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Author Topic: Should police be able to show up at your door with a drug sniffing dog and no evidence? [Locked]
Walker_ID  3 stars
Posts: 673
Registered: 2002-5-29 10:20:09
__Bonk__ posted:

They need a search warrant!

I would demand it if they showed up at my place





if i ever decide to own my own home it will be fenced...even the driveway....they will not be able to enter my property

 

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__Bonk__  5 stars
Posts: 5,122
Registered: 2009-7-25 03:04:52
Always demand to see their badges and the search warrant. They will be pissed but do it. You have rights. If they destroy your property file a claim with the city

 

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Huges07.1  2 stars
Posts: 438
Registered: 2006-10-29 18:49:28
The fire dept came to our house once to check a gas leak and took my brother's barely legal sawed off shotgun!

 

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Halloweve  2 stars
Posts: 422
Registered: 2004-3-6 10:19:02
At my house..with no evidence? NO.
sweeny_comodore  4 stars
Posts: 1,216
Registered: 2007-8-23 18:47:04
any more of our rights that you people want to freely hand over?

 

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Koneg  3 stars
Title: Evil Genius
Posts: 894
Registered: 2001-12-4 15:31:28
Aerlinthian posted:

It isn't illegal under the constitution.

Really? Could you point out for me please where the Constitution forbids Congress and the President from making and signing laws? This should be fascinating.

 

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Walker_ID  3 stars
Posts: 673
Registered: 2002-5-29 10:20:09
Koneg posted:

Aerlinthian posted:

It isn't illegal under the constitution.

Really? Could you point out for me please where the Constitution forbids Congress and the President from making and signing laws? This should be fascinating.



the law they use as a basis for drug laws is the commerce clause...which is grossly abused...

how can you regulate something that isn't sold?

according to that ridiculous interpretation of the commerce clause it can obviously be argued that the federal govt has the power to prevent the sale...but i agree with aer that the constitution as written and intended left the right of what can and can't be sold to the states


and to address your question the entire bill of rights says explicitly in places that congress can't pass certain laws....

and now a question for you?

has congress never passed a law that was unconstitutional?

 

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Yukishiro1  4 stars
Posts: 3,243
Registered: 2002-9-20 23:52:57
Walker_ID posted:

bringing the dog onto your property is only for one purpose and that is to search



A cop is allowed to go onto your property just to search too as long as they don't go inside your house without your permission and just confine themselves to looking at what is in plain view.

You don't have a reasonable expectation of privacy in the smells coming out of your house.
Walker_ID  3 stars
Posts: 673
Registered: 2002-5-29 10:20:09
Yukishiro1 posted:

Walker_ID posted:

bringing the dog onto your property is only for one purpose and that is to search



A cop is allowed to go onto your property just to search too as long as they don't go inside your house without your permission and just confine themselves to looking at what is in plain view.

You don't have a reasonable expectation of privacy in the smells coming out of your house.



there is a protected area of your property called curbage...what that is isn't totally defined but iirc it is at least a 50 yard(or feet?) perimeter around your house....and anything fenced counts as curbage...so while the cops could walk around the outer areas of your property they couldn't approach your house and say look thru windows

and the court has ruled that the home is your sanctuary...they even ruled in Kyllo that the police couldn't even take thermal images of the outside of the home that looked for hot spots...it was argued that the scan wasn't actually penetrating the home...they were merely seeing heat outside the home which has no reasonable expectation of privacy...its the same argument that you are using with the dog...and the court wasn't having any of that
granted the kyllo case involved technology but as i said...there is lots of precedent about the protected areas of your home

 

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Walker_ID  3 stars
Posts: 673
Registered: 2002-5-29 10:20:09
the word i was looking for was curtilage not curbage

 

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