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- Path: sparky!uunet!ogicse!uwm.edu!zaphod.mps.ohio-state.edu!darwin.sura.net!haven.umd.edu!mimsy!ucsu.Colorado.EDU
- From: fcrary@ucsu.Colorado.EDU (Frank Crary)
- Newsgroups: rec.guns
- Subject: Re: Little-known membership benefits of the NRA
- Message-ID: <199211161820.AA22450@ucsu.Colorado.EDU>
- Date: 16 Nov 92 23:08:43 GMT
- Article-I.D.: ucsu.199211161820.AA22450
- Sender: magnum@mimsy.umd.edu
- Organization: University of Colorado, Boulder
- Lines: 23
- Approved: gun-control@cs.umd.edu
-
- In article <BxsCtx.M8J@constellation.ecn.uoknor.edu> callison@essex.ecn.uoknor.edu (James P. Callison) writes:
- #All a police officer has to have to search or arrest you, according
- #to the Bill of Rights, is probable cause.
-
- The Bill of Rights requires a warrant _and_ a Grand Jury indictment
- in all cases. However, the Bill of Rights (directly and literally)
- applies only to the federal government. The states are limited
- by the Fourteenth Amendment, which (according to the Supreme Court)
- implies _roughly_ the same things as the Bill of Rights. However,
- there are exceptions: In this case, the Grand Jury indictment isn't
- applied to the states, and "probable cause" is an acceptable alternative
- to a warrant.
-
- #At any time, at any place.
- #Of course, the officer will be expected to demonstrate in open court
- #his "probable cause;" if he can't, he (and the department) are open
- #to charges...
-
- Police officers have been known to create misunderstandings, which then
- allow them to claim probable cause: "Missouri warrants" for example.
-
- Frank Crary
- CU Boulder
-