cannabisnews.com: Supreme Court Limits Police Searches of Homes Supreme Court Limits Police Searches of Homes Posted by CN Staff on March 22, 2006 at 10:53:52 PT By The Associated Press Source: Associated Press Washington, DC -- The Supreme Court ruled Wednesday that police without a warrant cannot search a home when one resident says to come in but another tells them to go away, and the court's new leader complained that the ruling could hamper investigations of domestic abuse.Justices, in a 5-3 decision, said that police did not have the authority to enter and search the home of a small town Georgia lawyer even though the man's wife invited them in. The officers, who did not have a search warrant, found evidence of illegal drugs.The Supreme Court has never ruled on whether the Constitution's ban on unreasonable searches covers a scenario when one home occupant wants to allow a search and another occupant does not.The ruling by Justice David H. Souter stopped short of fully answering that question -- saying only that in the Georgia case it was clear that Scott Fitz Randolph was at the door and objected to the officers entry.In his first written dissent, Chief Justice John Roberts said that ''the end result is a complete lack of practical guidance for the police in the field, let alone for the lower courts.''The case fractured a court that has shown surprising unanimity in the five months since Roberts became chief justice. Justices swapped barbs in their writings, with Souter calling Roberts' view a ''red herring.''Justices Antonin Scalia and Clarence Thomas filed separate dissents, and Justice John Paul Stevens and Stephen Breyer wrote their own opinions to explain their votes in favor of the man whose home was searched.Stevens said that ''assuming that both spouses are competent, neither one is a master possessing the power to override the other's constitutional right to deny entry to their castle.''Georgia had asked the court to allow it to use evidence obtained in the 2001 search in Americus, Ga., that followed a police domestic dispute call.Randolph and his wife, Janet, were having marital troubles. She led officers to evidence later used to charge her husband with cocaine possession. That charge was on hold while the courts considered whether the search was constitutional.Georgia's Supreme Court ruled for Scott Randolph, and the high court agreed.''This case has no bearing on the capacity of the police to protect domestic victims,'' Souter wrote. ''No question has been raised, or reasonably could be, about the authority of the police to enter a dwelling to protect a resident from domestic violence; so long as they have good reason to believe such a threat exists.''Justice Samuel Alito did not participate in the case, because he was not on the court when it was argued.The case is Georgia v. Randolph, 04-1067.On the Net:Supreme Court: http://www.supremecourtus.gov/Text: Opinion (Georgia v. Randolph): http://laws.findlaw.com/us/000/04-1067.htmlSource: Associated Press (Wire)Published: March 22, 2006Copyright: 2006 Associated Press CannabisNews Justice Archiveshttp://cannabisnews.com/news/list/justice.shtml Home Comment Email Register Recent Comments Help Comment #33 posted by jose melendez on March 23, 2006 at 08:32:39 PT an unsolicited public word of advice Herbdoc and others: Be sure to get video that belongs to you, a camcorder works, if tape is too pricey connect the video and audio cables from the camcorder to the video input of an old vcr and record in SLP mode if needed, you can get 6 to 8 hours depending on the VHS length.Make sure you test with a monitor downstream of the vcr and DO use AC power, not just battery for the camcorder.This way you will at least have audio backup in case your words are taken out of context, certainly if the original camcorder tape (yes, you can and should do both) is any good, they might need your angle in post production or for promotion. [ Post Comment ] Comment #32 posted by Toker00 on March 23, 2006 at 03:00:14 PT Thanks, siege "We don't know how they do this but they are probably promoting the closure of the wound."Can you say, "Healing Herb"?Yeah, that's how they are when they get Famous, FoM. You never see them again. LOL. Just kidding. Herbdoc will have his hands full putting his story on cellulose. I am getting anxious thinking about a film depicting the life of a cannabist. No doubt it will be very good.Have a good day.Wage peace on war. END CANNABIS PROHIBITION NOW! [ Post Comment ] Comment #31 