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  1. #1
    Sifu Lex_Luthor's Avatar
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    Quote Originally Posted by theGinsue View Post
    ETA3: Wait a minute. So what I'm hearing is that the guy they apprehended at the scene of this busy intersection (the guy with a couple of guns in his car) was NOT the armed robber? So, this guy was arrested (er, "apprehended") simply for the fact that he had 2 firearms in full exercise of his Constitutional rights in his vehicle? Oh, this is grand. I suspect HE will have something more to say to the City of Aurora about this even if the adult occupants of the other 18 car do not.
    WHOA, really? So it actually DID happen to someone exercising their Constitutional rights? Now this is getting interesting...
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  2. #2
    Really is Llama Not_A_Llama's Avatar
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    Quote Originally Posted by rockhound View Post
    just to clarify my position: the fleeing felon will excuse the need for a warrant, NOT A LLAMA WAS OBVIOUSLY ASLEEP IN CIVICS CLASS, also just have a screen name doesn't mean you are correct.

    jump up and down all you want the cops handled this appropriately

    Miller: Jenna, the courts often discuss exigencies that can excuse the need for obtaining a search warrant. What does the court mean by exigency?
    Solari: An exigency is something that requires immediate attention; for instances, preventing the destruction of evidence, or preventing the escape of a fleeing felon, or preventing harm to somebody. If an officer has facts to reasonably believe that one or more of those exigencies are occurring, then the officer can enter a REP area, like a house, without a warrant. The exigency actually excuses the warrant requirement for that officers’ initial entry.
    Miller: I believe you mentioned three exigencies or three exigent circumstances that might excuse the need for a warrant.
    Solari: Right. There are three re-occurring types of exigencies which allow police officers to make warrantless entries into REP areas. One occurs when an officer has probable cause to believe that the time it would take to go get a warrant would result in the destruction of the evidence. The second is when officers in hot pursuit of a fleeing felon chases that felon into a REP area. The third is when the officer needs to enter a home to save somebody from harm.


    as far as civics and most of my other courses i got an A, and civics probably did not cover this but a first year criminal law class would.



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  3. #3

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    [quote=FromMyColdDeadHand;488051]http://shaunkaufmanlaw.com/2012/06/0...without-cause/

    At least one lawyer gets it right.



    sorry your lawyer is a moron
    Self control: The minds ability to override the body's urge to beat the living sh.. out of some ass.... who desperately deserves it.

    The strongest reason for the people to retain the right to keep and bear arms is, as a last resort, to protect themselves against tyranny in government.

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  4. #4
    Rebuilt from Salvage TFOGGER's Avatar
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    Yeah, Oates came off as an arrogant prick on TV last night, and his statements probably shifted the decimal point on any settlement at least 2 places to the right. Trampling all over the Bill of Rights is going to cost the Aurora taxpayers a bundle. I guess they'll just have to step up traffic enforcement to cover it.
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  5. #5
    Voodoo Blue wyome's Avatar
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    So the cops should have just let everyone go on about their business?

  6. #6
    Gong Shooter Drucker's Avatar
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    I guess the 4th Amendment isn't a priority with them, guess the 2nd will not be also?

  7. #7
    MODFATHER cstone's Avatar
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    Quote Originally Posted by Drucker View Post
    I guess the 4th Amendment isn't a priority with them, guess the 2nd will not be also?
    If everyone searched gave consent, then the 4th Amendment was not violated. Do you know something we don't?

    I only know what the news media has provided. According to the Aurora PD, none of the 40 people detained have filed complaints. They certainly are well within their rights to file complaints, and if they feel their rights were violated, they should do so.
    Corruptissima re publica plurimae leges.

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  8. #8
    Celtic Warrior stevelkinevil's Avatar
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    I read through most but not all the posts so I am not sure if this has been covered. Besides the obvious gross violation of these peoples rights, has anyone mentioned the fact that if that suspect came out guns a blazin while they were unlawfully detaining innocent people and children that they very likely put all these folks in grave danger? This story is appalling from top to bottom and yet again confirms my decision to leave the profession all together.
    "Those who would trade liberty for safety deserve neither"

  9. #9
    Celtic Warrior stevelkinevil's Avatar
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    Rockhound is correct, HOWEVER, you must have probable cause! You cannot simply randomly stop and search every vehicle in an area. If a subjects vehicle or appearance matches a description you now have it, they had nothing of the sort, a geographical area does not probable cause make.
    "Those who would trade liberty for safety deserve neither"

  10. #10

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    i would say the narrowing it down the 19 cars at a particular intersection would satisfy any judge,
    Self control: The minds ability to override the body's urge to beat the living sh.. out of some ass.... who desperately deserves it.

    The strongest reason for the people to retain the right to keep and bear arms is, as a last resort, to protect themselves against tyranny in government.

    Thomas Jefferson


    Obama, so full of crap it is a miracle Air Force One can even get off the ground,

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