Wanna see how easy it is to give have your rights violated? 4th Amend.

[bryand71]

By the way from what I understand in Michigan that Conservation Officers have they highest police powers of any law enforcment units.  They have all the powers of the state police plus the powers of game and enviromental laws and regulations.

I don't think one agency should have that much power to exert on the general public. Just my .02

[fightingquaker13]

And this boys and girls is why we need at least one more liberal or  a conservative with a libertarian streak on the Court. In a very recent case (this term) Alito wrote a majority opinion severley restricting the exclusionary rule (which dissallows illegally obtained evidence). Incredibly the tool wrote that law enforcement had developed procedures and safe guards respecting warrants over the years. Gee, I wonder why? Could it be that DA's insisted on these procedures and training so evidence wouldn't be  lost? Cops will only respect the law if they're forced to. The idea that the police will prosecute one of their own over this is a joke. Anybody care to lay odds on that inspector getting cited for tresspass? In the old days, as in two months ago, she could have foud Jimmy Hoffa's body and 50 pounds of crack, much less a code violation and it wouldn't have seen the light of day. This would have gotten her fired or at least reprimanded because an easy catch would be thrown out as she was too lazy to get a court order (something very easy to do). Now she knows she doesn't have to bother, as there is no consequence unless the guy can pony up the money for a lawyer and it didn't look like had all that much money. This why when conservatives complain about crooks getting off on a technicality, I always say "Wait till it happens to you".
FQ13

[twyacht]

I am going to sum it up IMHO, There should be NO LOOPHOLES in Constitutional Amendments.

You want to search my property, get "something" official that says you can, and give me a copy. This guy may have been doing something wrong, but he didn't have a meth lab or underage prostitutes, or a crop of pot spotted from the air. All those examples would have a warrant issued, why not this one?

The slippery slope that allows "exemptions" in Amendments is to the detriment of us all.

That's all. Probable cause, stench, no posted permit, whatever the case may be, give me something to give to my lawyer, signed, stamped, notarized, etc,....

It would have diffused this entire situation.

[MikeBjerum]

I am going to sum it up IMHO, There should be NO LOOPHOLES in Constitutional Amendments.

You want to search my property, get "something" official that says you can, and give me a copy. This guy may have been doing something wrong, but he didn't have a meth lab or underage prostitutes, or a crop of pot spotted from the air. All those examples would have a warrant issued, why not this one?

The slippery slope that allows "exemptions" in Amendments is to the detriment of us all.

That's all. Probable cause, stench, no posted permit, whatever the case may be, give me something to give to my lawyer, signed, stamped, notarized, etc,....

It would have diffused this entire situation.

+100

[tombogan03884]

And this boys and girls is why we need at least one more liberal or  a conservative with a libertarian streak on the Court. In a very recent case (this term) Alito wrote a majority opinion severley restricting the exclusionary rule (which dissallows illegally obtained evidence). Incredibly the tool wrote that law enforcement had developed procedures and safe guards respecting warrants over the years. Gee, I wonder why? Could it be that DA's insisted on these procedures and training so evidence wouldn't be  lost? Cops will only respect the law if they're forced to. The idea that the police will prosecute one of their own over this is a joke. Anybody care to lay odds on that inspector getting cited for tresspass? In the old days, as in two months ago, she could have foud Jimmy Hoffa's body and 50 pounds of crack, much less a code violation and it wouldn't have seen the light of day. This would have gotten her fired or at least reprimanded because an easy catch would be thrown out as she was too lazy to get a court order (something very easy to do). Now she knows she doesn't have to bother, as there is no consequence unless the guy can pony up the money for a lawyer and it didn't look like had all that much money. This why when conservatives complain about crooks getting off on a technicality, I always say "Wait till it happens to you".
FQ13

It was the damned "liberals" that brought us to this point.  Socialists who are destroying our country need to be removed.

[Sponsor]

[bryand71]

It was the damned "liberals" that brought us to this point.  Socialists who are destroying our country need to be removed.

Amen to that!

[cooptire]

It was the damned "liberals" that brought us to this point.  Socialists who are destroying our country need to be removed.

Why is it that some of the staunchest defenders of the constitution are liberals like the ACLU, until it comes to the 2A and then all of a sudden they have never heard if the Bill Of Rights,

[fightingquaker13]

Why is it that some of the staunchest defenders of the constitution are liberals like the ACLU, until it comes to the 2A and then all of a sudden they have never heard if the Bill Of Rights,

For the same reason the religious right is very good (and quite correctly so) at defending the free excersize of religion, and yet is the first in line to censor what they consider pornography. Folks don't seem to undersand two basic home truths:

The first is that you don't get to choose which of the first ten ammendments you defend. You either protect all of them or you protect none of them, because if we get to pick and choose, sooner rather than later, the government will do the choosing for you.

Secondly, its because its a difficult concept for most people to understand that the price of living in a free society is tolerating people whose lifestyle offends you. Some people don't like homosexuality, some people don't like guns. If we want to be free, we must realize that we are NOT our brother's, much less our neighbor's, keeper, and learn to live and let live. This seems simple, yet its not, because the urge to control other's behavior seems to be hardwired into us. You can't truly be free until you recognize that impulse and reject it. Most folks don't. Hopefully they will, and we will see a majority Libertarian country.
FQ13 who is holding his breath (honest)

[Sgt Z Squad]

you missed mine.  If a cop pull you over and you smell of pot does the officer need a warrent to search your car? 

its the same thing here, she saw the piles of dirt from the street and I'm sure she smelled it. There were also reports from people close by telling exactly what he was doing.

if you work in the trades for any length of time, you will be able to spot work being done a mile away. 

Motor vehicles have an exception that was just tightened under the recent Supreme Court Ruling - Gant vs. Arizona. Motor vehicles have a lower threshhold because of their mobility.

A leach field in a yard is another story. You said they had the court order to inspect, I will take your word on it, but if not, I would have told the young lady to get the court order, it would not have taken long and should have been done the day before when he would not let her on during her first visit. Sometimes people are lazy and think the police can get people to do things because they are there.

There are seven recognized exceptions to warrant requirements:

1.) exigent circumstances which includes:
    a.) imminent danger or destruction of material evidence
    b.) escape of the criminal suspect
    c.) immediate changes or injury to the officer or public
2.) search incident to an arrest,
3.) impounded/ inventory searches of vehicles,
4.) plain view,
5.) caretaker function,
6.) motor vehicle exception,
7.) consent

One other observation, the guy had piping commonly used in leach fields at the curb with his garbage, which does not give him the right to privacy and can be seized. Police do garbage pulls all the time in drug investigations.

Hope this adds to the discussion.

[PegLeg45]

For the same reason the religious right is very good (and quite correctly so) at defending the free excersize of religion, and yet is the first in line to censor what they consider pornography. Folks don't seem to undersand two basic home truths:

The first is that you don't get to choose which of the first ten ammendments you defend. You either protect all of them or you protect none of them, because if we get to pick and choose, sooner rather than later, the government will do the choosing for you.

Secondly, its because its a difficult concept for most people to understand that the price of living in a free society is tolerating people whose lifestyle offends you. Some people don't like homosexuality, some people don't like guns. If we want to be free, we must realize that we are NOT our brother's, much less our neighbor's, keeper, and learn to live and let live. This seems simple, yet its not, because the urge to control other's behavior seems to be hardwired into us. You can't truly be free until you recognize that impulse and reject it. Most folks don't. Hopefully they will, and we will see a majority Libertarian country.
FQ13 who is holding his breath (honest)

Got to give a +1 on that one.




And, quit holding your breath....you're turning blue.