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Last post 11 years ago by strikeanywhere. 243 replies replies.
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What martial law in America looks like
engletl Offline
#151 Posted:
Joined: 12-26-2000
Posts: 26,493
HockeyDad wrote:
Only in Mississippi.

I hate to inform you but that rule is for Alabama and Arkansas only... d'oh!
SMGBobbyScott Offline
#152 Posted:
Joined: 07-24-2012
Posts: 3,328
strikeanywhere wrote:
I'm not saying I disagree with this statement, but what is your source or precedent to make this claim?

In District of Columbia v. Heller, 554 U.S. 570 (2008), the Supreme Court ruled that the Second Amendment "codified a pre-existing right" and that it "protects an individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home" but also stated that "the right is not unlimited. It is not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose". They also clarified that many longstanding prohibitions and restrictions on firearms possession listed by the Court are consistent with the Second Amendment.


I had forgot about that case...the oppressive DC laws gave the conservative court an opportunity to "codify" the previously unwritten right that had been largely enjoyed by many citizens. However, it is still largely left up to the states to delineate the right.

Thanks for the reminder...
jpotts Offline
#153 Posted:
Joined: 06-14-2006
Posts: 28,811
teedubbya wrote:
Potts the drug user need not be helping the bomber the drugs simply need to be in plain sight during the search.

You are welcome.


I would like to see that tried in court.

Secondly, in a manhunt that extensive and exhaustive, they probably wouldn't even arrest the guy who had the coke, because they'd have other pressing issues to attend to - like catching the bomber.
teedubbya Offline
#154 Posted:
Joined: 08-14-2003
Posts: 95,637
Happens all the time. Its just a fact, basic law. Case law is there if you really want to see it. If it is anywhere a man could have hidden you would be at risk.

Whether the will or not is another issue but anything in plain view is fair game. Not really up for debate even if you once set up a laptop for an attorney.

If while looking through the house a meth lab or grow room was seen in the basement the home owner didn't receive immunity and you can bet their life just got more interesting. Basic law whether you agree or not.
teedubbya Offline
#155 Posted:
Joined: 08-14-2003
Posts: 95,637
Ie if the search itself is legal, anything in plain view (where the cops would look for a human in this case) is fair game for evidence even if unrelated to the reason for the search.

I suspect most searches were as voluntary as can be at gunpoint or blessed as exigent circumstances. If the search is legal the brick of coke on the coffee table sends you to jail if they choose to do so.

Easy peasy.
teedubbya Offline
#156 Posted:
Joined: 08-14-2003
Posts: 95,637
If the searches were not legal that's another issue.
teedubbya Offline
#157 Posted:
Joined: 08-14-2003
Posts: 95,637
I've seen enough video of people being forced to leave their homes at gunpoint, searched and treated as criminals to find the whole thing bothersome. It is interesting to me to see certain folks ok with the whole thing.

I'd like someone to test the whole exigent circumstances peice in this instance. It seems like a stretch but I'm likely wrong. The popo has more power than we know and we have less rights than we think.

Don't look now but there is a boogie man in your neighborhood. Open up.
teedubbya Offline
#158 Posted:
Joined: 08-14-2003
Posts: 95,637
I guess the end justifies the means.
jpotts Offline
#159 Posted:
Joined: 06-14-2006
Posts: 28,811
A couple of things that are getting confused here. First, when you get a search warrant, the authorities have to provide compelling evidence for the judge to sign off. That evidence has to be related to a crime...a specific crime. That crime has to have a perpetrator.

Secondly, there is a matter of a home being a place where there is an expectation of privacy. If you are not home, and the place barge in without a search warrant looking for a bombing suspect, any evidence of a crime not related to the person they are tracking down is going to get thrown out of court. Its fruit of the poisoned tree. It is basically along the same lines as a person who is not a law enforcement officer, but working with law enforcement, searching your home for them. They are an agent of law enforcement - the evidence will get tossed.

Secondly, if you are home and the police want to search your house, you can deny them access. They may barge in anyways looking for the bombing suspect. The minute that happens, it is as if you weren't home, and the police executed a search without a warrant.

If they claim it was because they suspected a fugitive was in your house, they then have to somehow have to link you to that crime in order for the evidence they found to be admissable. Again, it'll get thrown out.

The only time you'd get pinched would be if you were home, and allowed the police to search your house by leaving all the evidence in plain sight. Even then, I'd think that it would be hard for the police to make a case based on the evidence, because a judge would most likely throw the evidence out.

