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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 |
| ...If a man lies under oath or procures the lie of another under oath, if he perjures himself or suborns perjury, he is guilty under the statute law. Under the higher law, under the great law of morality and righteousness, he is precisely as guilty if, instead of lying in a court, he lies in a newspaper or on the stump; and in all probability, the evil effects of his conduct are infinitely more widespread and more pernicious. — Teddy Roosevelt - May 12, 1900 |
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