Qwertz Posted June 16, 2006 Report Share Posted June 16, 2006 (edited) I'm sure it's not coincidence that the best example of the latter situation [destruction of evidence] is drug enforcement. I'm sure there are other examples, but I'm having difficulty thinking of them with that big one in the way. -Q Edited because of page break. Edited June 16, 2006 by Qwertz Quote Link to comment Share on other sites More sharing options...
Groovenstein Posted June 16, 2006 Author Report Share Posted June 16, 2006 (edited) The bottom of page 4, top of page 5 of the PDF explains that knock and announce is not required when (1) circumstances present a threat of physical violence, (2) there is reason to believe that evidence would likely be destroyed if advance notice were given, or (3) knocking and announcing would be futile. The court stated further that only reasonable suspicion under the circumstances for one of these grounds is required. The showing is not high. It cited to Richards v. Wisconsin. [Edit: I just skimmed Richards. The Wisconsin Supreme Court had created a per se exception to the rule for felony drug cases. In other words, the police never had to knock and announce for a felony drug case. http://forum.objectivismonline.com/uploads/emoticons/default_smile.png' alt=':)'> Good thing SCOTUS didn't go that route, although I have my doubts about the reasonable suspicion "standard.] Edited June 16, 2006 by Groovenstein Quote Link to comment Share on other sites More sharing options...
softwareNerd Posted June 19, 2006 Report Share Posted June 19, 2006 Rapanos might be pretty limited. However, I think it might be very telling to see what the current Court has to say about the Commerce Clause, since two of three dissenters in Raich are now gone.The SCOTUS ruled in favor of the land-owner. As such, it's a good ruling and will probably help other land-owners in a similar situation. Was there any other change of principle, that may be more widely applicable? Quote Link to comment Share on other sites More sharing options...
Groovenstein Posted June 22, 2006 Author Report Share Posted June 22, 2006 Sorry, man, but that ruling is 104 pages, I'm a little behind on my bar review, and I'm getting ready to go back to MA on Saturday. I don't know when I can get to this. Quote Link to comment Share on other sites More sharing options...
softwareNerd Posted June 22, 2006 Report Share Posted June 22, 2006 It's interesting how articles have spun the decision both ways: some say it's a defeat for the Clean Water Act, while others say it is a blow to property rights. That's probably testimony to the narrow scope of the ruling. On the one hand, the property owner won the case, and the government lost. On the other hand, the reasoning behind the "fifth judge's" vote seems to have been really narrow -- basically about whether this particular wetland affects other water. Some conservative judges said that a wetland that was connected to a regulated waterway can be regulated; else not. That was too "lenient" for Justice Kennedy. He's happy with the idea that all that must exist is a “significant nexus”. The government can probably come back with more precise rules that define what is and is not considered a “significant nexus”. That would put property owners back to where they were. The ruling does give some property owners a break for now. I wonder how many these are -- as a percentage of all those being bullied. Is it a small number? Or would the government find it difficult to show a “significant nexus” for a whole lot of wetlands? Quote Link to comment Share on other sites More sharing options...
Groovenstein Posted June 29, 2006 Author Report Share Posted June 29, 2006 my initial reaction that this case will beat the odds by getting affirmed. So much for that. Court decides Hamdan in favor of Hamdan. Vote was 5-3. The PDF is 180-something pages, and there is just an infinitesimal chance of me getting to it. So read it yourself or read news coverage, then comment here. It is probably safe to say that this is one of the most landmark cases on presidential power in history. Quote Link to comment Share on other sites More sharing options...
Vladimir Berkov Posted July 3, 2006 Report Share Posted July 3, 2006 It is probably safe to say that this is one of the most landmark cases on presidential power in history. I haven't read the case in full yet, but from what I can figure out this case is a "landmark" more in its political implications rather than its legal ones. The case seems solidly built on Jackson's 3-part test which has existed ever since his opinion in Youngstown in 1952. Quote Link to comment Share on other sites More sharing options...
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