Since: Aug 11

Location hidden

#6439 Apr 21, 2013
TonyD2 wrote:
<quoted text>
As far as I can tell, Police asked each homeowner for permission to search. Similarly, the police "asked" residents to stay in their homes. It was the media that converted that to "ordered".
well I just found if anything all the authorities had to do is claim the Emergency Aid Exception to the Fourth Amendment's Warrant Requirement as their defense and justification.

The Emergency Aid Exception to the Fourth Amendment's Warrant Requirement

The article focuses on the legal authority of police to be exempted on the warrant requirement under the U.S. Constitution's Fourth Amendment during emergency situations. It says that exigent circumstances exception is an exception recognized by both state and federal courts in order for a police to act without warrants. It adds that the court case, Brigham City v. Stuart, showed the need for an objectively reasonable basis before a police will be legally subjected to emergency aid exception.

http://connection.ebscohost.com/c/articles/64...

Since: Aug 11

Location hidden

#6440 Apr 21, 2013
Seriouslady wrote:
<quoted text>
I'm in. It can only swell the treasury. Just watched a special on Watergate and it was the republicans that came down hardest on Nixon and forced him to resign. Speaks pretty well of the party in my mind.
You think any dems or libs will ever call Ohama on the crap he pulls?
Nixon was a pseudo liberal too.
They cannot kill a Spook

Detroit, MI

#6441 Apr 21, 2013
Seriouslady wrote:
<quoted text>
LOL never heard that one, Spookerini. Just when I think you can't surprise me....
Well thanks. I am just blunt. I hate spinning word definitions the way leftist and alleged lawyers ( some ones too) dog douche and others like trying to change definitions. I have always been one who has clear rules and failure to follow those rules has consequences.

Take this manhunt. The press will never follow up to see if any of these searchs won't result in a return by the police next week or even some parasite such as building dept / zoning over.something seen as the union trash tramped around or searched with "consent"

“Ludibrium est onus genio”

Since: Dec 11

Planet Earth

#6442 Apr 21, 2013
Anonymous of Indy wrote:
<quoted text>well I just found if anything all the authorities had to do is claim the Emergency Aid Exception to the Fourth Amendment's Warrant Requirement as their defense and justification.
Defense against what? Is someone making a claim against them?

“Tenured Marxist Radical”

Since: Jan 13

Ivy League-ISIS

#6443 Apr 21, 2013
Anonymous of Indy wrote:
<quoted text>Nixon was a pseudo liberal too.
Noam Chomsky, big lib, called him the last liberal president.
Duke for Mayor

Akron, OH

#6445 Apr 22, 2013
Anonymous of Indy wrote:
<quoted text>what do you call Police going from house to house without a search warrant and a disregard of citizens rights & the US Constitution which I would say Martial Law has been declared but we are dealing with a bunch of ultra pseudo liberal in one state too and good at twisting words.
I'd call it state, local, and federal law enforcement exerting a highly calculated and well-directed show of force to as a means of capturing a dangerous domestic terrorist who had just engaged in a heinous act of terrorism.

1) No declaration of Martial Law existed.

2) Exigent circumstances which justify warrantless searches will not offend the 4th Amendment, and those circumstances existed in this instance. That is well settled law in every state.

3) Not every house in Boston or Watertown was being searched. The exigent circumstances exception to the warrant requirement was most likely applied properly. At the very least, I've heard of not one individual homeowner or tenant complain about a warrantless search as a result of this incident.

4)No declaration of Martial Law existed.

woof
Duke for Mayor

Akron, OH

#6446 Apr 22, 2013
Anonymous of Indy wrote:
<quoted text>The martial law concept in the United States is closely tied with the right of habeas corpus, which is in essence the right to a hearing on lawful imprisonment, or more broadly, the supervision of law enforcement by the judiciary. The ability to suspend habeas corpus is often equated with martial law.[citation needed] Article 1, Section 9 of the US Constitution states, "The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it."
In United States law, martial law is limited by several court decisions that were handed down between the American Civil War and World War II. In 1878, Congress passed the Posse Comitatus Act, which forbids military involvement in domestic law enforcement without congressional approval.
At least two American lawmakers have stated on the record that, in their opinion, Section 1031 of the National Defense Authorization Act for Fiscal Year 2012 legalizes or authorizes martial law in the United States. Senator Mark Udall stated "These provisions raise serious questions as to who we are as a society and what our Constitution seeks to protect...Section 1031 essentially repeals the Posse Comitatus Act of 1878 by authorizing the U.S. military to perform law enforcement functions on American soil."[
http://en.wikipedia.org/wiki/Martial_law#Unit...
Did you see military forces involved?

woof
Duke for Mayor

Akron, OH

#6447 Apr 22, 2013
They cannot kill a Spook wrote:
<quoted text>
Well thanks. I am just blunt. I hate spinning word definitions the way leftist and alleged lawyers ( some ones too) dog douche and others like trying to change definitions. I have always been one who has clear rules and failure to follow those rules has consequences.
Take this manhunt. The press will never follow up to see if any of these searchs won't result in a return by the police next week or even some parasite such as building dept / zoning over.something seen as the union trash tramped around or searched with "consent"
If you understood the law, or at least looked into it, you wouldn't be asking that question.

woof
Duke for Mayor

Akron, OH

#6448 Apr 22, 2013
TonyD2 wrote:
<quoted text>
As far as I can tell, Police asked each homeowner for permission to search. Similarly, the police "asked" residents to stay in their homes. It was the media that converted that to "ordered".
You're close. The media converted it.

Some of those searches were likely done with consent, and some weren't.

