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Landowner Sues After State Searches Property Without Warrant or Consent

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Re: Landowner Sues After State Searches Property Without Warrant or Consent

#61
post #31

Earlier quoted context omitted.

You are torn on whether or not a state agent should be able to supercede constitutionally-granted inalienable rights because it may impede their duty?

4th amendment rights ok whatever… but what about my ability to perform the duties written in my employee handbook?

Every employee handbook states that what is asked of you must be lawful.

Re: Landowner Sues After State Searches Property Without Warrant or Consent

#62
Well, that's sure some consequential news there.

I'm sure we'll see more important fishing license violation, constitutional law articles, here on ycombinator in the near future...

I guess this is all they have to worry about out in lake side Pennsylvania...

Re: Landowner Sues After State Searches Property Without Warrant or Consent

#63
post #41

I hope the landowner wins his case. Wildlife officers need to follow the Constitution.

I'm not getting the impression from the article that wildlife officers, a whole group of people, are running roughshod over the US Constitution.

Did you read this section?

“In open court, out loud, Officer Moon said he wasn’t bound by no-trespassing signs, and said he had a mandate to go anywhere. He is wrong because private property is sacred. The Fourth Amendment and its protection from search and seizure is the only thing standing between us and tyranny.”

No Monetary Gain

According to 12 words of Pennsylvania state code, PFBC officials have authority to “enter upon any land or water in the performance of their duties.” The statue provides wide latitude for PFBC to enter onto any property without consent, probable cause, or warrant—with no limits on duration, frequency, or scope.

Re: Landowner Sues After State Searches Property Without Warrant or Consent

#64

Earlier quoted context omitted.

Are the private schools forced to take any students? Or can they cherry pick just the best students? Do they reject anyone that needs an IEP? Public schools are legally obligated to provide an education to anyone, no matter how much trouble they cause. If these private schools take public coin, they should be required to follow the same laws.

When an airplane loses compression they instruct you to put your own mask on before you assist with other peoples'. School should be the same way. Education should not be lowest-common-denominator. My kids should not have less opportunity because other kids have greater challenges. Operating that way is ethical and humane.

Why should my tax dollars go to have your kids attend a non-public school, rather than the ones needing oxygen at a public one?

Re: Landowner Sues After State Searches Property Without Warrant or Consent

#65
post #41

I hope the landowner wins his case. Wildlife officers need to follow the Constitution.

I'm not getting the impression from the article that wildlife officers, a whole group of people, are running roughshod over the US Constitution.

If the power isn't being widely abused, then updating the law to better respect private property rights shouldn't be a problem. The state may actually gain some small amount of goodwill from the electorate by agreeing with the plaintiff.

Re: Landowner Sues After State Searches Property Without Warrant or Consent

#66
post #64

Earlier quoted context omitted.

When an airplane loses compression they instruct you to put your own mask on before you assist with other peoples'. School should be the same way. Education should not be lowest-common-denominator. My kids should not have less opportunity because other kids have greater challenges. Operating that way is ethical and humane.

Why should my tax dollars go to have your kids attend a non-public school, rather than the ones needing oxygen at a public one?

It's the same tax dollars. It's paying for kids to go to school. That's a public good. You want society to do this.

Why should your tax dollars only go to schools controlled by the state? Do you care that public schools in the US typically have worse outcomes and have to spend more per child to get there?

Re: Landowner Sues After State Searches Property Without Warrant or Consent

#67

I'm torn on this one: Should law enforcement need a warrant to search your property? Certainly. Seems obvious, right? Except this is a "conservation officer" who has been granted certain rights (by the state of PA) to: Enter upon any land or water in the performance of their duties. See: https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?... If they couldn't move between properties along shorelines they'd ha…

[dead]

Re: Landowner Sues After State Searches Property Without Warrant or Consent

#68
post #47

Earlier quoted context omitted.

That's shameful to do in the US, given our principles of justice. Maybe it was negligent rather than intentional. For example, the company might've just been using some form they got from an outsourced service. Or a lawyer might've made the form for them, but using an obnoxius template (as templates tend to be, AFAICT). So, when people are in this situation, they can try asking the company about it (a recruiter, HR c…

Our principles of justice? You are aware that we use incarceration as a source of slave labor for the government and private companies, right? That even after folks have served their time, we severely restrict their rights for the rest of their lives? I'm not trying to be an ass, but the US' principles of justice are universally fucked.

Note: This is a semantic argument. YMMV.

That sounds like you're talking about our practice of justice. It is, unquestionably, pretty fucked.

I would say that "our principles of justice," on the other hand, a) clearly include "innocent until proven guilty", which would preclude the above question from an employer, and b) pretty well condemn a lot of stuff in our practice of justice, as well, with prison labor high on the list.

Re: Landowner Sues After State Searches Property Without Warrant or Consent

#69

Earlier quoted context omitted.

Except he never actually entered the home... He knocked and then left. Also - despite the repeated attempts at implying it in the article, I really don't suspect the guy is there to creep on an elderly cancer patient in her bathroom. It sounds a lot like he's on land, which is not protected by the 4th, and he's there well within his scope of authority as granted by the state. No trespassing signs only apply to someon…

>He explicitly has permission from the state. The state can't give you permission to something that the federal government explicitly doesn't give you access to.

So show me where the federal government restricts access to land? Hint - it's not the 4th amendment...

Re: Landowner Sues After State Searches Property Without Warrant or Consent

#70
post #32
post #14

Earlier quoted context omitted.

Yes the idea that the govt is the best at everything (let alone schooling...)

I think that few (no?) people oppose vouchers on the theory that private schools provide an inferior education to public schools. They oppose them because most proposals would not (a) require private schools to accept the voucher as full tuition and fees and (b) require private schools to educate everyone regardless of disability, belief, etc. As currently posed, the voucher is a subsidy to already wealthy people who…

> I think that few (no?) people oppose vouchers on the theory that private schools provide an inferior education to public schools.

Frankly, I don't actually buy that all private schools are necessarily superior to public schools.

You're probably just thinking of elite private schools, of the type that rich people in NYC want to send their kids to, but there are plenty of other kinds of private schools out there.

The degree to which they have to meet any standards at all vary by jurisdiction.

Some are explicitly religious, and will not be teaching accurate history or biology because of that.

Some are based on experimental (to put it kindly) pedagogical theories that are not well-grounded in research or evidence (but have some wealthy people willing to buy into them).

Just because it costs more money to go to does not remotely guarantee that it will provide a better education.

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