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RIP: 4th Amendment 1791 - 2004
Posted by AquaVelvet on Mar 29, 2004 at 12:21 PM

Comments

carpanza's Avatar .
carpanza spoke on Mar 29, 2004 at 01:06 PM
I bet you dimes to dollars the first time this gets challenged it will be ruled unconstitutional Who knows with the current erosion of privacy rights, it might be ten years before a judge has the balls to take it on.

Remember if you are innocent -- you have nothing to fear. Everybody sing together now.... 'Deutschland Deutschland uber alles...'
Reverend Jynxed's Avatar .
Reverend Jynxed spoke on Mar 29, 2004 at 01:38 PM
Funny how any "good reason" is as simple as they have a "sneekin' suspishun". Feh, cops aren't trustworthy and their word or promises means nothing.

I'm dealing with the local PD now regarding a cop giving a false statement leading to an illegal seizure of property.

Already shot off a letter to the Chief of police for Renton as well as the attorney general of Washington. Hate cops. I wanted to be one so I could be a good one. Tired of people getting the shaft for no good reason.
Reverend Jynxed's Avatar .
Reverend Jynxed spoke on Mar 29, 2004 at 01:40 PM
"Remember if you are innocent -- you have nothing to fear."

I know this to be completely false. I had some property seized without warrant or cause because my wife was lied to by an officer.

The cop in question is still avoiding me. He's too much of a pussy to face me and deal with me face to face.
MajicWalrus's Avatar .
MajicWalrus spoke on Mar 29, 2004 at 02:47 PM
What is that? I hate the patriot act... Pfft, makes me mad. I cannot believe that the constitution could allow for people to fuck with it so easily.
Hollowpoint's Avatar .
Hollowpoint spoke on Mar 29, 2004 at 03:08 PM
With most of the other amendments in the Bill of Rights having been "reinterpreted" by activist-left judges to the point of being rendered irrelevant, why should the 4th be any different?

While in this specific case, the felon (stupidly) did grant consent after the firearms were found, I do believe this ruling goes too far- the whole "fear for their safety" standard is far too loose.

What's not clear in the article is how they got into his home in the first place; presumably it was without consent. If a resident of the home let the cops in and then they searched, that would be a different story.

Bottom line: If the cops ask if it's OK to search your home / car / bag / pockets... ALWAYS, ALWAYS, ALWAYS SAY "NO"... even if you think you have nothing to hide.
holyjuan's Avatar .
holyjuan spoke on Mar 29, 2004 at 03:43 PM
You've got to elaborate on this story.

1. Property was taken - what was it?
2. Told a lie- What did the cop say?
3. Avoiding cause he's a pussy- You think you are going to go one on one with this guy? What about the court system?

Now, get ready for this, this isn't a Troll. I'm very much interested. Currently this story sounds very one sided (obviously), but I'd like to hear the rest. You can't say that you are 100% in the rigtht and he was 100% in the wrong cause otherwise you take his ass to court.
Reverend Jynxed's Avatar .
Reverend Jynxed spoke on Mar 29, 2004 at 04:22 PM
He claimed a 12 guage shotgun (bolt action) , a 410, a set of swords, an air rifle, a pocket knife, and a box of ammo (it was actually empty casings.)

The cop said he was only taking it for "safekeeping" that we could go and get it at any time. (Turns out they are trying to keep my stuff for 60 days, and I have to get it only at certain times when THEY choose, basically by appointment only. My wife handed the stuff over based on his telling her we could pick the stuff up at any time. Otherwise we would have kept the stuff at a relative's home.)

As for the court system. This isn't even evidence. There was no case number. So now we are supposed to work with a detective that doesn't know what is going on and who is also telling us we'll have to wait 60 days.

I sent a letter to the attourney general as well as the chief fo police.

The rest of the details you do not need to no so I won't expound. All that matters is the fucker lied and as such, it was an illegal seizure. I would even push towards a felony trickery because he used his badge(authority) to take property that didn't belong to him.

I am 100% inthe right which is why I sent the info to the state to deal with it. I also told the chief of police that I would hate to have to sue them because I would be forced to sue them to cover court costs as well. Basically, return my property or we'll be in court and I'll have the cop's ass prosecuted for theft and his abuse of authority.
Reverend Jynxed's Avatar .
Reverend Jynxed spoke on Mar 29, 2004 at 04:23 PM
To put it simply, I'm beingn ice and giving them a chance to give my crap back. If they refuse they will be sued and they will lose.
Hollowpoint's Avatar .
Hollowpoint spoke on Mar 29, 2004 at 04:39 PM
OK- so he said you can pick it up any time but now they want to keep it for 60 days. This hardly makes it an illegal seizure because you (or your wife) voluntarily handed the stuff over; in effect you waived your 4th Amendment rights- consider yourself lucky if you get it back at all. I'm not saying you're being treated fairly, but what did you expect?

