@DiversityDriven,
DiversityDriven;54301 wrote:I did, nothing about "a right to privacy?"
Problem number 2 in this country, usually linked to number 1. Lack of knowledge and an understanding of what those words mean.
Quote:If the law thinks different, who takes precident?
The law doesn't think. The law is stated very clearly. Free from unreasonable search and seizures, UNLESS with a warrant.
Quote:If they think it is within reason, yes they can.
Not without a warrant. That's why if I get pulled, I can tell them to stick it if they wanna search my vehicle. Of course, they'll come back with a warrant to do so if they feel that I in fact have contraband in my car.
A cop asked if he could see inside my trunk. I replied "no, not really." and that was the end of it. No warrants, no forced searching, nothing. He let me go. Without a probable cause to search my trunk (i.e. reasonable), they can't do it.
Use all four definitions on Amendment 4. See whatcha get. Not having a reason, not in accordance with what is "normal", excessive, shall I go on?
Quote:Nothing in there about either? You always make up sheit?
You sound familiar... the use of question marks where they shouldn't be, bad grammar... awfully familiar...
Anyway, once you take your definition and amendment and mix the two, you will get your answer.
You always make up werds?
Quote:You don't decide what a valid reason is, they do. A cop walks up to your car, does he need a warrant to look inside?
To visibly see inside, no. Search anything within an arm's reach of my door, no (this includes the glovebox, guys UNLESS LOCKED). To open my door, take me out and go through everything including trim, bags, belongings, seats, etc... you better know he needs a warrant if I decline to allow his search.
Quote:You open your front door to see a cop, you have paraphernalia on your coffee table. He see's it. Guess where you spend the night, all without a warrant.
Very true. Hide the bong.
If a cop sees a bong on my coffee table when I open the door, I'm busted. No doubts. That's within plain sight. Now, if he wants to search my closets to see if I have a grow room or a fat stash in there... sorry, Charlie. Come back with the papers.
Quote:Probable cause. Your the one leaving.
Under such probable cause a warrant will be issued. Again, read the law:
"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"
Probable cause = warrant! It's that easy. But the warrant must be detailed as to what they want and where they're looking.
If an officer of the law does not have a warrant, then you do NOT have to allow him to search. That is the law. The Constitution was designed to protect *US* the citizen. It tells the government what it is NOT allowed to do. It CANNOT search people, their belongings, or their homes without a proper and detailed warrant.