It's not to say that the police might not be knocking on your door the next day, or putting you under surviellence. But that's not the same as charging you with a crime.

Even with that, I think a judge would be hard-pressed to sign a search warrant give that the compelling evidence for getting the warrant in the first place came from an observation made during a manhunt. This is Boston we're talking about: one of the most liberal cities in one of the most liberal states in the US.


SMGBobbyScott Offline
#160 Posted:
Joined: 07-24-2012
Posts: 3,328
Unless you have a good attorney, the evidence stays as evidence in most cases would be my bet. Your argument sounds fine but that assumes that "equal protection" and that is a big assumption.
ZRX1200 Offline
#161 Posted:
Joined: 07-08-2007
Posts: 60,673
Zee Germans followed zee law.
tailgater Offline
#162 Posted:
Joined: 06-01-2000
Posts: 26,185
dpnewell wrote:
So, what you're saying is, if next week, some sick deranged piece of trash kills an 8 year old kid, and the police thought that he MAY be hiding in YOUR house, you would have no problem with 2 dozen para-military officers busting into YOUR home without a warrant, sticking guns in YOUR family’s faces, forcing YOUR family into the street at gun point, and then illegally searching YOUR home.

Sad that you wouldn’t have a problem with it. Some of us would, and if that makes us whining paranoid bitches in your mind, so be it.


Actually, what I'm saying is that I'd be MORE pissed if a known terrorist was hiding in my neighborhood and the authorities didn't look hard enough and it resulted in more death simply because the cops felt uncomfortable clearing a house of the occupants.

If this tactic were being abused, or used as the first option to ferret out criminals, then I'd rethink my position. But this was in response to a terrorist attack.

I'm glad the video exists, because it provides context for discussion. This shouldn't be swept under the rug, and the actions of the officers should be studied and learned from. Some might call it a slippery slope, and I wouldn't disagree at all.
But this wasn't search and seizure.
Not one person who was evacuated has been brought up on charges.
This wasn't used as an opportunity to do a sweep of the general population. The goals were to find the terrorist and protect the public.

I understand your point. I just find it odd that there is often more angst aimed at law enforcement than the terrorist.
tailgater Offline
#163 Posted:
Joined: 06-01-2000
Posts: 26,185
8trackdisco wrote:
Wow. Can't disagree more.

If everybody knows that coming onto your property, or into your house uninvited, and will get a shotgun sandwich, that should be the fault of the person crashing down the door.

Sounds like you are turning into a Bloomberg, cowering puss at same time you claim Boston Strong?

Unless I specially have done something so heinously illegal (and not by today's ....there might be a bad guy around, so Uncle Sam's all-black army can do whatever the hell they want standard), stay the pluck off of my property and out of my home.

Lock and load, have the approaches covered, and if it is going bad, I'll dial 911 and continue to defend. When I need help, I'll ask for it.

Get your backbone back Tailgator. You've always struck me as being a self reliant, proud, independent man. Don't let a couple of third world dirtybags turn you, and the descendants of the original American patriots into the next section of pussified Americans ready to trade ther liberty for what the government decides for you is today's version of safety, and what is best for you.

Get up.


I've read your post twice and think you may have some sort of mental capacity issues.
What does your first statement mean?
"If everybody knows that coming onto your property, or into your house uninvited, and will get a shotgun sandwich, that should be the fault of the person crashing down the door."

My comment had nothing to do with having a right to protect your own home.

And your overtly macho response tells me that you're likely compensating for some short coming that we need not get into right now.

tailgater Offline
#164 Posted:
Joined: 06-01-2000
Posts: 26,185
HockeyDad wrote:
Based on the aftermath of the searches, it appears nobody took the fugitive into their home.


Took him in?
You can't possibly be that stupid.

No wonder you're outraged. Your paranoia is using up all the blood in your brain.

TMCTLT Offline
#165 Posted:
Joined: 11-22-2007
Posts: 19,733
tailgater wrote:
Took him in?
You can't possibly be that stupid.

No wonder you're outraged. Your paranoia is using up all the blood in your brain.




Paranoia??? As if what OUR eyes saw didn't happen? Glad your ok with what went down in Boston, I expect in your household it's the wife that protects the home.
SMGBobbyScott Offline
#166 Posted:
Joined: 07-24-2012
Posts: 3,328
Well, the irony is that if law enforcement would use its most valuable tool...its citizens rather than the crazy process that it did, it would be more effective. In the final analysis, a local 911 call lead them to the guy and all that show of force was ultimately wasted and just to make people feel that law enforcement was doing something. Less is more.
HockeyDad Offline
#167 Posted:
Joined: 09-20-2000
Posts: 46,199
tailgater wrote:
Took him in?
You can't possibly be that stupid.

