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-   -   What Fourth Amendment? (http://www.peachparts.com/shopforum/showthread.php?t=348366)

link 01-01-2014 02:45 PM

Quote:

Originally Posted by t walgamuth (Post 3263350)
Really poor choice of words.

Why?

MS Fowler 01-01-2014 02:52 PM

from link's link:
The law states: “No person shall knowingly operate, possess, or use a vehicle with a hidden compartment with knowledge that the hidden compartment is used or intended to be used to facilitate the unlawful concealment or transportation of a controlled substance.”

Group that with "All men are potential rapists because the have the equipment"

Or All women are prostitutes because they have the required equipment"

Can a law like this really stand a court challenge? Whatever happened to the presumption of innocence?

Botnst 01-01-2014 02:59 PM

If we do away with the law then the drug traffickers win.

MTI 01-01-2014 03:01 PM

Quote:

Originally Posted by MS Fowler (Post 3263488)
Can a law like this really stand a court challenge? Whatever happened to the presumption of innocence?

I believe it can, since the state must establish that the accused knowingly operated, possessed, or used a vehicle with a hidden compartment with knowledge that the hidden compartment is used or intended to be used to facilitate the unlawful concealment or transportation of a controlled substance.”

Pretty high standard for a conviction.

Botnst 01-01-2014 03:03 PM

Were Appalachian bootleggers busted with similar laws?

Idle 01-01-2014 03:29 PM

Quote:

Originally Posted by MS Fowler (Post 3263488)
from link's link:
The law states: “No person shall knowingly operate, possess, or use a vehicle with a hidden compartment with knowledge that the hidden compartment is used or intended to be used to facilitate the unlawful concealment or transportation of a controlled substance.”

Group that with "All men are potential rapists because the have the equipment"

Or All women are prostitutes because they have the required equipment"

Can a law like this really stand a court challenge? Whatever happened to the presumption of innocence?

And like all criminal laws the issue is one of intent. The People must prove intent on the part of the accused.

All men might have the equipment, but do they have the intent? The answer, until proven to a Jury by the state, is no.

Idle 01-01-2014 03:31 PM

Quote:

Originally Posted by Botnst (Post 3263502)
Were Appalachian bootleggers busted with similar laws?

Pretty much, but there was always a bit of shine left in the tank when they were caught. It only took a few drops to be found guilty of evading taxes.


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