posted by mayan on March 22, 2006 at 18:28:38 PT Charlie Sheen & 9/11 I guess he was on CNN tonight talking about the 9/11 cover-up. I missed it! There should be some video in the next day or two. Lombar,imho exposing the 9/11 inside job is the only way to stop the PNAC agenda.THE WAY OUT IS THE WAY IN...Dam Break for "9/11 Truth?" - Webster Tarpley and Charlie Sheen hit the Mainstream: http://www.free-press-release.com/news/200603/1143065487.html9/11 Breakout: Message from Webster Griffin Tarpley Can we unify??? http://www.911blogger.com/2006/03/911-breakout-message-from-webster.htmlThe Ground Zero Grassy Knoll: A new generation of conspiracy theorists is at work on a secret history of New York’s most terrible day: http://www.nymag.com/news/features/16464/index.html [ Post Comment ] Comment #30 posted by runderwo on March 22, 2006 at 18:28:07 PT miners "The measure is aimed at improving safety in Kentucky mines by keeping workers who abuse drugs out of underground workplaces."Use=abuse? Of course."The screenings would be required before miners are hired. Miners would then be randomly tested after they begin work. Coal miners who test positive for drugs would have their certification revoked."For *illegal* drugs."Three years ago, marijuana was found at the scene of a blasting accident that killed one man and seriously injured another in a Floyd County underground mine. An employee told investigators he saw miners snorting crushed painkillers."Of course, we will be testing for marijuana and other *bad*, *illegal* drugs, not for legal commercial pharmaceuticals. [ Post Comment ] Comment #29 posted by ekim on March 22, 2006 at 18:22:53 PT upcomming events http://www.onlinepot.org/misc/events.htmMarch 29, 6:00pm, New York, NY, "Drug Policy for the Union Man," forum for members of the Local 375 District Council 37, presented by LEAP, DPA, CJPF and ReconsiDer. At 125 Barkley St., two blocks north of Old World Trade Center, contact Mike Smithson at (315) 243-5844 or speakers leap.cc">speakers leap.cc for further information. www.leap.cc/events --------------------------------------------------------------------------------March 30, 8:00pm, Los Angeles, CA, MPP Party at the Playboy Mansion, tickets $500, visit http://mppplayboyparty.kintera.org/faf/home/default.asp?ievent=153214 for further information. --------------------------------------------------------------------------------April 2-8, St. Louis, MO, speaking tour by LEAP spokesperson Howard Wooldridge. Contact Mike Smithson at (315) 243-5844 or speakers leap.cc for further information. --------------------------------------------------------------------------------April 5-8, Santa Barbara, CA, Fourth National Clinical Conference on Cannabis Therapeutics. Sponsored by Patients Out of Time, details to be announced, visit http://www.medicalcannabis.com for updates. --------------------------------------------------------------------------------April 7, Charleston Beach, SC, launch of "Journey for Justice Number Seven: Cross Country Bicycle Ride for Medical Marijuana Safe Access," by medical marijuana patient Ken Locke. Visit http://www.angelfire.com/planet/bikeride/ for further information. [ Post Comment ] Comment #28 posted by FoM on March 22, 2006 at 18:13:35 PT News Brief from United Press International DNA Separates Hemp From Marijuana Plants***March 22, 2006 MINNEAPOLIS, March 22, 2006 (UPI) -- Two University of Minnesota scientists have become the first to unequivocally separate hemp plants from marijuana plants by using genetic markers. Hemp, a crop grown for fiber and seed, and marijuana, the most popular illegal drug in the United States, both belong to the species Cannabis sativa. They differ in levels of the psychoactive drug tetrahydrocannabinol, or THC, but are otherwise difficult to tell apart. The study's authors -- George Weiblen, a Minnesota professor of plant biology, and Shannon Datwyler a postdoctoral associate who is on the faculty of California State University-Sacramento -- say the new DNA "fingerprinting" technique holds promise for distinguishing different domesticated plant lines in U.S. criminal cases. It may also prove useful in nations where the cultivation of hemp is permitted, but marijuana is illegal, as in Canada and Europe. The study appears in the March issue of the Journal of Forensic Science. Copyright 2006 United Press International http://www.postchronicle.com/news/science/article_21211447.shtml [ Post Comment ] Comment #27 posted by ekim on March 22, 2006 at 