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Old 03-25-2006, 04:31 PM   #61
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Originally Posted by phinz
The fact of the matter is, we cannot arrest people based on what they "might" do. We can only arrest them for what is illegal. It's not illegal to drink. We "might" get in the car and drive, though. Should we be pre-emptively arrested before we ever get in the car? No. We are only arrested when we do drink and drive, because the act of driving drunk is the illegal act, not the act of "might" kill somebody while driving drunk.
Actually this is not true. Just this past week police arrested people in a hotel bar for being drunk because they might endanger peoples lives when the decided to leave the bar. I think this was in Texas, but I might be wrong about that. Now if you want to get technical they were arrested for being drunk in public which is a crime, but the reason the cops gave that that they might endanger the safety of others.

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Old 03-25-2006, 05:51 PM   #62
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If they go to the judge and say "We arrested them because they *might* have been a danger" it will get knocked down in court. If not, I'm willing to bet the ACLU will take up the case.

*BUT* you are saying that they were arrested for being drunk in public. They were arrested for something that is against the law. If that is the case, they were *not* arrested merely because they *might* be a danger. The police were just running their mouths.

Yeah. I want to get technical, because in matters of law, technical is *very* important. It's what keeps tyrants at bay. This isn't an abolute monarchy where the king can hold you for no reason. If you are arrested you have to be arrested for suspicion of an actual crime.

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Old 03-26-2006, 11:22 PM   #63
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phinz, we need to go hiking. there's nothing like a bunch of buddies, lots of beer and steaks, big fire, great music, dueling viewpoints on anything you can bring up.

there's so many ways to argue both sides of any issue, and as in everything, a balance is the way. also, understanding that a democracy is a living breathing thing. it must be exercised, or it grows fat and slow. even cancerous.
but i do have to say that ya gotta have faith, in a democratic people, if nothing else.
and it is important that people constantly are open to hearing as many viewpoints as they can stand.
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Old 03-28-2006, 04:52 PM   #64
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I'll buy the first round.

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