Could Adam Kokesh arrest turn into Supreme Court case?

[John Taylor]

A warrant is not necessary to search an automobile if the law enforcement officer has probable cause to believe that evidence or contraband is located in the vehicle.

Court cases:

Carroll v. United States, 267 U.S. 132 (1925)


Chambers v. Maroney, 399 U.S. 42 (1970)


Almeida-Sanchez v. United States, 413 U.S. 266 (1973)


United States v. Ross, 456 U.S. 798 (1982)


California v. Carney, 471 U.S. 386 (1985)


California v. Acevedo, 500 U.S. 565 (1991)

All your cases are outdated. In 2001 the court, led by Scalia, re-instituted the "reasonableness" standard to the forefront, not the "probable-cause" standard.

 

[John Taylor]

I see the 4th as applying to persons, their houses, papers, and effects equally. How can a persons person be less than his house?

Clyde,

I'm not asserting that it is not possible to interpret the 4th Amendment in that manner, I would simply state that the "reasonableness" clause... that is, the first clause of the 4th Amendment, can be and has been read to stand alone.

 

[John Taylor]

Hate to say it, but no chance SCOTUS hears this case. SCOTUS has already ruled states and DC can write their own gun laws as long as they don't completely ban firearms. The have ruled permits to own and possess are valid. See the state of NJ and many other fascist states. Now, if he was a DC resident with a permit, he could make a constitutional argument about "bearing" arms in public, but since he is a VA resident without a permit there will be no legal foundation for such an argument as he flat out broke a supposedly constitutional (by the courts for that is worth) DC law in a form of civil disobedience.

The shroom charges won't come close to SCOTUS. I believe they were planted, the police will lie, and the police will be believed.

Why exactly do you believe these illegal drugs/hallucinogenics were planted? What evidence do you have of that?

 

[jllundqu]

Indeed. I'm guessing the OP was asking if he could bring the case to SCOTUS should he be charged for the shotgun incident in DC.

This and close thread!

IF he were being charged with carrying (bearing) a firearm in DC, he MIGHT have a SC case.

He is being charged, and will be convicted of, guns+drugs charges. No SC case here. Adam screwed up by having the drugs in the house with his firearms, knowing he would potentially be raided.

I am against all drug laws, but Adam should have known better. They will throw the book at him using 922 prohibited possessor crap all day long. Nothing for the Supreme Court to review at all...

 

[ClydeCoulter]

This and close thread!

IF he were being charged with carrying (bearing) a firearm in DC, he MIGHT have a SC case.

He is being charged, and will be convicted of, guns+drugs charges. No SC case here. Adam screwed up by having the drugs in the house with his firearms, knowing he would potentially be raided.

I am against all drug laws, but Adam should have known better. They will throw the book at him using 922 prohibited possessor crap all day long. Nothing for the Supreme Court to review at all...

It depends of what he is convicted of, no?

 

[cubical]

Couldn't they do some DNA tests on the shrooms/bag? I wouldn't be surprised if someone in his household had the drugs, but I also wouldn't be surprised if they were planted.

 

[John Taylor]

Couldn't they do some DNA tests on the shrooms/bag? I wouldn't be surprised if someone in his household had the drugs, but I also wouldn't be surprised if they were planted.

"Somebody" /\ /\ /\ has been watching too much CSI.

You have got to be kidding, DNA testing on a bad of shrooms in an open closed drug/prohibited possessor case?

 

[Christian Liberty]

Ted Cruz would not defend him. There are worlds apart in their thinking and ideology. One is a neocon, the other is a anarcho-capitalist.

Ted Cruz is not a neoconservative.

That's iffy, but guns are one issue Cruz is relatively good on (Except when it comes to giving the Feds info, of course) so he might defend Kokesh despite the philosophical differences.

But not as a senator.

 

[KingRobbStark]

I don't think so. Important cases don't make it the Supreme Court.

 

[tmg19103]

Why exactly do you believe these illegal drugs/hallucinogenics were planted? What evidence do you have of that?

Because Kokesh knew the jack boots would be coming after he posted that YouTube with the shotgun in D.C. He's not that dumb. He said they were planted in the jail interview. That the jack boots entered his house with brown bags.