17:37:18 PT good luck Toker00 FRANKFORT, Ky. doing pee tests --for herb but tobacco ok.Marc Emery: One of the great values of marijuana is its utility in making boring routine work invigorating. It may sound odd to many, but you can handle serious responsibilities using pot and it may enhance your performance. The proof of competence is always performance, thats why urine testing is completely wrong. People need to be urine tested because no incompetence was visible at the actual performance level! That is the fraud of urine testing. It detects lifestyle but not performance! google noliemri [ Post Comment ] Comment #26 posted by siege on March 22, 2006 at 17:33:27 PT cannabinoids might well promote wound healing 22 March 2006 DRUG'S GUT REACTIONCANNABIS may help combat problems such as intestinal ulcers and Crohn's disease.Researchers said they found the drug helped the surface cells of the bowel survive in laboratory experiments.Drugs expert Dr Karen Wright, of Bath University, said: "That means that cannabinoids might well promote wound healing in patients with Crohn's disease and ulcerative colitis."We don't know how they do this but they are probably promoting the closure of the wound."She said the team were planning a clinical trial. http://tinyurl.com/g6gm8 [ Post Comment ] Comment #25 posted by FoM on March 22, 2006 at 16:39:01 PT Toker00 You dog isn't only a dog. She is as unique as any individual. I have never had two dogs with the same traits in the same breed. [ Post Comment ] Comment #24 posted by FoM on March 22, 2006 at 16:32:38 PT Toker00 I just e-mailed Linda today. I will let you know when I hear from her. We are getting ready to write so I want to know more about how he is and how Linda is. Museman is making music. Here's his new song. It's acoustic and we really like it. It's called To This Moment. I haven't seen Herbdoc in a long time. http://www.terryhubbard.com/T/ [ Post Comment ] Comment #23 posted by Toker00 on March 22, 2006 at 16:28:36 PT Thank you, FoM. That's a pretty dog. You are so kind. I know my pets are "only" dogs, but it is SO hard not to get attached to them, same as a person, really. Toke. [ Post Comment ] Comment #22 posted by Toker00 on March 22, 2006 at 16:24:54 PT Mrs. runruff... I haven't seen Linda post lately. Jerry should have just now gotten my second letter. Are things alright? Does anyone know anything? Museman? herbdoc?I really enjoyed your post lombar. I love it when someone recognizes the BIG PICTURE.Toke. [ Post Comment ] Comment #21 posted by FoM on March 22, 2006 at 16:24:16 PT Toker00 I believe in saying prayers for our pets. They are our companions. I will do that for you and your pet. This picture is the only one I have online of the dog we saved from being put to sleep. We took her to the Vets and had her spayed. She is fat and sassy now. The drugs they use will keep her from having pain. http://www.freedomtoexhale.com/sassy.jpg [ Post Comment ] Comment #20 posted by Toker00 on March 22, 2006 at 16:17:55 PT I'm so sick of this cannabis prejudice. "Three years ago, marijuana was found at the scene of a blasting accident that killed one man and seriously injured another in a Floyd County underground mine. An employee told investigators he saw miners snorting crushed painkillers."Of course it was the marijuana that caused the accident. Everyone knows snorting pain killers will keep you alert and attentive. Drug tests won't expose the pill sniffers. But that marijuana won't hurt another miner. (Or heal them. Or enlighten them.)My little girl dachsund is going under the vet's scapel tomorrow. My wife assures me she will be fine. I am so worried. Molly Jane is my little Arkansan hound and Elvis is my Galveston Islander. Dachsunds are far more emotional than most hounds. They cry. Their eyes get red and they CRY! They care for one another, and sense when one is not well. Elvis has been tailing her, and loving and kissing her. Can I have just a little prayer for her? I want to see her get old and fat. I think this happens naturally when one gets spayed? I don't know. I just love her and won't see her for a couple days. I guess I'm feeling sorry for myself cause she won't be here with us for a couple days. I gotta stop that. Wage peace on war. END CANNABIS PROHIBITION NOW! [ Post Comment ] Comment #19 posted by FoM on March 22, 2006 at 15:36:30 PT Political Solution To Coal Mine Safety Issue Senate Passes Bill To Require Drug Testing for Coal Miners***March 22, 2006 FRANKFORT, Ky. (AP) — A bill that