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Morning Legal Briefs

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25 Replies. 2 pages. Viewing page 1.
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25. Re: Morning Legal Briefs Jan 3, 2014, 15:50 Creston
 
Beamer wrote on Jan 3, 2014, 13:58:
But it doesn't go wrong as often as people think.

I think you would be surprised.

Now, sure, taken as a percentile, it doesn't go wrong that often. But there are likely thousands of people wrongfully incarcerated, and that's THOUSANDS of people too many.
 
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24. Re: Morning Legal Briefs Jan 3, 2014, 13:58 Beamer
 
jdreyer wrote on Jan 3, 2014, 03:52:
Beamer wrote on Jan 2, 2014, 20:37:
I think a lot of people here don't understand how loose "probably cause" is.

Don't make enough eye contact with the officer? You're hiding something, it's probably cause to search you.
Make too much eye contact with the officer? You're hiding something, it's probably cause to search you.
Make just the right amount of eye contact with the officer? You're trying too hard, which means you're hiding something, it's probably cause to search you.

I would have thought this was unnecessarily cynical UNTIL I WATCHED THIS.

Courts have rarely disagreed with an officer that he had probably cause. In some ways it makes sense - they weren't there at the time. But what it means is that virtually anything can be probable cause.

Common advice in a traffic stop is to never consent to a search of your vehicle. Do you know what that is? Probable cause! If you're refusing a search, you must have something to hide. So that just means you sit there, waiting, while the officer goes to a judge and gets a warrant and searches your car anyway.

The honest truth, when you get down to it, is that people without a reason to fear the police typically have no reason to fear the police. How many people here have either been searched (not patted down) or put in jail for no reason?

When something goes wrong, it goes horribly wrong. But it doesn't go wrong as often as people think. That doesn't diminish the impact of wrong, or how wrong those incidents are, but they're a lot more rare than people think. They're much more common in media than reality. Some are just so horrible they completely stick, like that guy that got cavity searched repeatedly a month ago.
Spend some time in a criminal court, though, and you won't see many people that don't belong there. That said, there was one murder case where one guy went away for a long, long time, that no one thought was right. Prosecutor thought he deserved manslaughter because he didn't believe the witness, but since there was a witness and no factual reason not to believe her, he had to ask for more. Well, the jury believed her, and that's all that mattered.
 
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23. Re: Morning Legal Briefs Jan 3, 2014, 08:41 gray
 
Get out before it's too late  
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22. Re: Morning Legal Briefs Jan 3, 2014, 03:56 jdreyer
 
InBlack wrote on Jan 3, 2014, 03:28:
Ill just leave this right here. Scary shit. Scary as it sounds too fucking close to the fucking truth...

http://en.wikipedia.org/wiki/Inverted_totalitarianism

Well, sure. It was a stated goal of OBL, and it worked. He may be dead, but he's still winning the war. We're a fundamentally different country than we were in 2001. We took the wrong lesson and have completely overreacted.
 
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"It's just a bunch of mystic bovine scatology to me." - 1badmf
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21. Re: Morning Legal Briefs Jan 3, 2014, 03:52 jdreyer
 
Beamer wrote on Jan 2, 2014, 20:37:
I think a lot of people here don't understand how loose "probably cause" is.

Don't make enough eye contact with the officer? You're hiding something, it's probably cause to search you.
Make too much eye contact with the officer? You're hiding something, it's probably cause to search you.
Make just the right amount of eye contact with the officer? You're trying too hard, which means you're hiding something, it's probably cause to search you.

I would have thought this was unnecessarily cynical UNTIL I WATCHED THIS.
 
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"It's just a bunch of mystic bovine scatology to me." - 1badmf
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20. Re: Morning Legal Briefs Jan 3, 2014, 03:28 InBlack
 
Ill just leave this right here. Scary shit. Scary as it sounds too fucking close to the fucking truth...

http://en.wikipedia.org/wiki/Inverted_totalitarianism
 
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I have a nifty blue line!
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19. Re: Morning Legal Briefs Jan 2, 2014, 21:33 jimnms
 
Prez wrote on Jan 2, 2014, 12:07:
Too bad this country's founders didn't draw up rules that would prevent this sort of invasion of privacy...
2nd Amendment...
 
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MeanJim on Steam
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18. Re: Morning Legal Briefs Jan 2, 2014, 21:20 Cutter
 
So what are you going to do about it? Nothing. That's what.
 
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"Nobody wants to be nobody in America. Ed is the apotheosis of a prevailing American syndrome. It used to be that someone became famous because they were special. Now people are considered special just for being famous. Fame, itself, is its own virtue.
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17. Re: Morning Legal Briefs Jan 2, 2014, 20:52 Task
 
Dev wrote on Jan 2, 2014, 20:27:
Task wrote on Jan 2, 2014, 16:09:
Not many people are aware, but the borders are considered a "constitution free zone" according to the government since 1952 as the DHS, CBP, and ICE are given authority to search people without any probable cause and disregard the 4th amendment in a boundary 100 miles from the border.
Its not like a lot of people live that close to the border though, right? Only like 2/3rds of the population or so.

Correct. Approximately 200 million people.

