Originally Posted by
acrylics
http:///forum/post/2591675
Not trying to beat a dead horse, but it's a bit of a flip-flop to me. The mere utterance that you will defend your 4th Amendment rights does not give any law enforcement officer PC to search you as you stated originally. You cannot be "liberal" with the law IMO, sorry
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Yep, and this can be a good thing for privacy of individuals which has been eroded for many years. I'm very pro law enforcement, but I'm even more "pro Constitution". Enforce laws according to the Constitution and it's all good but step out of that and my hackles go up.
Hell, in my state a LEO cannot ask for the ID of passengers of the vehicle unless there is specific PC to do so; A) it is not germane to the original stop and B) it is considered detaining the driver for an unreasonable amount of time. This has been decided in our state's Supreme Court.
Granted, PC for vehicles is easier to develop (far easier actually as you can see, hear, and smell the inside of the vehicle) but you still have to have specific PC and it has to meet the same criteria as a warrant, at least in my state. There are "motorist exceptions" and investigatory stops in many states as well, which IMO does erode the definition of PC.
Anyway, in the case in the OP, I don't know all the facts but if a warrant was granted based only on the smell of vinegar - I think there is sufficient grounds for a suit. I don't like the "litigiousness" of our society but this is grounds for one IMO.
I'm not in favor of handcuffing LEAs at all but granting a warrant on vinegar is insane and stupid. Not making this right by the homeowner creates mistrust and apathy towards law enforcement which doesn't help anybody.
it's not a flip flop. my point has been that it is very easy to determine PC for searching a car. easier than PC for a warrant to search a house. I was "liberal" in my description of what most cops would use for PC to search a car. but I don't not back off my statement that a cop can come up with PC to search a car on close to 100% of traffic stops if they choose.
you are referring to your state law. but again, a state may impose stricter limitations on itself, but these are not the same limitations that have stood up in the US Supreme Court.
but again, we agree that the PC for the issuance of the search warrant on this house sounds flimsy at best.