would require drug screenings for coal miners won unanimous approval in the Kentucky Senate on Wednesday.The Senate made only a minor change to the version that passed the House previously. The measure returns to the House for what could be a final vote.The measure is aimed at improving safety in Kentucky mines by keeping workers who abuse drugs out of underground workplaces. The screenings would be required before miners are hired. Miners would then be randomly tested after they begin work. Coal miners who test positive for drugs would have their certification revoked.Three years ago, marijuana was found at the scene of a blasting accident that killed one man and seriously injured another in a Floyd County underground mine. An employee told investigators he saw miners snorting crushed painkillers.In a series of public meetings over the past year, state regulators heard from coal operators and miners who said drug abuse had become widespread and needed to be dealt with.Copyright 2006 Associated Press [ Post Comment ] Comment #18 posted by whig on March 22, 2006 at 14:03:47 PT Hope We're all such little children aren't we? :) [ Post Comment ] Comment #17 posted by Hope on March 22, 2006 at 13:55:36 PT Forgive me... Rambling WhigRamble onWhere you rambleKnow one knows.Wild and windblown!That's how you've grown.Ramble on Rambling Whig.Ramble on. [ Post Comment ] Comment #16 posted by Hope on March 22, 2006 at 13:53:41 PT Ramble on rambling Whig. That sounds scarier than Rambling Rose, doesn't it? [ Post Comment ] Comment #15 posted by whig on March 22, 2006 at 13:45:41 PT lombar The pen is mightier than the sword, and the internet is our "weapon of mass distribution." [ Post Comment ] Comment #14 posted by whig on March 22, 2006 at 13:43:08 PT lombar Loose Change - just finished watching.Solid presentation.I wish I knew what to say. Reichstag. Back and to the left. There's nothing really new in the world. I'm glad some people keep questioning, and documenting, and figuring it out.I can only do what I do. If I trade in despair, it would overwhelm me, I could not do what I do. If I focus on what they are doing to control, to destroy, then I give them power over my attention. So I look over there once in awhile, I pay it some attention, but I don't spend my days on what they are up to. I'm more involved in what we're doing!But none of us can do it all. We can only each, individually, do what we do. The folks who make these films, they are doing good things too.Sorry if I'm rambling at the moment, just sort of stream of consciousness coming off that film. [ Post Comment ] Comment #13 posted by lombar on March 22, 2006 at 12:27:48 PT Our weapons Are pens and words. Our goads are ideas and concepts. Against which is arrayed armies of iron and steel, cold laws based in throwbacks to less enlightened times, enthralled by various means from debt to fear...I don't really 'discard' the other words in the bible... I just like to concentrate on the fundementals. I had a physics prof who stressed that. "Whenever you have a problem, simple or complex, always go back to first principles." Every lecture I attended was that applied to the various subjects. You can derive the solutions for any problems with a few basic principles and equations.I only got a C- in the first course I took with him. His real passion was astronomy and cosmology and I think that is why I liked him so much. I took a 3rd year course with him, astronomy and astrophysics and I think I got a B in that.. despite other bad stuff going on at the time in my life.. One of the first books I was ever given was an old 1960s book called the 'ABCs of Astronmy', cosmology sits right beside religion and is one to some. Origins of the cosmos and the subsequent study and real mind benders. They asks the same questions the priests ask... why is all this stuff here? what is it? where did it come from? what is its fate? is there anything more? It's funny the things you remember sometimes, when you think back to people who have inspired you in life. I did not do that well in first year physics, I was a bit overwhelmed with the course load. Calculus at 8:30am, followed by physics and then chemistry. The things that stick with you form and mold your thoughts. First principles but not necessarily by first guy who thought to write them down... Clues Point to Universe's Inflation [ Post Comment ] Comment #12 posted by Hope on March 22, 2006 at 12:21:49 PT By the way, people. The "forge" has been burning extra hot...even