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Thread: Motorcycle on driveway can't be searched without a warrant, Supreme Court rules

  1. #11

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    DGUtley's Avatar tPF Moderator
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    Quote Originally Posted by MisterVeritis View Post
    Just for clarification what right is being protected?
    The 4th Amendment.
    Any time you give a man something he doesn't earn, you cheapen him. Our kids earn what they get, and that includes respect. -- Woody Hayes​

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    Quote Originally Posted by DGUtley View Post
    The 4th Amendment.
    So not a right to privacy.
    Call your state legislators and insist they approve the Article V convention of States to propose amendments.

    The Wall: If we build it, they will not come.

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    Quote Originally Posted by MisterVeritis View Post
    So not a right to privacy.
    Well, the right to privacy is implied.

    The right to breathe is something that is not a constitutionally protected right, either. But it is implied through common sense.
    Faith can move mountains, but don't forget to bring your shovel.

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    Quote Originally Posted by MisterVeritis View Post
    So not a right to privacy.
    "The right of the people to be secure in their persons, houses, papers,
    and effects, against unreasonable searches and seizures, shall not be
    violated, and no Warrants shall issue, but upon probable cause,
    supported by Oath or affirmation, and particularly describing the place
    to be searched, and the persons or things to be seized."

    I think that the right to be secure against unreasonable search and seizure is a personal privacy right but your point is well taken. So, no, not a privacy right in the sense that most people think of it. I misspoke.
    Any time you give a man something he doesn't earn, you cheapen him. Our kids earn what they get, and that includes respect. -- Woody Hayes​

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    MisterVeritis (06-07-2018)

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    Quote Originally Posted by spunkloaf View Post
    Well, the right to privacy is implied.

    The right to breathe is something that is not a constitutionally protected right, either. But it is implied through common sense.
    We have a right to be secure. We have a right to life and it cannot be taken from us by the state without due process.
    Call your state legislators and insist they approve the Article V convention of States to propose amendments.

    The Wall: If we build it, they will not come.

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    Quote Originally Posted by DGUtley View Post
    "The right of the people to be secure in their persons, houses, papers,
    and effects, against unreasonable searches and seizures, shall not be
    violated, and no Warrants shall issue, but upon probable cause,
    supported by Oath or affirmation, and particularly describing the place
    to be searched, and the persons or things to be seized."

    I think that the right to be secure against unreasonable search and seizure is a personal privacy right but your point is well taken. So, no, not a privacy right in the sense that most people think of it. I misspoke.
    You did not misspeak. Safety did.

    We have a right to be secure. In my opinion the right to be secure is far more important than a right to privacy. When we so easily conflate the two I fear we may end up with the lesser right to privacy while losing the essential right to be secure.
    Call your state legislators and insist they approve the Article V convention of States to propose amendments.

    The Wall: If we build it, they will not come.

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