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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 |
| [The American Colonies were] all democratic governments, where the power is in the hands of the people and where there is not the least difficulty or jealousy about putting arms into the hands of every man in the country. [European countries should not] be ignorant of the strength and the force of such a form of government and how strenuously and almost wonderfully people living under one have sometimes exerted themselves in defence of their rights and liberties and how fatally it has ended with many a man and many a state who have entered into quarrels, wars and contests with them. — George Mason, "Remarks on Annual Elections for the Fairfax Independent Company" in The Papers of George Mason, 1725-1792, ed Robert A. Rutland (Chapel Hill, 1970). |
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