I don't think they were busting through doors in South Boston. Those warrantless, involuntary searches based on exigent circumstances were limited to a small geographical area once there was reliable information the perp was in Watertown.

woof

Since: Aug 11

Location hidden

#6449 Apr 22, 2013
Duke for Mayor wrote:
<quoted text>
Did you see military forces involved?
woof
black hawk helicopter in the sky of Boston & along with personnel carriers.

Since: Aug 11

Location hidden

#6450 Apr 22, 2013
Duke for Mayor wrote:
<quoted text>
I'd call it state, local, and federal law enforcement exerting a highly calculated and well-directed show of force to as a means of capturing a dangerous domestic terrorist who had just engaged in a heinous act of terrorism.
1) No declaration of Martial Law existed.
2) Exigent circumstances which justify warrantless searches will not offend the 4th Amendment, and those circumstances existed in this instance. That is well settled law in every state.
3) Not every house in Boston or Watertown was being searched. The exigent circumstances exception to the warrant requirement was most likely applied properly. At the very least, I've heard of not one individual homeowner or tenant complain about a warrantless search as a result of this incident.
4)No declaration of Martial Law existed.
woof
the Modern Pseudo Liberals have found a work around by using the Emergency Aid Exception to the Fourth Amendment's Warrant Requirement.
Duke for Mayor

Akron, OH

#6451 Apr 22, 2013
Anonymous of Indy wrote:
<quoted text>the Modern Pseudo Liberals have found a work around by using the Emergency Aid Exception to the Fourth Amendment's Warrant Requirement.
Once again, you have absolutely no idea what you are talking about. Research it.

woof
Duke for Mayor

Akron, OH

#6452 Apr 22, 2013
Anonymous of Indy wrote:
<quoted text>black hawk helicopter in the sky of Boston & along with personnel carriers.
And?

woof

Since: Aug 11

Location hidden

#6453 Apr 22, 2013
Duke for Mayor wrote:
<quoted text>
Once again, you have absolutely no idea what you are talking about. Research it.
woof
whatever they did it in Boston and get those blinders off.

Since: Aug 11

Location hidden

#6454 Apr 22, 2013
Duke for Mayor wrote:
<quoted text>
Did you see military forces involved?
woof
National Guard forced to stand down by law enforcement in Boston

WASHINGTON, April 21, 2013 — The commander of the Rhode Island Army National Guard 13th Civil Support Team (CST) claims that her two WMD detection experts assigned duty at the Boston Marathon along with WMD troops from the Massachusetts Army National Guard 1st CST were “several blocks” from the finish line at the time of the twin terror bombings, but when those units immediately tried to move into position to respond, troops from both states were forced to stay back after law enforcement denied them access to the scene at the finish line.

http://communities.washingtontimes.com/neighb...
Duke for Mayor

Akron, OH

#6455 Apr 22, 2013
Anonymous of Indy wrote:
<quoted text>whatever they did it in Boston and get those blinders off.
Research how long the exigent circumstances exception to the requirement of a warrant under the 4th Amendment has been the law.

It should take about three minutes.

Or feel free to continue believing, mistakenly, that you're right. Your choice.

woof

Since: Aug 11

Location hidden

#6456 Apr 22, 2013
Duke for Mayor wrote:
<quoted text>
Research how long the exigent circumstances exception to the requirement of a warrant under the 4th Amendment has been the law.
It should take about three minutes.
Or feel free to continue believing, mistakenly, that you're right. Your choice.
woof
I know and the Modern New Left Pseudo Liberals have taken advantage of it and proves they are opportunist.

Since: Oct 10

Location hidden

#6457 Apr 22, 2013
Anonymous of Indy wrote:
<quoted text>Nixon was a pseudo liberal too.
He was basically a crook with credentials.
I give his party props for calling him out and pushing for his resignation.
Neutral Party

Louisville, KY

#6458 Apr 22, 2013
Notice how you haven't heard from fry queen in a while. She doesn't show her big ass when things don't go her way. Obama and gun control were defeated last week and she must have lost her laptop, or gotten too much ketcup on it and the keys are stuck.

She like her idle was upset that the quest for justice with the marathon bombers got in the way of their agenda.

No gun control, period. Obama need to focus on jobs as Pale needs to get her job back at the Warsaw greasy spoon.
Pale Rider

AOL

#6459 Apr 22, 2013
Do you believe in the right to bear arms is an important part of the American tradition, and do you believe in preserving Americans' Second Amendment right to own and use firearms?

Would you believe that the right to own firearms is subject to reasonable regulation? But you know that what works in Columbus may not work in Charleston, SC.

Would you be willing to work to enact and enforce commonsense laws and improvements - like closing the gun show loophole, improving our background check system, and reinstating the assault weapons ban, so that guns do not fall into the hands of criminals.

Acting responsibly and with respect for differing views on this issue.

Well, we haven’t heard anymore about that horse farm, from SL lately, it will soon be the run for the roses, nothing on guns, nothing on horses.

VaDoc

Reality Speaks

The Old Goat from Hillard (He has to change names about every 3 months)

On gun control, Obama said he feels responsible to keep pushing the issue so that mass shootings like the one at Sandy Hook Elementary School don’t happen again.

“I feel personally responsible the same way I hope every parent out there feels responsible for all our kids,” he said.“The key thing for me, is every once in a while we are confronted with an issue that should transcend politics.”

The first of the two-part interview, in which the president covered North Korea, gun control legislation and the fight over the nation’s budget.

Poor TonyD2, we haven't heard anything out of him. While two would be thieves try to break into his shed, he raises a window. If you don't mind, I have a gun. I will give you 30 minute head start, then I plan on calling the cops.

So skedaddle, I don’t want to have to hurt you. After several minutes go by, TonyD2 calls the cops. TonyD2 didn’t want the cops to catch the thieves, so he wouldn’t have to testify in court.

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