last seen: 1 month, 10 days
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Re: Supreme Court endorses warrantless search based on marijuana smell [Re: DeadHearts]
#14472725 - 05/18/11 01:20 PM (2 years, 7 days ago) |
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Our country slowly stealing our privacy and rights??? Unheard of! 
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 Maverick
Lover of Earwigs!
Registered: 12/18/05
Posts: 10,798
Loc: Northern Nevada 
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Re: Supreme Court endorses warrantless search based on marijuana smell [Re: DeadHearts]
#14472730 - 05/18/11 01:21 PM (2 years, 7 days ago) |
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So... basically a cop can lie and say he smelled marijuana, bust into your place, and ruin your life, even if there is no marijuana present, just because he now has that ability... Great. I've still got a 12'guage shotgun for hunting that's also the primary indoor defense weapon here. If someone's breaking in, I won't wait to see if it's a cop or not, I'll just blow their head off, then after the fact, it's self-defense of a break in.
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DeadHearts
Registered: 07/17/09
Posts: 21,150
Loc: MICHIGAN
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Re: Supreme Court endorses warrantless search based on marijuana smell [Re: thodub]
#14472732 - 05/18/11 01:21 PM (2 years, 7 days ago) |
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Quote:
thodub said:
Well I'm just saying that its a continuing trend that will probably get worse...
Yet many laugh it off. I dont get it.
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DeadHearts
Registered: 07/17/09
Posts: 21,150
Loc: MICHIGAN
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Re: Supreme Court endorses warrantless search based on marijuana smell [Re: Maverick]
#14472736 - 05/18/11 01:22 PM (2 years, 7 days ago) |
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Quote:
Maverick said:
So... basically a cop can lie and say he smelled marijuana, bust into your place, and ruin your life, even if there is no marijuana present, just because he now has that ability... Great.
Yep. This is no doubt crossing a major line. And we can see how it was handled
by the US supreme court.
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AntiEverything
im not a doctor
Registered: 07/07/06
Posts: 5,688
Last seen: 17 hours, 24 minutes
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Re: Supreme Court endorses warrantless search based on marijuana smell [Re: DeadHearts]
#14472740 - 05/18/11 01:23 PM (2 years, 7 days ago) |
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the 4th ammendment is something i have studied quite a bit, and while this ruling is inherently unconstitutional, it isn't the worst civil liberty abuse, not even the worst in the last decade...several decades.
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“I write differently from what I speak, I speak differently from what I think, I think differently from the way I ought to think, and so it all proceeds into deepest darkness.”
— Franz Kafka
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The Inner Eye
Registered: 06/20/10
Posts: 941
Last seen: 1 month, 10 days
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Re: Supreme Court endorses warrantless search based on marijuana smell [Re: DeadHearts]
#14472746 - 05/18/11 01:24 PM (2 years, 7 days ago) |
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Quote:
DeadHearts said:
Quote:
thodub said:
Well I'm just saying that its a continuing trend that will probably get worse...
Yet many laugh it off. I dont get it.
What hvae you done to stop this encrouchment... Better yet, what can you do to stop it? Unless you take away peoples cable t.v. and internet, they will always be sheeple slaves.
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The Inner Eye
Registered: 06/20/10
Posts: 941
Last seen: 1 month, 10 days
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Re: Supreme Court endorses warrantless search based on marijuana smell [Re: The Inner Eye]
#14472751 - 05/18/11 01:25 PM (2 years, 7 days ago) |
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Two words
Patriot Act 
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DrMambo
hamburger time
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Re: Supreme Court endorses warrantless search based on marijuana smell [Re: The Inner Eye]
#14472752 - 05/18/11 01:25 PM (2 years, 7 days ago) |
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I'm just pissed about how audacious this one is.
Have to get a pat down at the airport, and the news is highlighting everyone pissing and moaning, talking about the terrible intrusions and such.
Now a law enforcement officer can just about break your door down after a quick knock-knock and claim they thought you were, "destroying evidence"
even Glenn-Fucking-Beck completely ignored it.
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"Yeah, he's a professor...... OF BEING A DOG!"
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