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Old 11-28-2014, 04:46 PM
 
45,225 posts, read 26,437,203 times
Reputation: 24980

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Quote:
Originally Posted by Hoonose View Post
Like most any crime.

Rule of law is desired by the public at large.

It is indeed a social thing.
Like most crimes that shouldnt be crimes. No victim, no crime. Your beloved government master doesn't count as a victim.
You are just spouting nonsense
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Old 11-28-2014, 04:47 PM
 
Location: Someplace Wonderful
5,177 posts, read 4,791,004 times
Reputation: 2587
Quote:
Originally Posted by MoNative34 View Post
The 4th Amendment applies 24/7. That is nice.
Amendment IV

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.


Regarding search and seizure, the key word is "unreasonable".

It is not unreasonable for police to pull over a car that is weaving all over the road. nor is it unreasonable to suspect DUI when in addition to the weaving, there is the smell of alcohol on the driver's breath. An arrest can be made at that time. (Well, here anyway, the sobriety check - series of coordination tests (walk a straight line, touch your nose with you forefinger with your eyes closed, for example) came first.

I can remember in the 70's and 80's when processes were not so speedy as they are today, the common wisdom was to refuse to do the sobriety check, at which point you were automatically arrested, jailed, and required to take a blood test. By the time it could be administered you were likely to be below the legal limit and you walked. Since then, at least in this state, the laws changed and if you refused the sobriety test your license is suspended, even if it turns out you were sober.

With regards to warrants, well, a warrant is not required for every arrest. Caught in the act does not require a warrant at all. I believe for the most part warrants are required when police want to search premises for evidence of a crime that occurred elsewhere or at another time.
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Old 11-28-2014, 05:02 PM
 
18,802 posts, read 8,469,715 times
Reputation: 4130
Quote:
Originally Posted by Frank DeForrest View Post
Like most crimes that shouldnt be crimes. No victim, no crime. Your beloved government master doesn't count as a victim.
You are just spouting nonsense
I insist on reasonable safety on our roads. I support safety, and will vote and will pay via taxes for safety. And if you or someone else impinges on my safety, I will support and vote for my representatives in Gov't and law enforcement to come after you. Driving alcohol and drinking is unsafe.

You can drink all the tomato juice, or a thousand and one other things all you want and still drive.
You can drink booze and not drive.

These are my desires for the law.

You are free to support and vote the way you see fit.
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Old 11-28-2014, 05:05 PM
 
18,802 posts, read 8,469,715 times
Reputation: 4130
Quote:
Originally Posted by chuckmann View Post
Amendment IV

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.


Regarding search and seizure, the key word is "unreasonable".

It is not unreasonable for police to pull over a car that is weaving all over the road. nor is it unreasonable to suspect DUI when in addition to the weaving, there is the smell of alcohol on the driver's breath. An arrest can be made at that time. (Well, here anyway, the sobriety check - series of coordination tests (walk a straight line, touch your nose with you forefinger with your eyes closed, for example) came first.

I can remember in the 70's and 80's when processes were not so speedy as they are today, the common wisdom was to refuse to do the sobriety check, at which point you were automatically arrested, jailed, and required to take a blood test. By the time it could be administered you were likely to be below the legal limit and you walked. Since then, at least in this state, the laws changed and if you refused the sobriety test your license is suspended, even if it turns out you were sober.

With regards to warrants, well, a warrant is not required for every arrest. Caught in the act does not require a warrant at all. I believe for the most part warrants are required when police want to search premises for evidence of a crime that occurred elsewhere or at another time.

Of course there are gray zones whether something or some action is reasonable or not. Just as we adopt blood alcohol levels to help satisfy the gray zone of law concerning drinking and driving.
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Old 11-28-2014, 06:41 PM
 
Location: CasaMo
15,971 posts, read 9,384,777 times
Reputation: 18547
Quote:
Originally Posted by Finn_Jarber View Post
What crime?
A traffic offense as chuckmann brought up.
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Old 11-28-2014, 06:42 PM
 
Location: CasaMo
15,971 posts, read 9,384,777 times
Reputation: 18547
Quote:
Originally Posted by Taajsgpm View Post
Am I free to hate talk, free to smoke poison? free to eat GMOs?
Yes.
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Old 11-28-2014, 07:02 PM
 
3,304 posts, read 2,172,400 times
Reputation: 2390
It's ridiculous to me that this practice was ever allowed. Drawing blood involves puncturing a person's vein. That's physical assault. They are literally stabbing a person.
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Old 11-28-2014, 07:38 PM
 
45,225 posts, read 26,437,203 times
Reputation: 24980
Quote:
Originally Posted by Hoonose View Post
I insist on reasonable safety on our roads. I support safety, and will vote and will pay via taxes for safety. And if you or someone else impinges on my safety, I will support and vote for my representatives in Gov't and law enforcement to come after you. Driving alcohol and drinking is unsafe.

You can drink all the tomato juice, or a thousand and one other things all you want and still drive.
You can drink booze and not drive.

These are my desires for the law.

You are free to support and vote the way you see fit.
Yeah we get it, you support a police state that is allowed to ruin lives where no crime has been committed.
Such is the cancer that progressives have unleashed.
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Old 11-28-2014, 10:13 PM
 
4,651 posts, read 4,592,373 times
Reputation: 1444
Quote:
Originally Posted by Taajsgpm View Post
Also begs the question what is freedom, Am I free to hate talk, free to smoke poison? free to eat GMOs?
Its a mixed up country and the views and definitions of Freedom are crazy
That's right freedom has several meaning depending on where is our interest.
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Old 11-28-2014, 10:40 PM
 
18,802 posts, read 8,469,715 times
Reputation: 4130
Quote:
Originally Posted by Frank DeForrest View Post
Yeah we get it, you support a police state that is allowed to ruin lives where no crime has been committed.
Such is the cancer that progressives have unleashed.
Only when it concerns drinking and driving, my and my family's safety. I vote for my and my family's safety over your stupidity.


You can drink soda or any one of a thousand things beside alcohol and drive.

You can drink alcohol and not drive.

It's easy, simple and straight forward. Any anarchist/libertarian would understand!
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