EOSM Part III

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Gunslinger: That's the long and shortycicle of it... :)

Specter: :)

Jeff: The cases i've cited and laws applicable to vehicles and motorists [ ie.. cars and pick -ups] have little in common with a dwelling where people reside. There are major diffrences in the way the each are looked at, where search and siezure laws are concerned. I cited some of these cases so that others might avail and inform themselfs [if one desires] on what the current [as possible] laws are. Some were on the federal level, others are germain to Iowa only.

If there are unjust laws and practices that you asa rightoues citizen have problems with, adress these through our legal system and your legislators.
 
.....but I knew there was a high chance that some bogus charge would then be levelled against me.
In deed, most officers have nothing better to do with their time than framing innocents. We love nothing more than spending our day off sitting in courtroom. We love blowing the bonuses we receive for making extra arrest.....more than our quota. We get bored chasing the real criminals, which of course are in short supply so we can seek out innocent, law abiding people to arrest on bogus charges. Life for an LEO is just so darn simple playing it by the book that we have to manufacture charges in order to stay busy.

The person that was stopped and arrested for DWI two hours before you got to the DWI check point may have been the driver you would have met traveling over 100 mph in your lane later. But, of course, that would have inconvenienced you.

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Gunslinger

I was promised a Shortycicle and I want a Shortycicle!
 
The person that was stopped and arrested for DWI two hours before you got to the DWI check point may have been the driver you would have met traveling over 100 mph in your lane later. But, of course, that would have inconvenienced you.

This is the classic "your other choice is anarchy" argument.
 
OK, now I'm really beginning to feel bad cause I've caused this whole mess :(... but since I did I'm gonna throw my .02 worth in then bow out.

hom :),
First off, why does any law need to be sited in this case? A wonderful thing called the 4th Amendment covers it all ... and we're all familiar with it ... or at least we will be after this thread. You even said yourself: <BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Blacknight: after futher research i have come up with these facts.
#1. A roadblock is a siezure of a person.[/quote]We did nothing wrong - therefore this was illegal seizure. The police officers here had no probable cause to stop us or ask for our ID. AND just because they do it to every car that came along only means that they violated several people's rights, not just ours. Violating the 4th Amendment rights of all the passagners at that stop instead of just a select few does not make it any less unConstitutional. <BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>To bad it's not simple, then everyone would understand the law and all of its loopholes and this discussion were having would not be nessacary. The law is intricate & is interpreted by legal scholars & judges & citizens by interelating facts from cases that lead to findings of law. Are you a attorney Coinneach? [/quote]The Constitution says what it means very plainly. Any law that violates the Constitution is illegal and never should have become law - no interpretation necessary. One of the biggest problems we have in the U.S. is that we think we need an attorney to explain everything to us. You don't have to be a attorney to understand the Constitution - that's what makes it great.

hom, you're seeing this from an LEO point of view and not that of an ordinary citizen. You see the roadblocks as a possible deterant to crime. WE see them as a violation of our rights and a waste of time and money. Very little, at least in this state, has ever been found in one of those stops. The last roadblock here in Indiana - just before the State Supreme Court ruled they were unConstitutional - got 6 people ... 4 on unrelated outstanding warrents (none felonies) 1 on a DUI and 1 on drug charges. Drugs found? A couple of joints. I have never agreed with roadblocks and I certainly would never demand the LEOs conduct them to stop any problem.

Coinneach ... Slow, deep breaths, my libertarian friend. Drink another Shiner and lower that blood pressure. ;)
 
C'mon, Bill. That was specious. I fear individual malefeasance much, much, much less than the "protection" of well-armed and overbearing elitists. I think well of the individual LEO I encounter, unless they convince me otherwise. I have also seen many LEO who had an attitude- the type of people that would have been bullies, regardless of what their occupation was. My dislike of them had nothing to do with their jobs, but was because they were bad people.

I believe the type of officer who thinks that wholesale halting of non-offending citizenry is "in the public interest" is, by definition, a bully.

I don't like bullies. Not one little bit. Institutionalized predation is no better because it has an instruction manual.
 
No thats not quite right, I'm a citizen 24/7 who happens to work as a peace officer.

My aim was to possibly inform or enlighteen some; with the misconceptions that are spread around here and other sites on the net concerning laws applicable to search and siezure. Some out there might not have the grasp you all seem to have on the consitution and laws concerning search and siezure. i find it somewhat stange that there are scholars who study these documents for years to gain insight and grasp there meaning and interpet them for case law decisions today. Yet they are so simple to others here.

Live and learn. There are no small parts in life.. only small actors.
 
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