No wonder you're outraged. Your paranoia is using up all the blood in your brain.




So you're saying the owner of that boat hid the terrorist in it? Why was he not charged. Where is your outrage?!

I'm not outraged. This happened in your city. It can never happen to my city or to me.
tailgater Offline
#168 Posted:
Joined: 06-01-2000
Posts: 26,185
HockeyDad wrote:
This happened in your city. It can never happen to my city or to me.


Despite this being one of the most classless things ever posted, I honestly hope and pray that you're right.
tailgater Offline
#169 Posted:
Joined: 06-01-2000
Posts: 26,185
TMCTLT wrote:
Paranoia??? As if what OUR eyes saw didn't happen? Glad your ok with what went down in Boston, I expect in your household it's the wife that protects the home.


I'm sorry that reading comprehension eludes you.
Your outrage is misplaced. You are more angry at me for accepting what went down, then you are at the terrorist actions that took place.
If I'm mistaken, please pardon me, and show me where you posted about the terrorist with equal vitriol.
When someone lurks behind a subject and then only speaks up when their perceived fear of a police state makes it onto youtube, then I can say with near certainty that the person is indeed paranoid.



strikeanywhere Offline
#170 Posted:
Joined: 01-23-2009
Posts: 358
SMGBobbyScott wrote:
Well, the irony is that if law enforcement would use its most valuable tool...its citizens rather than the crazy process that it did, it would be more effective. In the final analysis, a local 911 call lead them to the guy and all that show of force was ultimately wasted and just to make people feel that law enforcement was doing something. Less is more.


EXACTLY

A citizen called 911 when his car was jacked and was smart enough to leave his cell phone in there so it could be traced.

A citizen noticed blood on his boat and alerted police.

Maybe if police hadn't been pointing all their guns at citizens, they would have discovered the suspect.

Something else that many of us are concerned about is that our country operates on precedents. That's fine that some of you are okay with it this time, but what happens the next time the police/FBI feel the need to take this action and you're not okay with it? Please don't take the easy road and say, "That's a big what if.". It happened after 9-11 with "temporary" surveillance measures which then became the Patriot Act.
strikeanywhere Offline
#171 Posted:
Joined: 01-23-2009
Posts: 358
tailgater wrote:

If this tactic were being abused, or used as the first option to ferret out criminals, then I'd rethink my position. But this was in response to a terrorist attack.


But I think this is a central part of our argument. By this point, it's too late.

Governments never willingly limit their power. The citizens must make themselves heard when they feel government is getting too close to the limits of its power. If you make yourself heard after government is well beyond its reach, it's too late.

Also, what separates these guys from any other hardcore criminals like bank robbers or drug lords? How do you define terrorist? What about all these gang bangers in Chicago? They've killed way more than in Boston. We lost more on the streets of Chicago than over in Iraq and Afghanistan last year. Not just gang bangers have died - little children and even babies. Where is your outrage? Should we put Chicago and Detroit on lockdown to round them all up? The streets would be safer, but does that make it legal?
HockeyDad Offline
#172 Posted:
Joined: 09-20-2000
Posts: 46,199
tailgater wrote:
Despite this being one of the most classless things ever posted, I honestly hope and pray that you're right.



Well it can't. The police in my city would never order "shelter in place" and then start searching every property. How the heck do you turn that into "classless" let alone one of the most "most classless things ever posted"?

Testosterone much?
wheelrite Offline
#173 Posted:
Joined: 11-01-2006
Posts: 50,119
HockeyDad wrote:
Well it can't. The police in my city would never order "shelter in place" and then start searching every property. How the heck do you turn that into "classless" let alone one of the most "most classless things ever posted"?

Testosterone much?



I post more classless stuff on here everyday..
teedubbya Offline
#174 Posted:
Joined: 08-14-2003
Posts: 95,637
Potts you are just flat out wrong.
TMCTLT Offline
#175 Posted:
Joined: 11-22-2007
Posts: 19,733
tailgater wrote:
I'm sorry that reading comprehension eludes you.
Your outrage is misplaced. You are more angry at me for accepting what went down, then you are at the terrorist actions that took place.
If I'm mistaken, please pardon me, and show me where you posted about the terrorist with equal vitriol.
When someone lurks behind a subject and then only speaks up when their perceived fear of a police state makes it onto youtube, then I can say with near certainty that the person is indeed paranoid.