brighter, perhaps than usual over at Pete's place, Drug WarRant. [ Post Comment ] Comment #11 posted by Hope on March 22, 2006 at 12:19:11 PT "Being", "Becoming" A new personal "best".Getting to those "new" personal bests can be as grueling as birth. [ Post Comment ] Comment #10 posted by Hope on March 22, 2006 at 12:17:22 PT "maturing" That's one way of saying it."Blooming"...becoming all that he can be. Lots of things you can call it...but it's beautiful to see.If there is a non-imaginary entity that cares for us and has strange power in this world...surely he must be pleased with what he's seeing in Marc, too.He, the I AM, does, I think, like to "develop" us and has pleasure in good developments. Like any entity that loves like a parent...I think he likes to see good character developing and showing in those he loves. [ Post Comment ] Comment #9 posted by FoM on March 22, 2006 at 11:55:25 PT Hope I noticed that Marc seems to be maturing. Is that the right way to say it? [ Post Comment ] Comment #8 posted by Hope on March 22, 2006 at 11:53:13 PT "meekness, temperance" Like "pills" that Marc of the Seed took. [ Post Comment ] Comment #7 posted by Hope on March 22, 2006 at 11:51:54 PT "gentleness" Our "goads" are gentle. [ Post Comment ] Comment #6 posted by Hope on March 22, 2006 at 11:50:26 PT "longsuffering" We've got that one down pretty good. [ Post Comment ] Comment #5 posted by FoM on March 22, 2006 at 11:48:49 PT Lombar Fruit of the SpiritGalations 5:22-23 But the fruit of the Spirit is love, joy, peace, longsuffering, gentleness, goodness, faith, meekness, temperance: against such there is no law. [ Post Comment ] Comment #4 posted by Hope on March 22, 2006 at 11:43:03 PT Take DankHank for instance.... That man has collected a stunning array of powerful goading devices. They aren't all pain free, either. It's emotionally painful for some people to finally understand a truth they've been avoiding for years. [ Post Comment ] Comment #3 posted by Hope on March 22, 2006 at 11:41:13 PT Lombar "I bet folk around here say 'the government is lying' YAWN... but the US citizenry really have to do something..."I bet folks around here have been honing and testing their goading devices for years. [ Post Comment ] Comment #2 posted by lombar on March 22, 2006 at 11:29:21 PT This will wake you up in the morning!!! Kinda off topic ;)Perhaps this has floated by here but I just watched a video entitled 'Loose Change' and it is quite compelling. It's about the cadre of unanswered questions surrounding the events of 911. They draw no conclusions but make a great case that the official story is a pack of lies. I bet folk around here say 'the government is lying' YAWN... but the US citizenry really have to do something...I have found a lot of metaphorical truth in the Bible, but I really discard most but the red letters. Were I to apply the notion that the the whole 'Revelation' were metaphorical, I would then have to try and find the modern day equivelant of the 'Beast' of revelation. Since all the 'books' seem to promote love, compassion, over hatred and greed, fellowship and virtue over rancor and discord, I have to conclude that goodness is an absence of greed, hate and the presence of love and compassion. Christian teachings include generosity, charity, honesty, faithfulness...The beast then is the greed in mens hearts, the hate that kills, and the delusions that drive the former. To overcome greed, a buddhist is encouraged to be generous. Christ said "give to them that ask, to them that would borrow, turn thou not away."To overcome hate, a buddhist is encouraged to generate feelings of loving-kindess(metta) and compassion (karuna?). "love thine enemies, should they smite you on one cheek turn the other to them."Ultimately the goal is to overcome craving and have peace. (psalm 23) "I shall not want" ... thou shalt not covet... the themes are the same. The goal is the same. If we take anything from this world into the next it is not material... if we carry the karma of a million million lifetimes, this to is immaterial.Each individual must overcome their own 'delusions' or wrong-views of the nature of reality to achieve 'nirvanna', 'kingdom of heaven' and peace. They call this the 'deathless' state or somesuch but being a christian I think " To him who overcometh I give drink of the water of eternal life"...To chain the beast we must chain the greed, the hate, and most especially the delusions that permit the ongoing disaster we call the 'world'. Loose