Conservative Justices To Rule Against 4th Amendment?

[mrjarrell]

It certainly looks likely that they'll rule that cops can kick in your doors if they smell what they think is pot or have some reason to believe you might destroy evidence. This is a bad way to rule and is likely to ratchet things up to an unacceptable level. There was an incident not too long ago where cops busted into a mans house thinking they smelled pot and in actuality it was a skunk. We have other instances where cops can't smell a thing. Scalia and his drug war crony's on the court are, as has often been the case with them, further degrading our rights, showing that they're just as bad as their liberal counterparts, only in a different way. They love their enforcers and hate the people. Scalia's shown this many times. He needs to go.

Police can kick down doors in drug searches, some justices say - latimes.com

 

[steveh_131]

This is absurd.

You can't prove or disprove a smell. And you can't safely base probable cause on something so completely subjective.

This basically gives any crooked cop a way to kick your door down and search your house for no reason whatsoever.

 

[mrjarrell]

I really wish the forums features to show new and unread posts actually worked.
https://www.indianagunowners.com/fo...s_to_decide_on_entering_without_warrants.html

 

[steveh_131]

If the court rules this way, "aren't we just simply saying they (police) can walk in whenever they smell marijuana without bothering with a warrant," asked Justice Sonia Sotomayor.

Hurts to have to agree with her...but there it is.

Thank you, war on drugs.

 

[trnsplntfrmohio]

lets have an ingo gtg at a house in the hood where lots of drug dealing is done.
Then lets all eat a bunch of beans. See if the smell attracts them enough to bust down the door.

 

[grimor]

If the cop smokes weed, then won't he always smell it? so he can go anywhere....

 

[INGunGuy]

This is absurd.

You can't prove or disprove a smell. And you can't safely base probable cause on something so completely subjective.

This basically gives any crooked cop a way to kick your door down and search your house for no reason whatsoever.

Which basically give you a way to dispatch a crooked cop with a well placed shotgun blast or .40 cal round for breaking and entering your home.

INGunGuy

 

[dross]

If the cop smokes weed, then won't he always smell it? so he can go anywhere....

I think it's irresponsible of you to imply that police officers smoke weed. Also, you implied they smell.

I'm so sick of all this bashing.

 

[ThrottleJockey]

Which basically give you a way to dispatch a crooked cop with a well placed shotgun blast or .40 cal round for breaking and entering your home.

INGunGuy

THIS!

 

[spearheadersarge]

No warrant searches should be the exception, not the rule. Unfortunately, with the war on drugs, it is self justifying. Why not make LE have the goods before issuing the warrant. One unjustified intrusion search that results in the injury or death of the occupants or LE personnel is just not neccesary IMO.

 

[INGunGuy]

I think it's irresponsible of you to imply that police officers smoke weed. Also, you implied they smell.

I'm so sick of all this bashing.

I am not bashing, I am stating FACT, I PERSONALLY know some LEO that smoke weed, and now that this spice stuff has taken hold and there is no drug test they have moved to spice....

INGunGuy

 

[jsharmon7]

Which basically give you a way to dispatch a crooked cop with a well placed shotgun blast or .40 cal round for breaking and entering your home.

INGunGuy

How do you know which ones are crooked or not? If you're going to advocate killing cops you should at least figure out how to decide who is crooked and who isn't.

 

[Beau]

How do you know which ones are crooked or not? If you're going to advocate killing cops you should at least figure out how to decide who is crooked and who isn't.

Easy. They are the ones kicking in your door without a warrant because they "smelled" something that shouldn't be illegal in the first place. I can't picture any police officer that even remotely believes in freedom doing this.

 

[INGunGuy]

How do you know which ones are crooked or not? If you're going to advocate killing cops you should at least figure out how to decide who is crooked and who isn't.

Someone kicks my door in they BETTER be totting a warrant. If not, I am opening fire, uniformed or not. I dont break the law, I dont have people that live in my home that break the law, so the ONLY reason someone is kicking in my door is because THEY are breaking the law, and THEY will be dealt with accordingly.

INGunGuy

 

[INGunGuy]

Easy. They are the ones kicking in your door without a warrant because they "smelled" something that shouldn't be illegal in the first place. I can't picture any police officer that even remotely believes in freedom doing this.

Not disagreeing with you, BUT, it is something that is illegal, and until it isnt, it is ILLEGAL. Now to kick in someone's door because you may have smelled something is total and complete crap. A couple of years ago, if you drove just north of where I live, you could smell what smelled like PREMIUM marijuana, and the odor was EXTREMELY STRONG, strong enough that the SILGAS propane dealer place put a note on their sign by the road that said "The smell is not from us." Well I dont have any idea what the smell was, but it HAD to be a pretty large grow operation drying their crop. Should LEO be able to kick the doors in at EVERY home in the half mile radius where you could smell what smelled like marijuana? Yea thats it, do a dragnet...

