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"The more than 750 government apartments that make up the Johnson City Housing Authority could soon be the subject of random annual police K-9 searches.
JCHA Executive Director Richard McClain says drugs, specifically cocaine, marijuana and methamphetamine, are an issue in and around the city's seven housing developments."
rest of the story at the above link.
To be fair, they state that you can tell them to not bring in the dog if you are home. If you are not home they will have the dog search your Apartment.
Whats your opinion on this or maybe the Constitutionality on it (4th Amendment)?
The people there do not live there for free. They have to pay something plus so many hours of some type of Community Service Volunteering a month.
For those who don't know the 4th Amendment... here it is: 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.
This seems to me to just be another feel good thing that accomplishes nothing. The renters are going to know that the dog is coming.
How many drug dealers are caught in the yearly inspections? How were the others noted in the article caught?
If you want to actually do something here, offer up a reward for calling in a tip that ends in a conviction. When the druggie that gets turned away for not having any money, drops a dime they get the money.
The idea that this is a "war on the poor" is stupid rhetoric considering the reasoning and the positive feedback from the residents as your article says.
It is however most likely a 4a violation. Not sure how that would work exactly considering that it is public housing and annual inspections are already conducted.
The difference is Inspection is not a Search with a Sworn Officer. I just remember the "War on the Poor" as a news title or something like that back when they were considering drug testing for welfare recipients.
This is in my city and a funny thing is the Police Department is literally across the street from one of the Housing areas (Keystone oops edit: It is Memorial Park Housing not Keystone). Instead of this and possibly causing a 4a stink, why not hammer in with UC Narcotics units and such? I just think it will become real slippery if it becomes a "must allow the dog in" thing. Where does it stop? You basically rent your house and property even if you own it. Property taxes. The Gov. can take it away if they need to put a road in. I guess my problem with it is broad unwarranted search vs. probable cause warranted searches.
There is an interesting case in front of the U.S. Supreme Court. Florida v. Jardines. Cops used a drug dog at the front door to sniff to gain probable cause to get a warrant.
The idea that this is a "war on the poor" is stupid rhetoric considering the reasoning and the positive feedback from the residents as your article says.
A very valid point unless the OP believes that the poor is attacking each other.
This is clearly a violation of the 4th amendment. And it is rather pointless too. It's only going to happen at the annual inspections, so the drug dealers just move their stuff to another location for a few days, and set up shop again the day after the inspection. Completely useless.
The difference is Inspection is not a Search with a Sworn Officer. I just remember the "War on the Poor" as a news title or something like that back when they were considering drug testing for welfare recipients.
Yes I read that afterwards.
Quote:
Originally Posted by BP72
This is in my city and a funny thing is the Police Department is literally across the street from one of the Housing areas (Keystone). Instead of this and possibly causing a 4a stink, why not hammer in with UC Narcotics units and such?
Well yeah, but that would require actual work.
Quote:
Originally Posted by pknopp
A very valid point unless the OP believes that the poor is attacking each other.
If anyone's at war with the poor, it's the other poor people who are running meth labs in their buildings.
"The more than 750 government apartments that make up the Johnson City Housing Authority could soon be the subject of random annual police K-9 searches.
JCHA Executive Director Richard McClain says drugs, specifically cocaine, marijuana and methamphetamine, are an issue in and around the city's seven housing developments."
rest of the story at the above link.
To be fair, they state that you can tell them to not bring in the dog if you are home. If you are not home they will have the dog search your Apartment.
Whats your opinion on this or maybe the Constitutionality on it (4th Amendment)?
The people there do not live there for free. They have to pay something plus so many hours of some type of Community Service Volunteering a month.
For those who don't know the 4th Amendment... here it is: 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.
I have seen what crack and heroin do to people first hand, and taking that stuff out of communities is a very good thing. But if what you posted above is correct, it goes against the American rights that I have been taught since I was a child.
And the thing that's really stupid is that the searches are random. Random basically means they pick an apartment out of thin air and go search it. What are the odds they are going to "randomly" pick a high level drug dealers apartment?
I have seen crack and heroin turn people into prostitutes. Perhaps they should pay citizens for information about crack, heroin, and meth dealers. And then go search their apartments for drugs without a warrant. But random searches ??
I was coming back from Germany right after Sept 11. And the airport picked me for a random search, they took me to the side and thoroughly checked my luggage. But I looked at the men behind me in line, and they were Arabs.
The airport was doing random searches to find Arab terrorists, and they actually searched white people and did not even search the Arabs. Its just too stupid.
I am in (no) way a racist, and I realize 99% of Arab people are great people, that would never hurt anyone.
But if you are searching for Arab terrorists why search white people?
I may be against (all) random searches. Perhaps random searches should be replaced with actual police work.
How in the hell are you going to rid a large area of dangerous drugs with a few "random" searches??
I'm sure the police already know many (high) likelihood drug dealers in that area, but they want to do random searches and not even search the suspicious people.
"The more than 750 government apartments that make up the Johnson City Housing Authority could soon be the subject of random annual police K-9 searches.
JCHA Executive Director Richard McClain says drugs, specifically cocaine, marijuana and methamphetamine, are an issue in and around the city's seven housing developments."
rest of the story at the above link.
To be fair, they state that you can tell them to not bring in the dog if you are home. If you are not home they will have the dog search your Apartment.
Whats your opinion on this or maybe the Constitutionality on it (4th Amendment)?
The people there do not live there for free. They have to pay something plus so many hours of some type of Community Service Volunteering a month.
For those who don't know the 4th Amendment... here it is: 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.
"The more than 750 government apartments that make up the Johnson City Housing Authority could soon be the subject of random annual police K-9 searches.
JCHA Executive Director Richard McClain says drugs, specifically cocaine, marijuana and methamphetamine, are an issue in and around the city's seven housing developments."
rest of the story at the above link.
To be fair, they state that you can tell them to not bring in the dog if you are home. If you are not home they will have the dog search your Apartment.
Whats your opinion on this or maybe the Constitutionality on it (4th Amendment)?
The people there do not live there for free. They have to pay something plus so many hours of some type of Community Service Volunteering a month.
For those who don't know the 4th Amendment... here it is: 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.
Your clue is "unreasonable" searches and "probable cause". Are you suggesting that the criteria isn't being met? If so, how would you know that?
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