http://www.dwailaw.com/article/california_no_warrants_dui.asp
http://www.dui.com/dui-library/california/laws/police-tips
It isn't just the Justice Department or the President who is blatantly violating the Constitution. But let the entire State of California and the courts be made of an example of for my stance.
Regardkng legal search and seizure, specifically the 4th Amendment to the Constitution, reasonable suspicion is a far cry from probable cause. This is very important. A principle upon which this nation was founded upon. It is there so government (or police) can't just arrest someone on a whim. But that could be happening in California - to the extent that the police can enter a person's home without a search warrant, based on a tip. This is the most spineless excuse of a court ruling I have ever heard of.
A person's X wife or someone that doesn't like someone can see someone's car at a bar, or worse, stake them out as they leave, which will happen, and then call the police when the driver leaves. And the law allows the police to enter a persons home without a search warrant based on a tip? Or a neighbor that doesn't like someone can call the police and the police can enter someone's home? What kind of a court system do we have in America when they erode the Constitution and the 4th Amendment?
If the police were truthful half the time, maybe I could go along with it. Nah.
This is much more serious than that. This is the Constitution we are speaking of.
A person can enter their home, have a beer or two and the cops can come and arrest them on DUI charges? And the courts wrote this into law? Something is wrong with this country.
In my state, they arrest people and convict them with breathalyzers in the .04 range. This is a state that posts .08 limit signs. Where does this all end? To defend yourself, and stand up for the truth or Constitutional Rights, well I can tell you first hand that lawyer bills amount to $12,000. And the principle of the matter doesn't hold up in court.
But what about California? A 6-1 ruling by the Supreme Court has allowed police to enter one's home based on a tip from someone that someone was driving drunk? A tip...
I draw the line at the 4th Amendment to the Constitution. A cop's or a citizen's reasonable suspicion does not cut the mustard in terms of the 4th. It doesn't come close to probable cause. Especially not when they will arrest people for under .08. This has gone way too far in terms of violating the Constitution.
And to the 6 Supreme Court Justices in California - you are all enemies to the Constitution.
As anybody else that violates citizens Constitutional Rights.
Now we enter into night time "Click it or ticket" campaigns which is just another reason to allow for search and seizure. But the issue of a tip leading to someone calling the cops and the person has his rights violated has gone too far. Others will use this as a harassment device. And then the cops will take down a person with lawyer bills and all that comes.
Will this keep people off the street? That goes out the window when they enter into a person's home without a search warrant.
I do not condone drinking and driving. And I certainly do not condone an Unconstitutional Court system.
We are being attacked from top down, into every piss ant city across America. And when you stand up for your rights, you cannot win in a rigged game.
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Well, if the views expressed in 'The Politically Incorrect Guide to the Constitution' are accurate, this abuse of the Constitution by the courts has been happening since just after it was ratified. No reason for them to stop now :-(
More grief from out of the astounding reach of the elitest web.
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Freedom is an inside job
I have been talking about this incessant nibbling away of our core liberty securing rights - - on many threads here - unfortunatley it usually takes an experience with fascism/authoritarianism first hand before people wake up. Thanks for posting this information.