Fine Police Who Stop People From Filiming Them?
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18-01-2016, 07:46 PM
RE: Fine Police Who Stop People From Filiming Them?
(18-01-2016 07:40 PM)Black Eagle Wrote:  
(18-01-2016 12:24 PM)Chas Wrote:  4th Amendment, dude.

"The right of the people to be secure in their persons, houses, papers, and effects,
against unreasonable searches and seizures, shall not be violated, and no warrants
shall issue, but upon probable cause, supported by oath or affirmation, and
particularly describing the place to be searched, and the persons or things to be seized."

It seems to me that the language of the fourth amendment requires that a warrant be issued for every search and that was the intent of the framers. Today, the overwhelming majority of searches are conducted without a warrant. The courts have decided that it is too much trouble to require the cops to get a warrant in every case and the bad guys, especially people in possession of illegal drugs, might escape or destroy the drugs if the cops were required to get a warrant. Also, if we strictly enforce the language of the constitution, bad guys will be getting away all over the place. That pesky 4th amendment gets in the way so we have all kinds of exceptions to the warrant requirement. We even have a new category of search that is completely outside the 4th amendment and that is "stop and frisk" based on some idiotic concept called "reasonable suspicion." The words, "reasonable suspicion," do not exist in the 4th amendment. They were the product of some sick fucking judge's paranoid ramblings and now they are ingrained in the fucking law.

But the words "unreasonable search and seizure" do exist in the IVth Amendment and that makes all the difference.

The police are not required to have a warrant if the search or seizure is considered reasonable - not by them but by the courts. The courts have repeatedly defined "reasonable" and changed its extent over time.

Grabbing someone's camera is not generally reasonable, and stop and frisk isn't either - except sometimes it is.

Skepticism is not a position; it is an approach to claims.
Science is not a subject, but a method.
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