Change [ Post Comment ] Comment #1 posted by FoM on March 22, 2006 at 11:20:00 PT Related Article: New York Times Supreme Court Limits Police Searches of Homes ***By David StoutWASHINGTON -- March 22 — A bitterly split Supreme Court, ruling in a case that arose from a marriage gone bad, today narrowed the circumstances under which the police can enter and search a home without a warrant.In a 5-to-3 decision, the justices sided with Scott F. Randolph of Americus, Ga., who was charged with cocaine possession in 2001 after his wife, Janet, called the police during a domestic dispute, complained that her husband was using cocaine and then led the officers to a bedroom, where there was evidence of cocaine abuse.The issue before the justices was whether the police can search a home without a warrant if one occupant gives consent but another occupant, who is physically present, says "no." The majority held today that at least under some circumstances, such a search is invalid."Scott Randolph's refusal is clear, and nothing in the record justifies the search on grounds independent of Janet Randolph's consent," Justice David H. Souter wrote for the majority. He was joined by Justices John Paul Stevens, Anthony M. Kennedy, Ruth Bader Ginsburg and Stephen G. Breyer.The result for Mr. Randolph, a lawyer, is that the cocaine-related evidence seized by the police and used to prosecute him must be thrown out, a conclusion that the Georgia Supreme Court reached earlier when it declared that since both marriage partners "had common control and authority" over the premises, the consent of both was needed to conduct a search without a warrant.Justice Souter said a finding for Mr. Randolph — in the specific circumstances that marked this case — was compelled by Fourth Amendment principles against unreasonable searches and seizures. But Chief Justice John G. Roberts Jr., the main dissenter, bitterly disagreed, as he and Justice Souter exchanged darts in writing.Chief Justice Roberts said the result of the majority's conclusion "is a complete lack of practical guidance for the police in the field, let alone for the lower courts." Justice Antonin Scalia joined the chief justice's dissent and wrote one of his own, as did Justice Clarence Thomas.Justice Samuel A. Alito Jr. took no part in the case, since he joined the court after it was argued.On July 6, 2001, Mrs. Randolph complained to the police that after a fight, her husband had taken their son away. When the officers reached the house, she told them her husband was a cocaine user whose habit had caused financial difficulties, Justice Souter recounted. (Mr. Randolph denied cocaine use, countering that it was his wife who abused drugs and alcohol.)As it turned out, Mr. Randolph returned to the house just after the police arrived, explained that he had taken the child to a neighbor's place and — most importantly — "unequivocally refused" permission for the police to search the house.But having already been given permission by Mrs. Randolph, the officers searched anyway and found traces of what appeared to be cocaine. An officer bagged that evidence and, at the direction of the district attorney's office, stopped searching until a warrant could be obtained. With the search warrant, the police re-entered the house and found still more evidence of drug use, on the basis of which Mr. Randolph was indicted.Justice Souter said nothing in today's ruling would bar the police from entering a house, with or without warrant, under different situations — to protect a person from harm or to catch a fleeing suspect, for example. Justice Souter noted that prosecutors did not maintain that Mrs. Randolph told the police that she needed protection.But Chief Justice Roberts was not persuaded. "The possible scenarios are limitless, and slight variations in the fact pattern yield vastly different expectations about whether the invitee might be expected to enter or go away," he said."Such shifting expectations," he wrote, "are not a promising foundation on which to ground a constitutional rule."Justice Souter countered by labeling some of Chief Justice Roberts's concern a "red herring." And alluding to the chief justice's complaint that the majority did not address what would happen if there were a third household occupant involved, Justice Souter said, "We decide the case before us, not a different one."Copyright: 2006 The New York Times Company URL: http://www.nytimes.com/2006/03/22/politics/22cnd-scotus.html [ Post Comment ] Post Comment