Never, ever waive your rights. Voluntarily handing over your firearms and other stuff was a dumb thing to do.

The unanswered question is... what led them to ask for your guns? Why were the cops there in the first place?
's Avatar .
Anonymous Coward spoke on Mar 29, 2004 at 04:46 PM
Whoah whoah whoah...you think it's the 'left' who is taking away your amendment rights? Okay buddy, look who's in office, what is he doing to prevent this?
Hollowpoint's Avatar .
Hollowpoint spoke on Mar 29, 2004 at 04:57 PM
Last I heard, the President and the executive branch of the federal government don't have the ability to overturn rulings of the federal courts.

Bush has stated- and has followed through- that he would appoint contstructionist (interpreting the law as written, and how the founding fathers intended) judges to the courts. The political left tends to appoint judges who "legislate from the bench" and interpret the law not as written, but according to their own personal politics. The has lead to the federal government being far larger and more powerful than is actually allowed in the Constitution... at the expense of people's rights.
Killforfunandforfree's Avatar .
Killforfunandforfree spoke on Mar 29, 2004 at 05:23 PM
Right, Left or indifferent, no-one has the right to invade your privacy. Period! I shit you not... I would rather die than have someone invade my castle. Who in the fuck do they think they are? That's like me going up to their home and telling them I'm going to search it because I think that they are scum for wearing a badge or any other reason that I just happen to dream up. What gives me the right to do that and realistically, i have as much claim to do that as they do. Last time I checked, they weren't God. They were born just like you and I. As were the judges and anyone else that might try to agrue the necessity of this crap.

I don't break the law anymore. Alot of people have never broken the law. This gives them a green light to basically do whatever they want to and the police promise not to abuse it. Bullshit. Look at the Rampart L.A.P.D. scandal. I really hope Ricky posts that story I just did. I'm not into having my rights violated andgoing through the humiliation of having some badge wearing pork fuck rifle through my shit, only to have him find that I've done nothing wrong and then having some judge (which it wouldn't even reach this point because I am clean) tell me that it was unconstitutional. Oh this makes me angry! Come into my house, you'd better put me down cause it ain't going to happen. That;s why it's called "your house".

How in the hell did we wind up in a society where we don't even call things by their names anymore? I remember when "My Home" meant just that. It was "MY HOME"!!!! Not some fucking prick's home that happens to wear a black robe, or some donut munching motherf*cker with a badge.

This moment I am seriously saddened when I think of the state of affairs that we as human beings live in, where we all have to be so far up each other's ass that one can scarcely enjoy life. I want to see every single human being happy and thrive, but it is our duty as Americans not to put up with this shit. FUCK!!!!!!!! Motherfucker, I don't even know what to say. Fucking Sad!!!!!!!!
Killforfunandforfree's Avatar .
Killforfunandforfree spoke on Mar 29, 2004 at 05:38 PM
One more thing people...
Don't think that they (The politicians and court officials) are going to stop there. They always have to keep the law "contemporary". That's the lie they sell the general public every time they strip another right away. If you think I'm kidding or making up some conspiracy theory, take a look at how many fucking amendments have been made to the constitution. Take a look at how many times laws have been written into effect that violate the constitution outright.

I promise, and I am not making this up, I am telling you in no uncertain terms, that the government will not stop until they have all of your rights in a bag hanging from their belt. Mark my words. I could get into an entire debate about the end goal of government but I'll just sum it up for you.

A. Government is business period.
B. There will always be lazy people in the world that have wealth.
C.The government cannot profit without subjects.
D. People in a position of power that lack moral fiber will abuse this privilege every time.
and
E. The government will only dole out the bare minimum of whatever it is necessary to generally appease the majority, thereby, securing their rule.

Those are the fact folks and you may apply them to any government since the beginning of time.

Final thought: If government really was beneficial to the people, and people really did want to be governed, why is it necessary for the government to exert it's power through force?
Something just isn't making sense about that one.
Reverend Jynxed's Avatar .
Reverend Jynxed spoke on Mar 29, 2004 at 05:52 PM
This hardly makes it an illegal seizure because you (or your wife) voluntarily handed the stuff over; in effect you waived your 4th Amendment rights- consider yourself lucky if you get it back at all.

She was lied to in order to have her hand it over.

I didn't waive shit. It is my property. They took it from her. I said specifically I didn't want them taking my stuff. As soon as I was gone they got it from her.

