4 ms·

Totally agreed. The blackhawk helicopters flying over Boston were a clear breach of Posse Comitatus and the warrantless searches (or self-warranted, any type n

Totally agreed. The blackhawk helicopters flying over Boston were a clear breach of Posse Comitatus and the warrantless searches (or self-warranted, any type not warranted by a judge) was a clear breach of the 4th amendment.

wahnfrieden 14y ago
Search without warrant just means evidence cannot be used in court. Are you a lawyer?
kvb 14y ago
Which warrantless searches? Weren't houses only searched with their owners' consent?
- peterjancelis 14y ago
  There are pictures of citizens leaving their houses with hands in the air. Explain to me how this does not constutite 'under duress'.
  - kvb 14y ago
    I haven't heard any stories of people whose houses were searched in a way that they were uncomfortable with. Have you?
bsg75 14y ago
http://en.wikipedia.org/wiki/Florida_v._Riley http://en.wikipedia.org/wiki/Florida_v._Riley "Florida v. Riley, 488 U.S. 445 (1989)[1], was a United States Supreme Court decision which held that police officials do not need a warrant to observe an individual's property from public airspace."
- peterjancelis 14y ago
  Surely pubic airspace does not include the interior of homes?
  - deleted 14y ago
    [deleted]
  - bsg75 14y ago
    I re-read your comment, now assuming there are separate references to airspace and searches. To date, I have not read of any involuntary searches of property not _specifically_ tied to the suspects actions. Neighborhood canvassing (knocking on doors and talking to residents) is not considered a search. The public seem to have been very cooperative, working _with_ law enforcement to locate the suspect. Edit: Readability of "reread"
twistedpair 14y ago
@peterjancelis are you even remotely familiar with what you're talking about? It was all legal. Read up.
- peterjancelis 14y ago
  You seem to be aware of more case law than me. Please explain to me how this was legal. Honest question.
- twistedpair 14y ago
  peterjancelis, you're incorrect on all counts: Posse Comitatus Act: "The Bill/Act as modified in 1981 refers to the Armed Forces of the United States. It does not apply to the National Guard under state authority from acting in a law enforcement capacity within its home state or in an adjacent state if invited by that state's governor. " * The National Guard of Massachusetts has blackhawks. They are used in times of emergency. This was one such case. * Governor was there. Invited them. Same state. Law enforcement capacity. 4th Amendment: "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." Warrants are required for evidence to be used in a court of law. This was not an evidenciary expedition. * People were not seized from their homes * People's effects were not seized from their homes * Searches were in cooperation with home owners (remember, everyone staid home Friday) * There was probable cause as the suspect was in the area as proven when they found him a few hundred feet from the search area * There was a clear risk to public safety (7 bombs set off, hundreds of rounds fired, a cop dead, another near death, 15 police hopitalized) No, I'm not familiar with case law at all. I just took American History in high school and know how to search Wikipedia.
Anechoic 14y ago
The blackhawk helicopters flying over Boston were a clear breach of Posse Comitatus You realize that the MA National Guard has blackhawks, right?
- Evbn 14y ago
  Of course he doesn't. Facts interfere with nerdrage.

wahnfrieden 14y ago

Search without warrant just means evidence cannot be used in court. Are you a lawyer?

kvb 14y ago

Which warrantless searches? Weren't houses only searched with their owners' consent?

peterjancelis 14y ago
There are pictures of citizens leaving their houses with hands in the air. Explain to me how this does not constutite 'under duress'.
- kvb 14y ago
  I haven't heard any stories of people whose houses were searched in a way that they were uncomfortable with. Have you?

bsg75 14y ago

http://en.wikipedia.org/wiki/Florida_v._Riley http://en.wikipedia.org/wiki/Florida_v._Riley "Florida v. Riley, 488 U.S. 445 (1989)[1], was a United States Supreme Court decision which held that police officials do not need a warrant to observe an individual's property from public airspace."

peterjancelis 14y ago
Surely pubic airspace does not include the interior of homes?
- deleted 14y ago
  [deleted]
- bsg75 14y ago
  I re-read your comment, now assuming there are separate references to airspace and searches. To date, I have not read of any involuntary searches of property not _specifically_ tied to the suspects actions. Neighborhood canvassing (knocking on doors and talking to residents) is not considered a search. The public seem to have been very cooperative, working _with_ law enforcement to locate the suspect. Edit: Readability of "reread"

twistedpair 14y ago

@peterjancelis are you even remotely familiar with what you're talking about? It was all legal. Read up.

peterjancelis 14y ago
You seem to be aware of more case law than me. Please explain to me how this was legal. Honest question.
twistedpair 14y ago
peterjancelis, you're incorrect on all counts: Posse Comitatus Act: "The Bill/Act as modified in 1981 refers to the Armed Forces of the United States. It does not apply to the National Guard under state authority from acting in a law enforcement capacity within its home state or in an adjacent state if invited by that state's governor. " * The National Guard of Massachusetts has blackhawks. They are used in times of emergency. This was one such case. * Governor was there. Invited them. Same state. Law enforcement capacity. 4th Amendment: "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." Warrants are required for evidence to be used in a court of law. This was not an evidenciary expedition. * People were not seized from their homes * People's effects were not seized from their homes * Searches were in cooperation with home owners (remember, everyone staid home Friday) * There was probable cause as the suspect was in the area as proven when they found him a few hundred feet from the search area * There was a clear risk to public safety (7 bombs set off, hundreds of rounds fired, a cop dead, another near death, 15 police hopitalized) No, I'm not familiar with case law at all. I just took American History in high school and know how to search Wikipedia.

Anechoic 14y ago

The blackhawk helicopters flying over Boston were a clear breach of Posse Comitatus You realize that the MA National Guard has blackhawks, right?

Evbn 14y ago
Of course he doesn't. Facts interfere with nerdrage.