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View Full Version : Where, in your copy of the Bill of Rights, is that "Special Needs" section?




Anti Federalist
03-06-2013, 03:27 PM
Can't seem to find it in mine...


§ 5.06 “Special Needs” Searches

[A] In General

The “special needs” doctrine is another exception to the warrant and probable cause requirements of the Fourth Amendment. Special needs cases generally arise from searches by government actors other than police officers, such as school officials, public employers, and probation officers.

The doctrine applies when the government can demonstrate that:

(1) it is impracticable to obtain a warrant;

(2) the governmental interest outweighs the intrusion;

(3) the immediate objective of the search is one other than to generate evidence for law enforcement purposes, even if the ultimate goal is non-criminal in nature.


Fucking lawyers...

heavenlyboy34
03-06-2013, 03:43 PM
Hush, mundane. You don't need rights-you've got safety.

ZENemy
03-06-2013, 03:45 PM
Well then, we Americans are going to have to start learning to DENY unlawful searches, with FORCE...sorry, I know there is consequences for that, but its BEYOND time.

VoluntaryAmerican
03-06-2013, 03:48 PM
I have "Special Needs".

I need LIBERTY!

Anti Federalist
03-06-2013, 03:50 PM
(2) the governmental interest outweighs the intrusion

Of course, from government's POV, every interest outweighs an intrusion upon a Mundane's life.

Spooner and the rest are right, the Constitution is a failed document.

It has either authorized such Acts...

Or has failed to prevent them.

VoluntaryAmerican
03-06-2013, 04:04 PM
Of course, from government's POV, every interest outweighs an intrusion upon a Mundane's life.

Spooner and the rest are right, the Constitution is a failed document.

It has either authorized such Acts...

Or has failed to prevent them.

Truth.

heavenlyboy34
03-06-2013, 04:07 PM
Of course, from government's POV, every interest outweighs an intrusion upon a Mundane's life.

Spooner and the rest are right, the Constitution is a failed document.

It has either authorized such Acts...

Or has failed to prevent them.
qft and +rep

TheTexan
03-06-2013, 04:40 PM
Theres shitloads of legal tools nowadays to make just about anything constitutional. Legislative and executive process looks like this: enact something, then find lawyers to make it "legal"

heavenlyboy34
03-06-2013, 04:47 PM
Theres shitloads of legal tools nowadays to make just about anything constitutional. Legislative and executive process looks like this: enact something, then find lawyers to make it "legal"
And they have the best lawyers taxpayer money can buy to keep them from being successfully challenged. :( :mad:

Orgoonian
03-06-2013, 04:49 PM
I have reported all of you to Auntie Janet,and the SPLC.
Learn your place!

ZENemy
03-06-2013, 04:54 PM
I have reported all of you to Auntie Janet,and the SPLC.
Learn your place!

Good, there are many, like me, that are done waiting to resist and want it THROWN in their faces.













:D

erowe1
03-06-2013, 04:59 PM
Nowhere in the Bill of Rights does it say that a warrant is required for any searches.

heavenlyboy34
03-06-2013, 05:08 PM
I have reported all of you to Auntie Janet,and the SPLC.
Learn your place!
Something had better happen this time or I will lose faith in Big Sister. I've been reported more times than I can count, but still have not been SWAT-ed or taken away by the Thought Police. :(

coastie
03-06-2013, 05:12 PM
Where, in your copy of the Bill of Rights, is that "Special Needs" section?

Right next to the part that says I can only have guns to shoot turkey and deer, apparently. Nowhere to be found.