Emiricol said:
Last year, I think it was, the US Supreme Court upheld the legality of an arrest made by a police officer of a woman who was not wearing a seat belt. She was not arrested for freaking out and attacking the officer or any such thing. She was arrested specifically for not wearing a seat belt.
Naturally, she felt this constituted a blatant violation of the constitution, which protects us from unreasonable search and seizure of our property or persons. The supreme court disagreed.
This sets a *very dangerous* precedent. Since when is the Bill of Rights in the Consitution merely optional?
Greatwyrm said:
I'm getting off topic here, but...
How does this even relate to the 4th amendment's protections against unreasonable search and seizure?
1. Apparently, it's legally required to wear a seatbelt while in a moving vehicle wherever this woman was (as is the case here in Illinois).
2. She apparently wasn't wearing a seatbelt.
3. Since most cars have transparent windows, the officer probably saw she was not wearing her seatbelt.
Any time you break a law in public, you shouldn't be surprised if a law enforcement officer is there to arrest or ticket you for it. As I mentioned earlier, not wearing your seatbelt in Illinois is a crime with a standard $50 fine. If a state trooper is looking at me as I drive by and sees I'm not wearing a seatbelt, he can pull me over and give me a ticket, because he witnessed me breaking the law. If a cop sees you shoot someone as he happens to glance in your living room window, would that in any way count as an unreasonable search?
Turning wildly back on topic, my thanks to Sigil. I had completely missed the point that being a potential criminal made you guilty in this draft of the law.
jasamcarl said:
You are misreading the 8th. 'Excessive' refers to arbitrary, i.e. there being no compelling public interest. Precedence notes that there is a public interest in intellectual property.
jasamcarl said:
And you still don't get this; you are punishing someone not based upon someone's actions, but based on what will deter individuals. It is very much unlikely that that individual will get caught on any INDIVIDUAL download; future and past offences don't factor in. This has nothing to do with what others are doing.
hellbender said:If sick freaks still trade in child pronography, then piracy can take a back seat until all those perverts are caught.
Greatwyrm said:
I'm getting off topic here, but...
How does this even relate to the 4th amendment's protections against unreasonable search and seizure?
1. Apparently, it's legally required to wear a seatbelt while in a moving vehicle wherever this woman was (as is the case here in Illinois).
2. She apparently wasn't wearing a seatbelt.
3. Since most cars have transparent windows, the officer probably saw she was not wearing her seatbelt.
Any time you break a law in public, you shouldn't be surprised if a law enforcement officer is there to arrest or ticket you for it. As I mentioned earlier, not wearing your seatbelt in Illinois is a crime with a standard $50 fine. If a state trooper is looking at me as I drive by and sees I'm not wearing a seatbelt, he can pull me over and give me a ticket, because he witnessed me breaking the law. If a cop sees you shoot someone as he happens to glance in your living room window, would that in any way count as an unreasonable search?
Turning wildly back on topic, my thanks to Sigil. I had completely missed the point that being a potential criminal made you guilty in this draft of the law.
Umbran said:
While some problems are worse, and should get more attention, that does not mean you can ignore other problems.
Umbran said:
Sorry, hellbender, but that's not the way the world operates, nor would it be good if it did.
We have two problems, X and Y. X is somehow a worse problem, and so you'd like us to ignore Y until X is completely settled. This simply isn't practical - you cannot let Y run rampant. Murder is worse than theft, so we should not worry about theft while there are still murders taking place? The thieves would simply love that!
While some problems are worse, and should get more attention, that does not mean you can ignore other problems.