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So were you under the impression that incarcerated persons could not have their cells searched without a warrant, too? The 5th and 14th amendments provide that
by skwirl 13y ago
So were you under the impression that incarcerated persons could not have their cells searched without a warrant, too?
The 5th and 14th amendments provide that no person shall "be deprived of life, liberty, or property, without due process of law". He was convicted of a crime. The punishment can include random searches, drug tests, ankle monitors, etc., as long as it is provided for by law.
- kaffeinecoma 13y agoActually I have no idea why you think I'm under that impression. I know that (for example) convicted felons can lose their voting rights, but I did not know that committing a misdemeanor would cause you to lose protection against searches in your own home after your release, potentially forever.
- jggonz 13y agoThis was a total surprise for me as well. I did not know that you could even lose that right. I guess anything is legal as long as there's a law that says it is.
- forgottenpass 13y agoHe was convicted of a crime. The punishment can include random searches, drug tests, ankle monitors, etc., as long as it is provided for by law. When I read the parent comment, I didn't see someone surprised that it CAN be done, but someone surprised at where the line of when it is an appropriate remedy had been drawn.
- scotty79 13y agoSo you are saying that crime is a crime even if it's first-time, nonviolent misdemeanor and you can be deprived of life, liberty or property if due process of law happened? That horribly low standard for a justice system. Especially that due process of law basically boils down to judge deciding what tickles him the right way.
- Guvante 13y agoWhile an eye for an eye will leave everyone blind, most people believe that the justice system should react to the crime based on the magnitude of the crime. In this case the value of his life and liberty given his lack of background is probably worth more than the protection the state gains by being able to search his house at will. Which is the entire purpose of the 4th amendment.
- dinkumthinkum 13y agoSo do you think that crimes should have no legal punishments? Really?
- scotty79 13y agoI think crimes should have punishments proportionate to the damage done. At the same time I'd like punishmeants themselves to cause as little damage as possible.
- DanBC 13y agoWhy would you put someone in prison for a first time non violent offence?