INGunGuy

 

[Blue Tile Spook]

I think it's irresponsible of you to imply that police officers smoke weed. Also, you implied they smell.

I'm so sick of all this bashing.

I am not bashing, I am stating FACT, I PERSONALLY know some LEO that smoke weed, and now that this spice stuff has taken hold and there is no drug test they have moved to spice....

INGunGuy

Dross, I swear I ordered that barrel of purple ink for you. I swear I did!

 

[jsharmon7]

Easy. They are the ones kicking in your door without a warrant because they "smelled" something that shouldn't be illegal in the first place. I can't picture any police officer that even remotely believes in freedom doing this.

So the officer would be crooked if he/she decided to do something that was well within the law (depending on the Court's decision) but that you didn't personally agree with?

I don't like this anymore than anyone else, but the Court's job is to interpret the Constitution and decide what the government can and can't do. If they decide that this is okay, then that's what we have to go by. Your personal opinion of their decisions doesn't have any impact on "legal vs. illegal." It's hypocritical to expect the police to abide by the laws you agree with and ignore the ones you don't agree with. If the Court decides that it's legal to do this and some officer does it, hey that's his deal and he's within the law.

Someone kicks my door in they BETTER be totting a warrant. If not, I am opening fire, uniformed or not. I dont break the law, I dont have people that live in my home that break the law, so the ONLY reason someone is kicking in my door is because THEY are breaking the law, and THEY will be dealt with accordingly.

INGunGuy

"They better be toting a warrant." So somebody kicks in your door, are you opening fire or asking to see a warrant? If they don't have a warrant are you THEN opening fire? If they have a piece of paper with them that they claim is a warrant are you going to draw down until you verify that it's a warrant? I'm just trying to understand, because you make it sound so very cut and dry that it will be that simple. You live in the world of candy and unicorns if you think it happens that way.

 

[dross]

So the officer would be crooked if he/she decided to do something that was well within the law (depending on the Court's decision) but that you didn't personally agree with?

How far do you take this point of view? What if, and it isn't that far-fetched, what if you get just a few more Justices who believe that the Constitution is just a set of guidelines that they can change at will with their interpretations? Is there a point where they lose their legitimacy?

 

[jsharmon7]

How far do you take this point of view? What if, and it isn't that far-fetched, what if you get just a few more Justices who believe that the Constitution is just a set of guidelines that they can change at will with their interpretations? Is there a point where they lose their legitimacy?

Good question. Some would argue that the government no longer serves in our best interest either, what do we do? I think we put pressure on our representatives via the power of our vote to do something about it. I don't really have the best answer to your question.

 

[INGunGuy]

I don't like this anymore than anyone else, but the Court's job is to interpret the Constitution and decide what the government can and can't do.

"They better be toting a warrant." So somebody kicks in your door, are you opening fire or asking to see a warrant? If they don't have a warrant are you THEN opening fire? If they have a piece of paper with them that they claim is a warrant are you going to draw down until you verify that it's a warrant? I'm just trying to understand, because you make it sound so very cut and dry that it will be that simple. You live in the world of candy and unicorns if you think it happens that way.

Let me ask this, how hard it this to interpret:

"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

Sounds pretty cut and dry to me, no interpretations necessary.

As I have stated very clearly, my family and I dont break the law, we dont smoke marijuana, we dont do ANYTHING that would warrant a LEO to kick in my door for ANY reason whatsoever. So with that being said, the ONLY reasons a LEO were to kick in my door are as follows:

1. Crooked LEO who doesnt care about the Constitution or the 4th Amendment and it kicking in my door for no reason at all.
2. LEO kicking in my door illegally because they supposedly smelled what they thought was the smell of marijuana <which would be bullspit>.

In both of those scenarios YES, I would open fire. Should I wait to verify that the BG that kicks in my front door who wants to rob, rape and murder my wife or children or I before opening fire? I dont think so.

Now lets go ahead and change the scenario slightly, and one night there is a knock on the door, and someone claiming to be LEO, needs to speak with me, not kicking in the door, but going about it legally, then no, the requirement for me opening fire is gone.

As for living in a world of unicorns and candy, nope, I dont live anywhere like that. Maybe you do, but I live in a world where there are plenty of people out there that want to kill or do harm to my family or I, and I dont have the pleasure of being able to verify who someone is that is breaking into my home thru my front door, back door, window, etc...

INGunGuy