US becoming a police state???

[Baron1710]

Originally Posted by Edward Anglin

Baron, I know your post is TIC, but I will tell you that I rarely, if ever use a credit or debit card.

I pay cash for everything I possibly can.

I guess I am too tied to technology, I rarely have cash I pay for everything with a debit card, and send thousands of texts each month, and use my cell phone exclusively when I am not in the office. When the home phone rings I let it go to voicemail and never check it, anyone who knows me knows that you have to call my cell to get me.

That being said I still feel the solution is to restrict the government, with our valid Constitutional rights, from accessing our information without a warrant.

I also think private industry should be restricted from storing private information for long periods of time.

[Baron1710]

Originally Posted by Digging4Truth

They can raid your house... look at your personal effects and leave just for "sneak & peek" purposes without a warrant.

for which they must have a valid warrant, this is not a warrantless search, which means they have to identify what it is they are looking for and show:

Reasonable cause to believe that providing immediate notification of the execution of the warrant may have an adverse result. 18 U. S. C. § 2705(a)(2) defines “adverse result” to be (1) endangering the life or physical safety of an individual, (2) flight from prosecution, (3) destruction of or tampering with evidence, (4) intimidation of potential witnesses, or (5) otherwise seriously jeopardizing an investigation or unduly delaying a trial.

The warrant also provides for the giving of such notice within a reasonable period of its execution, which period may thereafter be extended by the court for good cause shown.

[Sister Alvear]

vey scary...

[Baron1710]

Originally Posted by Digging4Truth

The Patriot Act does away with the 4th amendment protection whenever they deem it necessary to do so.

They also do away with trial by jury of your peers.

They can also hold you indefinitely without charging you with anything.

They can raid your house... look at your personal effects and leave just for "sneak & peek" purposes without a warrant.

They can take you and hold you without charges or warrant and not let your family know that they have you or where you have been taken.

You can be taken and held without charges or warrant and you do not have the right to an attorney.

All of these are partially correct, I say partially because you have to land in a special category for this to apply. I believe the assertion of the Bush administration will ultimately fail however.

This has been applied to two people Yaser Esam Hamdi and Jose´ Padilla. Yaser Esam Hamdi was born in Louisiana and raised in Saudi
Arabia, captured in Afghanistan, sent to Guantanamo, then transferred to
a Norfolk, Virginia, military brig when it was learned that he was a U.S. citizen. Jose´ Padilla, (Dirty Bomb) was arrested at Chicago’s O’Hare airport, flying in from Pakistan, then he was transferred from civilian to military custody in Charleston, South Carolina. Both are being detained by the military.

What special category do they fall in? Enemy combatants. This is a special category because it is not just a citizen of the country you are fighting with. John Ashcroft used this category from a Supreme Court case, Ex Parte Quirin. This is a case where Nazi's were captured on American soil in non military apparel, tried and executed by the military. They were not afforded Constitutional rights. The Supreme Court gave its approval of the actions after they were executed.

I have had personal conversations with Ashcroft about this case and how it applies to these guys, I think the court will ultimately strike down this arbitrary category but in the meantime don't fly in to America from the middle east trying to set a dirty bomb off, or attack the U.S. military on foreign soil and you should be fine.

[Sister Alvear]

I have such a sweet lawyer in Brazil...glad we have one here on our forum too. It is good to know the legal aspects of things.Thank you Baron.