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View Diary: Updated: Put Your Hands Up And Drop That Spinach (192 comments)

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  •  Since the 50's, actually n/t (2+ / 0-)
    Recommended by:
    DFWmom, Horace Boothroyd III
    •  doesn't the constitution explicitly say... (4+ / 0-)

      oh, fuck it.

      I want to see Snowden get a fair trial, an impartial jury, and the same sentence James Clapper gets for lying to Congress.

      by happymisanthropy on Wed Aug 14, 2013 at 12:16:13 PM PDT

      [ Parent ]

      •  That you have the right to face an accuser? (1+ / 0-)
        Recommended by:
        DFWmom

        It does.
        Said accuser will be the prosecutor who examined the evidence gathered under the warrant which was based on the anonymous tip.

        No need for tipster to present testimony, therefore no conflict

        •  asdf (2+ / 0-)
          Recommended by:
          Horace Boothroyd III, DFWmom
          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.[1]

          I want to see Snowden get a fair trial, an impartial jury, and the same sentence James Clapper gets for lying to Congress.

          by happymisanthropy on Wed Aug 14, 2013 at 12:35:27 PM PDT

          [ Parent ]

          •  The Oath and Affirmation there refers (0+ / 0-)

            to the affadavit filed by the DA or cops or whatever.  If the warrant was issued on an anonymous tip, the real way to attack it would be through a lack of probable cause.

            •  ...which nullifies the whole point (1+ / 0-)
              Recommended by:
              Calamity Jean

              if they can just say "I swear I have probable cause, but I can't tell you what it is," then it's fucking pointless to require an oath.

              Note that there's a difference between an anonymous tip and a name temporarily withheld under a sealed affidavit.  The whole point of that language was to prevent anonymous tips from ever being confused with probable cause.

              I want to see Snowden get a fair trial, an impartial jury, and the same sentence James Clapper gets for lying to Congress.

              by happymisanthropy on Wed Aug 14, 2013 at 05:44:51 PM PDT

              [ Parent ]

              •  Not quite. (0+ / 0-)

                The officer or DA would attest to the fact that they had received an anonymous tip in the affadavit -- they can't just swear that probable cause has been met.  However, if a warrant was authorized on that pitiful level of cause, a lawyer would likely get it tossed because -- unless you're dealing with some kind of immenent-danger situation like they got a tip that you had a kid who was recently abducted in your custody -- that's just not enough probable cause on its own.  

                In almost all cases, an anonymous tip -- or even a slew of them -- isn't enough reason for a warrant.  It's a good reason to begin an investigation, but they'd want at least a couple of more incriminating data points before going to a judge, because judges really hate having their warrants thrown out.

              •  Who Do They Think They Are, The NSA? (0+ / 0-)
                if they can just say "I swear I have probable cause, but I can't tell you what it is," then it's fucking pointless to require an oath

                On the Internet, nobody knows if you're a dog... but everybody knows if you're a jackass.

                by stevemb on Thu Aug 15, 2013 at 07:08:19 AM PDT

                [ Parent ]

    •  Generally not. (1+ / 0-)
      Recommended by:
      Calamity Jean

      Not saying that it doesn't happen, but in all but the shittiest jurisdictions they're gonna try and get -something- to back it up, even if they have to go through your garbage to find a single pot seed or something, or looking at your electrical use, or the fact that you're not doing any outdoor gardening but seem to go through a good deal of fertilizer and potting mix...it'd just be too easy to get a warrant based on a single anonymous tip thrown out, even if the cops -did- find a massive grow or drug lab or whatever.  

      Now, in this case, the cops technically -did- do their due diligence with the helicopter surveillance, they just misinterpreted it (possibly willfully.)  

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