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The
Below Comments Relate to this Newslink:
Comment by:
PHORTO
(12/8/2019)
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I don't think judges exceed their authority in issuing confiscation orders per se, but they DO exceed their authority when doing so ex parte. It doesn't take a jury to decide, but it does require both sides being heard and presenting evidence.
Reasonable suspicion isn't probable cause, and that is the problem with these laws. The 4th Amendment mandates that arrest, search and seizure warrants may only issue upon probable cause of a crime, not of the possibility of a future crime, alleged without corroboration.
This isn't razor-edge parsing, either. There either IS probable cause, or there ISN'T.
And a mere allegation, ISN'T. |
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QUOTES
TO REMEMBER |
You are bound to meet misfortune if you are unarmed because, among other reasons, people despise you....There is simply no comparison between a man who is armed and one who is not. It is unreasonable to expect that an armed man should obey one who is unarmed, or that an unarmed man should remain safe and secure when his servants are armed. In the latter case, there will be suspicion on the one hand and contempt on the other, making cooperation impossible. — Niccolo Machiavelli in "The Prince." |
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