If a homeowner voluntarily allows the police to search, it's not a violation of his rights. Agreed on that.
The point is that the Miranda exceptions are being too loosely applied, where it is supposed to be a narrow exception. The idea is to enable actions against imminent threats, not to conduct fishing expeditions when no legitimate threat exists any longer.
The "War on Terror" has claimed at least half of the bill of rights, plus other long-standing legal traditions, such as the right for habeus corpus.
Off the top of my head...
1st Amendment. Misuse of secrecy laws and intimidation of publications not to protect means and methods, but the actual conduct of affairs in government. We don't even know what we don't know as far as what the government is doing in our name.
4th. Unreasonable search and seizure. Warrantless wiretaps. Surveillance of Americans' emails. Legalization of "black bag jobs" (secret search warrants--i.e. break-ins) with a rubber stamp of judicial approval.
5th. Denial of counsel. Torture to obtain confessions. Don't say it's not torture--when our enemies have used those techniques against us, that's what we called it.
6th. I don't think indefinite detention is a speedy trial. Denial of counsel again. Not allowing defendants, when they do have trials, to confront accusers or see the evidence against them.
8th. Cruel and unusual punishment. Yeah, the torture thing again.
An overreaction following 9/11 was understandable. However, we've had over 10 years to fine tune these laws, yet the government has not given up any of the powers it was given following 9/11.
If we keep eroding our rights, what makes America a place worth defending?
The point is that the Miranda exceptions are being too loosely applied, where it is supposed to be a narrow exception. The idea is to enable actions against imminent threats, not to conduct fishing expeditions when no legitimate threat exists any longer.
The "War on Terror" has claimed at least half of the bill of rights, plus other long-standing legal traditions, such as the right for habeus corpus.
Off the top of my head...
1st Amendment. Misuse of secrecy laws and intimidation of publications not to protect means and methods, but the actual conduct of affairs in government. We don't even know what we don't know as far as what the government is doing in our name.
4th. Unreasonable search and seizure. Warrantless wiretaps. Surveillance of Americans' emails. Legalization of "black bag jobs" (secret search warrants--i.e. break-ins) with a rubber stamp of judicial approval.
5th. Denial of counsel. Torture to obtain confessions. Don't say it's not torture--when our enemies have used those techniques against us, that's what we called it.
6th. I don't think indefinite detention is a speedy trial. Denial of counsel again. Not allowing defendants, when they do have trials, to confront accusers or see the evidence against them.
8th. Cruel and unusual punishment. Yeah, the torture thing again.
An overreaction following 9/11 was understandable. However, we've had over 10 years to fine tune these laws, yet the government has not given up any of the powers it was given following 9/11.
If we keep eroding our rights, what makes America a place worth defending?