A Real Question for the TNL Lawyers

[Othello Harrington]

http://blogs.usatoday.com/ondeadline...ers-amnes.html


WTF? So you just want to search my house because you think I may have a gun. But if you do find one, I'm off scott free?

America is turning into Russia.

[Razor Ramon]

This sounds legit. Why wouldn't it? You have the right to say no but if they are able to get a warrant and search your house legally and confiscate your shit, they can brings charges up against you. This will probably be used as a last minute thing for felons to get off scott-free, anyway.

[Othello Harrington]

See that's my point. You say yes, you're searched. You say no, they get a search warrant for reasonible doubt.

It's total bullshit.

[Nash]

This whole thing is based on consent. The police may search your home if you give them consent.

[Razor Ramon]

See that's my point. You say yes, you're searched. You say no, they get a search warrant for reasonible doubt.

It's total bullshit.

How so? Just because you say no does not give them grounds for reasonable doubt. Doing so would be in direct violation of your constitutional right against unwarranted search and seizure. They'll have to come up with damning evidence to step foot into your home without your consent.

[Nash]

See that's my point. You say yes, you're searched. You say no, they get a search warrant for reasonible doubt.

Probable cause is the standard for a search warrant, not reasonable doubt. The sole fact that someone does not consent to a search of his home is not enough to find probable cause to justify a search warrant.

[Othello Harrington]

The point is this is against everything our forefather's desired. This eliminates the right to privacy we hold dear as well. Let's say you're with your buddies smoking a j, and they cop decides it's time to ask to search your house. Guess what, he just got his reason.

Do you not see my point?

[Mr-K]

This just seems to be taking advantage of the scared or ignorant.

Still though, if a cop asked to search my house it would be a big "go away."

[Thief Silver]

Your point is a non point. This isn't changing anything other than giving criminals an out.

Saying no to letting your house searched isn't going to be enough to justify searching your house. Most likely they will already be mid process of getting the warrant anyways and just trying to speed up the process.

[Othello Harrington]

Probable cause is the standard for a search warrant, not reasonable doubt. The sole fact that someone does not consent to a search of his home is not enough to find probable cause to justify a search warrant.

Okay let's imagine that this is going to be kosher with any fucking attorney in DC first off. Now, let's say they find 4 AK-47's in a guys house and take them. They are illegal, so now you're telling me that this guy gets no charges?