Your right I'm more angry at you than the "terrorist" for he's nothing more than a punk with a bomb who has hatred in his heart for Westerners ( Americans ) and our way of life. You on the other hand are willing to GIVE away all our precious rights for a little perceived safety. I don't have to show you **** about my vitriol, it's automatic....of course!!
Lurk behind a subject? And it's not perceived fear of a police state....I see it happening with my own eyes. And anyone who refuses to defend themselves is a **** ( see what I did there...you think I'm paranoid, I think yer a Nancy Boy)
teedubbya Offline
#176 Posted:
Joined: 08-14-2003
Posts: 95,637

Former Rep. Ron Paul said the law enforcement that swarmed around Boston in the days following the marathon bombings was scarier than the actual terrorist attack.

“The Boston bombing provided the opportunity for the government to turn what should have been a police investigation into a military-style occupation of an American city,” he said on the Lew Rockwell website, Politico reported. “This unprecedented move should frighten us as much or more than the attack itself.”

The terror attacks on April 15 in Boston killed three and injured 264.

Mr. Paul, a former libertarian political candidate who served in Congress as a member of the Republican Party, said the door-to-door searches police conducted in Watertown for the bombing suspects were particularly alarming.

They reminded of a “military coup in a far off banana republic,” he said, Politico reported. “Force lockdown of a city. Militarized police riding tanks in the streets. Door-to-door armed searches without warrant. Families thrown out of their homes at gunpoint to be searched without probable cause. Businesses forced to close. Transport shut down.”

Mr. Paul reminded the surviving suspect, 19-year-old Dzhokhar Tsarnaev, was ultimately discovered by a civilian, and not due to police crackdown, Politico reported.

“He was discovered by a private citizen, who then placed a call to the police,” he said. “And he was identified not by government surveillance cameras, but by private citizens who willingly shared their photographs with the police.”



Read more: http://www.washingtontimes.com/news/2013/apr/29/ron-paul-police-manhunt-boston-marathon-bombing-su/#ixzz2RyNTchxb
Follow us: @washtimes on Twitter
teedubbya Offline
#177 Posted:
Joined: 08-14-2003
Posts: 95,637
they removed people from their homes at gun point and frisked them (just in case the bomber was hiding in their pockets)
DrafterX Offline
#178 Posted:
Joined: 10-18-2005
Posts: 98,588
damn bombers... always hiding and stuff..... Mad
ZRX1200 Offline
#179 Posted:
Joined: 07-08-2007
Posts: 60,673
And the sheep will say Dr Paul is crazy for sayingthe this, not seeing the bigger picture themselves.
dubleuhb Offline
#180 Posted:
Joined: 03-20-2011
Posts: 11,350
teedubbya wrote:
they removed people from their homes at gun point and frisked them (just in case the bomber was hiding in their pockets)

This is the part that was so disturbing, everyone was treated as a suspect.
HockeyDad Offline
#181 Posted:
Joined: 09-20-2000
Posts: 46,199
dubleuhb wrote:
This is the part that was so disturbing, everyone was treated as a suspect.


Everyone is an austerity protester/domestic terrorist suspect. Look up so a UAV can take your picture.


dubleuhb Offline
#182 Posted:
Joined: 03-20-2011
Posts: 11,350
HockeyDad wrote:
Everyone is an austerity protester/domestic terrorist suspect. Look up so a UAV can take your picture.



They already have it.
teedubbya Offline
#183 Posted:
Joined: 08-14-2003
Posts: 95,637
dubleuhb wrote:
This is the part that was so disturbing, everyone was treated as a suspect.



I heard tailgator asked to be frisked multiple times, once after cutting his front pockets out.
HockeyDad Offline
#184 Posted:
Joined: 09-20-2000
Posts: 46,199
teedubbya wrote:
I heard tailgator asked to be frisked multiple times, once after cutting his front pockets out.



Leave Tailgater alone. He's still sheltered in place waiting for the "all clear" from the authorites.
teedubbya Offline
#185 Posted:
Joined: 08-14-2003
Posts: 95,637
HockeyDad wrote:
Leave Tailgater alone. He's still sheltered in place waiting for the "all clear" from the authorites.



