Posts : 170 Join date : 2013-02-27 Age : 67 Location : NC
Subject: Re: Holy crap this happened in the USA July 5th 2013, 7:14 am
You better believe it because it's gonna happen again and again, maybe even to you. Until citizens decide to band together and actually do something there is no deterrent.
Diseasel
Posts : 1494 Join date : 2013-02-28 Location : About Mid AZ
Subject: Re: Holy crap this happened in the USA July 5th 2013, 9:34 am
We could use a new day of independence. Take back the vote, political system, financial system, rights, etc. We could learn a lot from Egypt. Maybe time for a democratic spring.
joemac
Posts : 1916 Join date : 2013-04-17 Location : Texas
Subject: Re: Holy crap this happened in the USA July 5th 2013, 11:09 am
Yep, the continual erosion of civil liberties will continue unfortunately. We're always provided with s some excuse that we must give up more and more of our civil liberties. Vast majority simply comply without hesitation or a single thought, then somehow deem it necessary, right, and of the new standard everyone else should align.
They know the system, they know how to play the game, incrementally they keep getting more and more. Drop a frog into a pot of water, slowly turn up the heat, the frog dies.
Nothing conveys the day of celebration of our country's independence and freedom from a repressive British Monarchy more so than having your Constitutional rights removed from you from officers who swore an oath to protect and defend the Constitution.
Diesel Dan
Posts : 1727 Join date : 2013-02-28 Age : 53 Location : Columbia TN
Subject: Re: Holy crap this happened in the USA July 5th 2013, 12:10 pm
Is what the officers said about your rights at a check point true?
Could complaints/charges be filed against those at the check point?
What about paint damage(personal property) caused by the dog?
joemac
Posts : 1916 Join date : 2013-04-17 Location : Texas
Subject: Re: Holy crap this happened in the USA July 5th 2013, 9:09 pm
You don't automatically lose your Constitutional Rights at a DUI checkpoint. If citizens allow their rights to be trampled and don't demand their right to be upheld it seems a growing number of oath sworn officers will not uphold your rights. It's now apparent that we individual citizens are the only line left in demanding our rights be observed.
Complaints can be filed, but unlikely any local district attorney will file criminal charges. Best chance would be in federal court and or civil court. Issue is is where the citizen gets the funds to pay for the attorney fees. If the citizen doesn't have $150k laying around to toss at attorneys fees, nine times out of ten incidents of such go unchallenged.
Damages would likely have to come from civil court if awarded at all. Isn't it great your tax dollars in effect get to ignore your Constitutional rights while tearing up your property, double bonus. The joke is on us.
Item of related note, when entering a TSA security checkpoint a person is actually consented to being under arrest to TSA screening policies, not law, to gain access to board an airplane. Thus from law I've read and the process of which its executed you do lose your Constitutional rights once you enter the security line even though it's not outright declared.
Ulmus Admin
Posts : 130 Join date : 2013-02-27 Age : 55 Location : Florida
Subject: Re: Holy crap this happened in the USA July 10th 2013, 12:12 am
That was insane! I guess the cop never hear of the 3rd Amendment.
____________________________________ Why not?
joemac
Posts : 1916 Join date : 2013-04-17 Location : Texas
Subject: Re: Holy crap this happened in the USA July 10th 2013, 10:59 am
The Third Amendment (Amendment III) to the United States Constitution is a part of the United States Bill of Rights. It was introduced on September 5, 1789, and then three quarters of the states ratified this as well as 9 other amendments on December 15, 1791. It prohibits, in peacetime or wartime, the quartering of soldiers in private homes without the owner's consent.
and
The Fourth Amendment (Amendment IV) to the United States Constitution is the part of the Bill of Rights which guards against unreasonable searches and seizures, along with requiring any warrant to be judicially sanctioned and supported by probable cause. It was adopted as a response to the abuse of the writ of assistance, which is a type of general search warrant, in the American Revolution. Search and seizure (including arrest) should be limited in scope according to specific information supplied to the issuing court, usually by a law enforcement officer, who has sworn by it. The Fourth Amendment applies to the states by way of the Due Process Clause of the Fourteenth Amendment.
It will be interesting to see where this case goes. Definition of soldier in the third amendment might swing a decision. Without a doubt the municipality should have a difficult time defending violations alleged under the forth amendment.
Ulmus Admin
Posts : 130 Join date : 2013-02-27 Age : 55 Location : Florida
Subject: Re: Holy crap this happened in the USA July 11th 2013, 8:19 pm
The home owner's lawyer was smart enough to throw in other charges for the suit, but I think he could've added kidnapping as well. (They were taken by force and held for 9 hours.)