To partially answer the question of why some people want smaller government, here are two examples.
Indiana Supreme Court: citizens have no right to resist unlawful police entry Short version: A police officer is within his rights to enter a home for any reason or no reason at all, while a homeowner is powerless to block or interfere in any with
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Would you mind explaining that? Where does the Fourth Amendment vest in the home-owner the power of enforcing its provisions against the police?
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Yes.
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That doctrine as I understand includes in the definition of "view" touch, smell and hearing, so that an officer smelling marijuana has authority to seize it as evidence of the crime and as contraband without a warrant.
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As for whether it constitutes probable cause, it may. But probable cause is an element of a warranted search, and does not, on its own, render every search reasonable.
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But in the case of them smelling marijuana being used, doesn't that constitute reasonable evidence that a crime is occurring and for them to enter? Then they can surely seize any marijuana they see after entering the premises.
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Here's a good one from the SC decision:"Justice Samuel Alito noted that when occupants respond to a police knock on the door, they are not required to grant police permission to enter their homes. But, he said, if there is no response, and police hear movement inside that suggests destruction of evidence, they are justified in breaking in."(Emphasis added)
So, I guess what Sam is saying (fine, an extrapolation, w/e), there, is that while you don't have to grant them permission to enter your home, you definitely must answer your door when they knock. Because lets's face ( ... )
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So what I am describing is the state deciding it wants to come into my house without a warrant when I don't want them to come into my house without a warrant. I don't care that anything they find once they come in may or may not ever be used against me - that's entirely beside the point, my point, anyway.
So what I was saying is, if the state officers decide they want to come in, and there are only state officers to be witness to the "strange flushing sound," e.g., there isn't anything I can have to say about such a thing, right?
"We thought so, any reasonable person would think so, we acted in good faith...nice crib, dude. Cya."
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Are you replying to the wrong post? I don't see that I've said that here anywhere.
the concept that authority is to be respected, but not trusted in any and all things?
Nor did I say this.
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