I heard one of the bombers is still hiding in TGs undies
porschesales225 Offline
#186 Posted:
Joined: 01-23-2006
Posts: 1,637
I would not allow the search if i was asked. I have nothing to hide and they dont need to enter my home.
dpnewell Offline
#187 Posted:
Joined: 03-16-2009
Posts: 7,491
porschesales225 wrote:
I would not allow the search if i was asked. I have nothing to hide and they dont need to enter my home.


And there's the problem, porche. Watch the video. It doesn't look like they asked. Folks forced out of their homes at gun point. Sad that so few Americans seem to have a problem with this.
wheelrite Offline
#188 Posted:
Joined: 11-01-2006
Posts: 50,119
You guys are so Macho !!

Right,,,

20 cops in Swat Gear are at your door and you " Refuse" to let them in,,

Bull Chit,,,

wheel,,
jimbud Offline
#189 Posted:
Joined: 12-18-2009
Posts: 3,998
wheelrite wrote:
You guys are so Macho !!

Right,,,

20 cops in Swat Gear are at your door and you " Refuse" to let them in,,

Bull Chit,,,

wheel,,


I agree. This is exactly the problem. And they can always shoot the dog to promote a conflict (Ruby Ridge).
dpnewell Offline
#190 Posted:
Joined: 03-16-2009
Posts: 7,491
jimbud wrote:
I agree. This is exactly the problem. And they can always shoot the dog to promote a conflict (Ruby Ridge).


Yes, and don't let your wife stand by the front door holding her nursing baby. I heard that's a threating move, and they have the right to shoot to kill.
wheelrite Offline
#191 Posted:
Joined: 11-01-2006
Posts: 50,119
dpnewell wrote:
Yes, and don't let your wife stand by the front door holding her nursing baby. I heard that's a threating move, and they have the right to shoot to kill.


she prolly had real saggy boobs and all,,,
TMCTLT Offline
#192 Posted:
Joined: 11-22-2007
Posts: 19,733
wheelrite wrote:
You guys are so Macho !!

Right,,,

20 cops in Swat Gear are at your door and you " Refuse" to let them in,,

Bull Chit,,,

wheel,,



Bullchit all you want Bill, I ( read my fuggin lips) would NOT have relented so easily beleive me, but then We Hoosiers haven't been stripped not only of our right to bear arms....we're still holding onto our Dignity!!!! Seriously what are they gonna do gun you down while everyone is watching? This IS why it's important that "The People" use video monitoring to keep LE somewhat in check. Me, from now going forward I will try to record ANY event where LE enters my life, rather that be behind the wheel or elsewhere.
teedubbya Offline
#193 Posted:
Joined: 08-14-2003
Posts: 95,637
I would have said no then did what they said with the intentions of testing things in court later. Then I would never follow through out of lazyness and cheapness.
DrafterX Offline
#194 Posted:
Joined: 10-18-2005
Posts: 98,588
lazy cheap basssard..... Not talking Not talking
victor809 Offline
#195 Posted:
Joined: 10-14-2011
Posts: 23,866
Actually... this could turn into some really interesting lawsuits.

Lets say someone like TW is smart enough to say "No"... and then is videotaped being dragged out by the cops...

Well... I'd assume that the chronic neck pain which now makes it impossible for them to work the rest of their life will be paid for by the Boston PD, right?

teedubbya Offline
#196 Posted:
Joined: 08-14-2003
Posts: 95,637
I really would like to see the exigent circumstances part of this tested. If it holds up and it is a legal search than the in plain sight part is pretty simple law (regardless of what potts makes up).
victor809 Offline
#197 Posted:
Joined: 10-14-2011
Posts: 23,866
teedubbya wrote:
I really would like to see the exigent circumstances part of this tested. If it holds up and it is a legal search than the in plain sight part is pretty simple law (regardless of what potts makes up).


Hey now.
Potts had an argument with a Judge about servers once and potts proved the judge doesn't know anything about servers... that demonstrates conclusively that the whole JD degree is a waste of time and they're all stupid. Clearly potts is the end all and be all of legal knowledge.
DrafterX Offline
#198 Posted:
Joined: 10-18-2005
Posts: 98,588
I saw Judge Judy's boobs once.... Mellow
teedubbya Offline
#199 Posted:
Joined: 08-14-2003
Posts: 95,637
DrafterX wrote:
I saw Judge Judy's boobs once.... Mellow


did you server?
DrafterX Offline
#200 Posted:
Joined: 10-18-2005
Posts: 98,588
no... pretty sure she knew I saw them tho.... Mellow
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