Thread: FLyOvers??
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Old 06-09-2008, 11:31 AM   #8
Boss
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Re: FLyOvers??

I just read through the entire supreme court ruling. Unless you give them a reason to get a warrant, they may not fly over anyones home and loiter in a helicopter without a warrant. They may not look inside your home with any device without a warrant. They may not use infra-red detectors anywhere on your property without a warrant.

So. If you are not dealing, or distributing in any way shape or form, you can do anything under your own roof, or in your backyard (that is not visible under normal ground level observation) without fear of prison, only for the fact that police cannot get a warrant without probable cause.

If however, you create the environment for neighbor complaints of odor, or car traffic, that is all the probable cause they need to tap your phones, watch your house, and get a warrant to search.

Reasonable probable cause is however, a very gray area. A trend in prosecution is the use of "Confidential informants" listed on the warrant as the probable cause. You may never see of hear from these people, as their identity is kept secret, if they even exist at all. Even though it is a direct violation of our right to face our accuser, the court sees the accuser as the prosecution, not the person they used to get the warrant.

Unless that informant has evidence to convict you of the crime you are being charged with, you do not have the right to examine them to validate the actual reason for search in the first place. They are protected. One could argue that these informants never existed to begin with.
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