Well then, he’s not guilty of driving after dark.
Thx vapes
Quite right. It's his case, not mine. I'm just gathering information and doing research in support. And the absence of any video recording is a serious impediment.
It is telling when one side in a dispute is eager to find video evidence, while the other side is notably evasive on the point. I imagine the Detective in the Lea stop rather wishes he had not been recording, though he referred to his body cam a number of times during the stop.
My takeaway from this video is that it illustrates my statement above. The roadside is not the place to make your arguments. Has anyone seen where getting argumentative with the cop turned the encounter around? Did Mom showing up and getting aggressive help the situation?
The venue for 4th amendment arguments isn't roadside with a patrol cop. I agree that some policies need to be looked at and changed. But arguing and getting aggressive with a traffic cop isn't going to help anyone.
So you can vape weed without an odor? If so, anyone driving around smoking pot should look into that.
Well, actually you are misstating both those rights. We must accurately state them before we can evaluate absoluteness.
Yes, I am referring in this context to our Consitutional rights.
The Second Amendment right, stated in its essence, is to keep and bear arms. The protection given is "shall not be violated." The weapons you posit are not limited in the Second Amendment, which only specifies "arms." It does not in any way limit "arms." It does in the nominative absolute clause give more information that the "arms" in view are in fact military ("militia") arms. In that sense the nature of the "arms" is not limited as you posit.
The First Amendment right, stated in its essence, is "Congress shall make no law . . . abridging the freedom of speech." The right is freedom of speech, while the protection is "Congress shall make no law." The prohibition against making law is in fact absolute with respect to abridging the freedom of speech. "No law" leaves no room for exception, Holmes' absurd reasoning in Schenk notwithstanding.
Which brings us to the subject of this thread, the Fourth Amendment.
Stated in its essence the right guaranteed by the Fourth Amendment is the right to be secure. The protection is "shall not be violated." For further understanding just fill in the blanks.
Whose right to be secure? "Of the people". That's easy enough. You are a person, I am a person, we are "the people."
To be secure against what? "Unreasonable search and seizure."
To be secure against unreasonable search of what? "In their persons, houses, papers, and effects." That's fairly well defined.
What defines the reasonability of a search? All following the comma after "shall not be violated."
"Shall not be violated" similarly leaves no wiggle room for exceptions in which one's right to be secure may be violated. Crucially, those exceptions must be satisfied in the Fourth Amendment itself to establish reasonablility of the search.
LOL go tell the TSA you have a 4th amendment right to not be searched and you have a ticket to board the plane. Millions are searched every year without warrant nor probable cause. Go tilt at that windmill awhile.....
That is a valid criticism of TSA procedures (with which I am naturally familiar.) If you are arguing that TSA procedures are right, then necessarily you are arguing that the Fourth Amendment is wrong. Is the TSA, an agency of the federal government, bound by the Fourth Amendment?
Just remember if your high and driving, the clues will always betray you, and in the end you can be charged with DUID (driving under the influence of drugs= jail, losing you drivers license or at least suspension.
I was picking up pizza at a little Ceasurs, fella walks in higher than a kite , sucking on a vape, and shows me his vape and tells me it’s thc and no odor, I was shocked that people are walking around, or worse driving, getting stoned, right in front of us.
Yeah, it was sort of a joke. Seems like the ability to determine if a driver is impaired by MJ is tough if they aren't crazy stoned.
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