The Supreme Court upheld INA 1952 law in 1976 (U.S. vs. Martinez-Fuerto) - Martinez was arrested under "suspicion" that he was an illegal immigrant, but it turned out to be false, they arrested an innocent person. He was merely apprehended under suspicion with no evidence.

However, some of the Justices of the Supreme Court dissented saying the fact that Supreme Court upheld it meant the "evisceration of the Fourth Amendment."

Basically what this all means is that freedom of movement, freedom of person and possessions, and privacy has been eroded gradually over time in the U.S. (conditioning) And it has become highly abused in the last decade.
 
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16. Re: Morning Legal Briefs Jan 2, 2014, 20:37 Beamer
 
I think a lot of people here don't understand how loose "probably cause" is.

Don't make enough eye contact with the officer? You're hiding something, it's probably cause to search you.
Make too much eye contact with the officer? You're hiding something, it's probably cause to search you.
Make just the right amount of eye contact with the officer? You're trying too hard, which means you're hiding something, it's probably cause to search you.

 
-------------
Music for the discerning:
http://www.deathwishinc.com
http://www.hydrahead.com
http://www.painkillerrecords.com
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15. Re: Morning Legal Briefs Jan 2, 2014, 20:27 Dev
 
Task wrote on Jan 2, 2014, 16:09:
Not many people are aware, but the borders are considered a "constitution free zone" according to the government since 1952 as the DHS, CBP, and ICE are given authority to search people without any probable cause and disregard the 4th amendment in a boundary 100 miles from the border.
Its not like a lot of people live that close to the border though, right? Only like 2/3rds of the population or so.
 
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14. Re: Morning Legal Briefs Jan 2, 2014, 18:24 Creston
 
jdreyer wrote on Jan 2, 2014, 17:21:
Already. Happening.

What. The. Fuck.
 
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13. Re: Morning Legal Briefs Jan 2, 2014, 17:56 1badmf
 
yeah this is one legal precedent where the judiciary has collectively plopped their heads up their asses, and now that it's become such a long standing precedent no judge has the balls to go back on it, same as the 'state secrets' privilege which was a lie to begin with. i'm pretty sure if we asked jefferson and ben franklin if they thought the constitution didn't apply at the border, they'd just roll their eyes at us and ask how long we've been serving king george.  
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12. Re: Morning Legal Briefs Jan 2, 2014, 17:23 jdreyer
 
 
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"It's just a bunch of mystic bovine scatology to me." - 1badmf
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11. Re: Morning Legal Briefs Jan 2, 2014, 17:21 jdreyer
 
Julio wrote on Jan 2, 2014, 16:09:
Tanto Edge wrote on Jan 2, 2014, 14:29:
Tolerated? Or taken up the ass with a smile?

Seriously, I'll never understand how someone can talk about these violations and then in the same sentence or breath claim that the US is the 'land of the free'.

Just wait until the full cavity searches with no suspicion needed.

Already. Happening.

Wouldn't have crap like this if not for the idiotic "war" on drugs.
 
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"It's just a bunch of mystic bovine scatology to me." - 1badmf
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10. Re: Morning Legal Briefs Jan 2, 2014, 16:09 Task
 
Creston wrote on Jan 2, 2014, 12:03:
Great. So now they can just randomly confiscate your electronics equipment because they feel like it?

WTF, US government? When did this country turn into fucking CHINA???

For a while, just a calculated trip to get there in some form or fashion. Really picked up steam during the 60s/70s.

Also there is this: http://panampost.com/wp-content/uploads/us-borders.gif

Not many people are aware, but the borders are considered a "constitution free zone" according to the government since 1952 as the DHS, CBP, and ICE are given authority to search people without any probable cause and disregard the 4th amendment in a boundary 100 miles from the border.

And here are some cool pics:
painting
painting 1
painting 2
painting 3
painting 4

 
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9. Re: Morning Legal Briefs Jan 2, 2014, 16:09 Julio
 
Tanto Edge wrote on Jan 2, 2014, 14:29:
Tolerated? Or taken up the ass with a smile?

Seriously, I'll never understand how someone can talk about these violations and then in the same sentence or breath claim that the US is the 'land of the free'.

Just wait until the full cavity searches with no suspicion needed.
 
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8. Re: Morning Legal Briefs Jan 2, 2014, 14:29 Tanto Edge
 
Xil wrote on Jan 2, 2014, 11:54:
"Just cause" becomes "just 'cause."

I have no plans on going to the US so I don't really care but it amazes me how much is tolerated these days

Tolerated? Or taken up the ass with a smile?

Seriously, I'll never understand how someone can talk about these violations and then in the same sentence or breath claim that the US is the 'land of the free'.
 
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http://www.youtube.com/watch?v=705LEH3j2g0&t=0m24s
http://www.youtube.com/user/tantoedge
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7. Re: Morning Legal Briefs Jan 2, 2014, 14:23 Wallshadows
 
Don't want to give us your login information? How about we charge you with treason and throw you in a hole for 30 years?  
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6. Re: Morning Legal Briefs Jan 2, 2014, 14:18 jdreyer
 
It has been this way forever. It's kind of a legal limbo as far as privacy rights go.  
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"It's just a bunch of mystic bovine scatology to me." - 1badmf
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