As for the rest of your questions, it doesn't matter. Personal business. She fucked up by handing the stuff over (it's not a crime to be naive) and I'm pretty pissed off about it. She's apologized and said she would never have given it to them had they told her the truth but that hardly changes things. They took advantage of her not knowing any better knowing full well I said not to touch my stuff.

No crime was commited, no laws were broken. Hence, they had no business asking for or taking anything in the first place.
holyjuan's Avatar .
holyjuan spoke on Mar 29, 2004 at 09:20 PM
I bet the weapons were packed in the BMW as Rev. was planning to drive to Columbus, Ohio to take care of a "nagging problem."
Reverend Jynxed's Avatar .
Reverend Jynxed spoke on Mar 30, 2004 at 11:29 AM
If that was the case I wouldn't have lost any of my property.

If that were true I wouldn't have to deal with the pest anymore.

Nothing takes care of cockroaches like a 12 guage slug.
holyjuan's Avatar .
holyjuan spoke on Mar 30, 2004 at 09:55 PM
Don't jump on me because your wife called the cops on you for beating her and then you had to suffer the consequences when they hauled you off to jail and she was left to fend for herself.

Have you stopped beating your wife?

When will this be on COPS?
holyjuan's Avatar .
holyjuan spoke on Mar 31, 2004 at 05:24 AM
You would be an awesome, unbiased, unhate filled, non-pain pill taking cop.

I'm sure you didn't do anything to provoke the cops coming to your apartment in the first place.

Oh yeah, and guess what.. a letter ain't gonna do shit. You've got to get a lawyer.
Reverend Jynxed's Avatar .
Reverend Jynxed spoke on Mar 31, 2004 at 12:03 PM
How did this jump from a nagging problem in Ohio to wife beating? You must be bi-polar. That would explain a lot.
holyjuan's Avatar .
holyjuan spoke on Mar 31, 2004 at 05:56 PM
I gave you the perfect lighthearted opportunity to follow up my self depreciating comment with some wit of your own.

Instead you say that you want to really shoot me.

Nice job asshole. Perhaps I should label my olive branches a little bit better.
Reverend Jynxed's Avatar .
Reverend Jynxed spoke on Mar 31, 2004 at 06:11 PM
Instead you say that you want to really shoot me.

Where the fuck do you get this? I asked a question about your topic jumping like a little manic puppy and you ask something like this?

You mentioned a "nagging problem" which I could only imagine was a reference to you. I mentioned dealing with roaches. I also mentioned that IF your assumptions or trolls were in any way accurate things would be a lot different than as they stand now.

If I was going to make any threats I'd make them. If I really wanted to shoot you, you'd be dead.

It seems like you left trolling and entered confusion and delusion on your part which is why I'm even bothering to reply and ask WTF you're talking about now.

Maybe you should start taking your meds and slow the fuck down so you know what the fuck you are typing and doing to piss people off. Perhaps then you would get a clue when they respond in a way you don't like and take it exactly how it is posted.

I don't see how anyone could twist that so badly and the ego trip they are on to think they are worth the effort of going out and hunting down to kill.

I really hope you ARE trolling. Otherwise you have some serious issues you should seek help for.

P.S. The Chief of Police basically told me his staff is incompenent and tough shit. So I suffer because they don't traint heir cops properly. Interesting. He also failed to address the points regarding coersion and threats to get my wife to let them into the house to remove my property.

The attorney general doesn't care a witches tit about how the police force works so I'm thinking the next step is a private attorney as well as a letter to the FBI so they can start a departmental investigation regarding the proper handling of people and training.
holyjuan's Avatar .
holyjuan spoke on Mar 31, 2004 at 09:08 PM
Dance.
holyjuan's Avatar .
holyjuan spoke on Apr 01, 2004 at 11:15 PM
Anyone else here curious as to why the cops would show up at Rev's doorstep and have the legal right to take away his guns?

Obviously you are hiding something.

But I'm sure this is all in God's plan.
MajicWalrus's Avatar .
MajicWalrus spoke on Apr 01, 2004 at 11:47 PM
Yeah... I mean did he expect us to agree with him?

Obviously there was a reason there was a cop at his door and obviously there was a reason that he asked for his weapons. And we're not talking like "weapons in question" here like it was about a specific crime.

It's more like the neighrbor's called him in for being creepy and shooting at people when they walk by.
IndigoShaper's Avatar .
IndigoShaper spoke on Apr 02, 2004 at 02:21 AM
As I understand it, it had something to do with an oven, and his wife being shot.
holyjuan's Avatar .
holyjuan spoke on Apr 02, 2004 at 05:55 AM
Holy Fishsticks!

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