more of the 4th Amendment taken away

[SmarterthanYou]

http://www.thenewspaper.com/rlc/docs/2014/nc-caretaking.pdf

For the first time, police in North Carolina are allowed to turn on their lights and siren to pull over any motorist, even when they have done nothing wrong. In a ruling last month, the North Carolina Court of Appeals for the first time in the state created a "community caretaking" exception to the Fourth Amendment.

The three-judge panel reviewed the response of other states to this issue.

"As these courts have demonstrated, there are countless situations where government intrusion into individual privacy for the purposes of rendering aid is reasonable, regardless of whether criminal activity is afoot," Judge Robert C. Hunter wrote for the court. "We find the analysis utilized by these courts persuasive, and we can identify no reason why the community caretaking exception should not apply in North Carolina... Thus, we now formally recognize the community caretaking exception as a means of establishing the reasonableness of a search or seizure under the Fourth Amendment."

The appellate judges balanced the interest in having police officers lend assistance was greater than the right of individuals to be free from government intrusion. An officer need only claim concern to effect a seizure without warrant or cause, even if that concern is merely a pretext to stop and investigate on a hunch.

 

[Jarod]

http://www.thenewspaper.com/rlc/docs/2014/nc-caretaking.pdf

For the first time, police in North Carolina are allowed to turn on their lights and siren to pull over any motorist, even when they have done nothing wrong. In a ruling last month, the North Carolina Court of Appeals for the first time in the state created a "community caretaking" exception to the Fourth Amendment.

The three-judge panel reviewed the response of other states to this issue.

"As these courts have demonstrated, there are countless situations where government intrusion into individual privacy for the purposes of rendering aid is reasonable, regardless of whether criminal activity is afoot," Judge Robert C. Hunter wrote for the court. "We find the analysis utilized by these courts persuasive, and we can identify no reason why the community caretaking exception should not apply in North Carolina... Thus, we now formally recognize the community caretaking exception as a means of establishing the reasonableness of a search or seizure under the Fourth Amendment."

The appellate judges balanced the interest in having police officers lend assistance was greater than the right of individuals to be free from government intrusion. An officer need only claim concern to effect a seizure without warrant or cause, even if that concern is merely a pretext to stop and investigate on a hunch.

That is a seriously awful exception to the 4th, but if you truly care about the 4th, where is your thread praising the New York Mayor DiBlasio for ending the illegal stop and frisk policy his city had been employing?

 

[SmarterthanYou]

That is a seriously awful exception to the 4th, but if you truly care about the 4th, where is your thread praising the New York Mayor DiBlasio for ending the illegal stop and frisk policy his city had been employing?

dude, do you not remember me doing the original post about it and me saying how fucked up it was?

 

[Jarod]

dude, do you not remember me doing the original post about it and me saying how fucked up it was?

No, sorry if you did, I must have missed it.

 

[Jarod]

I give you credit, I thought your type only cared about the 2nd, not so much the 4th.

 

[SmarterthanYou]

I give you credit, I thought your type only cared about the 2nd, not so much the 4th.

not being too critical of you because you're not the only one that seems to ignore my other posts, but i'm just as much an advocate of every amendment as I am of the 2nd.

 

[Jarod]

The ninth?

The one that says the people have more rights than just what's spelled out in the Constitution... like for example the right to privacy? The right that allows access to the medical procedure called Abortion?

 

[SmarterthanYou]

The ninth?

The one that says the people have more rights than just what's spelled out in the Constitution... like for example the right to privacy? The right that allows access to the medical procedure called Abortion?

yes.

 

[Jarod]

yes.

Wow, most strict constructionists like to ignore that one, saying... "if its not in the Constitution is does not exist."

As always has been the case, the more we discuss things the more I like you.

 

[SmarterthanYou]

Wow, most strict constructionists like to ignore that one, saying... "if its not in the Constitution is does not exist."

that's the issue with nearly all strict constructionists. they are wrong. the constitution is not a listing of our rights, it's a limitation on the government. my motto is 'if it's not in the constitution, the government has no power over it.'

 

[Freddy Figbottom]

yeah, jarod is getting points all around today.

 

[Jarod]

that's the issue with nearly all strict constructionists. they are wrong. the constitution is not a listing of our rights, it's a limitation on the government. my motto is 'if it's not in the constitution, the government has no power over it.'

That is the basic holding of Roe v. Wade.

 

[Jarod]

Loving v. Virginia
Grizwald v. Conn.

 

[SmarterthanYou]

That is the basic holding of Roe v. Wade.

Loving v. Virginia
Grizwald v. Conn.

i am aware of that

 

[Jarod]

i am aware of that

Well, preach it to the Conservatives who claim to be Constitutionalists. Most of them cant figure that out.

 

[NOVA]

yeah, jarod is getting points all around today.

Mostly by agreeing with sty....or moving the goalposts.

 

[SmarterthanYou]

Well, preach it to the Conservatives who claim to be Constitutionalists. Most of them cant figure that out.

they don't listen to Libertarians any more than the liberals do. i'd get better results banging my skull against the wall.

 

[Jarod]

they don't listen to Libertarians any more than the liberals do. i'd get better results banging my skull against the wall.

True libertarians, your correct.

 

[NOVA]

Well, preach it to the Conservatives who claim to be Constitutionalists. Most of them cant figure that out.

Interesting..

What is it ?

Constitutionalism proclaims the desirability of the rule of law as opposed to rule by the arbitrary judgment or mere fiat of public officials…. Throughout the literature dealing with modern public law and the foundations of statecraft the central element of the concept of constitutionalism is that in political society government officials are not free to do anything they please in any manner they choose; they are bound to observe both the limitations on power and the procedures which are set out in the supreme, constitutional law of the community. It may therefore be said that the touchstone of constitutionalism is the concept of limited government under a higher law.
http://en.wikipedia.org/wiki/Constitutionalism

so Jarod, you aren't a Constitutionalist....you didn't take an oath to uphold the Constitution did you ?

 

[SmarterthanYou]

Interesting..

What is it ?

Constitutionalism proclaims the desirability of the rule of law as opposed to rule by the arbitrary judgment or mere fiat of public officials…. Throughout the literature dealing with modern public law and the foundations of statecraft the central element of the concept of constitutionalism is that in political society government officials are not free to do anything they please in any manner they choose; they are bound to observe both the limitations on power and the procedures which are set out in the supreme, constitutional law of the community. It may therefore be said that the touchstone of constitutionalism is the concept of limited government under a higher law.
http://en.wikipedia.org/wiki/Constitutionalism

conservatives who support the patriot act and gitmo, as well as believing that the constitution doesn't apply to non citizens, are not constitutionalists either.