Comments on: This Area Is Certified Fourth Amendment-Free

By: Duncan20903

Duncan20903 — Tue, 22 Feb 2011 12:50:06 +0000

Bad Radley. Bad boy. Don’t you know that Know Nothing prohibitionists are idiots, and will believe you when you say that Sarasota is “100% drug free”?

By: c andrew

c andrew — Sun, 20 Feb 2011 17:28:45 +0000

Specifically where one is being boofed by your “superior” with a corkscrew?

By: c andrew

c andrew — Sun, 20 Feb 2011 17:27:21 +0000

Does anyone else think that a “Rochelle Curley” would make a great name for a sex act a’la the Santorum?

By: Len

Len — Sat, 19 Feb 2011 22:41:56 +0000

@24

Kant, this has already happened, as Balko noted in these pages. Connecticut.

By: Tybo

Tybo — Sat, 19 Feb 2011 22:33:01 +0000

@21

If I remember correctly, part of the ‘justification’ (I use quotes because it was really just uncomfortable squirming and not very clear on the part of rulings in question) for DUI checkpoints was that it was something that required a license to do anyway, and that mass searches of the indiscriminate sort were otherwise unconstitutional.

In other words, some of those little bits buried in those rulings would actually be the sort of thing to point out here. (Not that I agree with the final conclusion of said precedence regarding DUI checkpoints, however.)

By: kant

kant — Sat, 19 Feb 2011 20:49:38 +0000

@21
well essentially yes but I was thinking more along the lines of a warrant for police to search every person/car/house/building on block x.

By: demize!

demize! — Sat, 19 Feb 2011 20:36:44 +0000

#21 sorry for the double post, what you said goes to the seizure of cash due to alerts for Cocaine positivity on currency, there was a study that showed that there are traces of narcotic on a majority of the paper currency floating around the US. so just another excuse to arrest and seize on shaky or non existant grounds.

By: demize!

demize! — Sat, 19 Feb 2011 20:32:42 +0000

Well from personal experience I have been stopped and searched for ‘what are you doing in this neighborhood’ PC. It is really up to the individual officer if he wants to hassle you, so these type of racial stops are common, of course there is no warrant issued and it’s a different type of situation than what’s being discussed, but it seems to be a de facto policy. At least in New York.

By: random guy

random guy — Sat, 19 Feb 2011 18:46:54 +0000

kant, isn’t that essentially true of DUI checkpoints? If police have the authority to cordon off main thoroughfares to a large area and stop and inspect each person entering or leaving, isn’t that the same thing?

I’ve read in other places, and maybe here, that the vast majority of arrests and fines at such checkpoints have nothing to do with DUI’s. And yet the supreme court says they’re okay, but indiscriminate searches such as ID checks are illegal. What I find hilarious as the local sheriffs’ office loves to set up little ID checkpoints apparently oblivious to the fact that they’ve been unconstitutional for three decades. They only seem to do it around the predominately Hispanic section of town, so I don’t think they’re going to get caught anytime soon.

But its all the same thing, the law has essentially been interpreted to the point that a cops judgment outweighs all your rights. They don’t have the right to search your vehicle? Well now they can just bring out a dog to sniff your tires which magically justifies cutting open your seats and detaining you for three hours. Right now we have the appearance of procedure to what is actually arbitrary and limitless police power. In a few years the full blown police state will no longer need such pretenses.

By: kant

kant — Sat, 19 Feb 2011 05:46:17 +0000

I know this is going to come off as paranoid/sarcastic but how long do you think before a judge signs a what i’ll call a mass area warrant? that is, a warrant that covers an entire block or more. I have a feeling it’ll be inspired by a drug sweep.

By: Andrew Roth

Andrew Roth — Sat, 19 Feb 2011 01:18:15 +0000

Why the hell does all this egregious shit keep happening in Florida? Does every government in the state need to be put under a Federal consent decree? I really get the feeling that Florida is starting to outdo Alabama, Louisiana and Texas for official skulduggery, and that’s not easy. There’s the appearance of a pervasive, nearly statewide moral rot in government, more brazen than elsewhere.

By: demize!

demize! — Sat, 19 Feb 2011 00:41:46 +0000

I think #13 has said all that need be said!

By: overgoverned

overgoverned — Sat, 19 Feb 2011 00:25:13 +0000

General warrants were one of the principal grievances that led to the American Revolution, is the amazing thing. Men like Sam Adams were disgusted that government officers could have a warrant to conduct searches that didn’t name the particular people being searched and the particular thing being sought.

By: Brandon

Brandon — Fri, 18 Feb 2011 21:38:21 +0000

#14: nice. I like the slogan.

By: Loren

Loren — Fri, 18 Feb 2011 19:51:54 +0000

I am not a lawyer, but think I have a better understanding of the 4th Amendment to the US Constitution than Judge Rochelle Curley.

By: Yizmo Gizmo

Yizmo Gizmo — Fri, 18 Feb 2011 19:33:22 +0000

Ph 941.8614868
Fax: 941.7425957
E-Mail: rcurley@jud12.flcourts.org

Info on Judge “Curley”, for the truly outraged, curious or otherwise agitated.
Careful, Florida probably has a new law that says you can’t think for yourself or express disgust for their insidious “Come on Vacation, Leave on Probation” system.

By: Bobby

Bobby — Fri, 18 Feb 2011 18:55:25 +0000

Judges are part of the Elite Establishment that runs things everywhere. They were thoroughly tested for compliance to the Elite social paradigm BEFORE they were appointed. You can ordain a Baptist minister as a Catholic priest but ain’t no miricle conversion gonna happen. He’ll still be a Baptist at heart and totally predictable in his judgments.

Ask any trial lawyer. With Judge A, you win. With Judge B, you lose. Being CORRECT has nothing to do with it. It’s all personality. That’s why Judges and the legal establishment fight so hard to maintain the “appearance” of impartiality. Because the Judge has no clothes.

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Fri, 18 Feb 2011 18:49:23 +0000

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By: Charlie O

Charlie O — Fri, 18 Feb 2011 18:41:23 +0000

The fact that a judge upheld this nonsense is proof positive that there is no due process or rule of law in this country. I used to say that anyone who didn’t believe that the US was a police state was either naive or stupid. Now it’s down to just stupid.

By: BamBam

BamBam — Fri, 18 Feb 2011 18:33:03 +0000

#5, judges know what they are doing, as they did not get through their degree, etc. by being dummies. It’s long overdue that people call a spade a spade, that people that do this stuff aren’t ignorant/dumb but instead are EVIL as they know what they are doing. Don’t be fooled by the rhetoric about “golly gee I am enlightened, and I am not a judge, therefore the judge must be ignorant, therefore I shall educate him to bring him to the same enlightenment as myself”. This thinking is what allows the evil to continue year after year, decade after decade, century after century.

BTW you can replace the word judge with cops, prosecutors, or politicians of any stripe.