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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 |
I have seen an American general and his officers, without pay, and almost without clothes, living on roots and drinking water; and all for LIBERTY! What chance have we against such men! -- young British officer to Colonel Watson describing the American militia rebels in Georgetown, SC [Source: 'Marion, The Life of Gen. Francis Marion' by M. L. Weems, Ch.18] |
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