|And therein lies the problem.|
|Re: So if someone wants to render another person defenseless all they have to do is ERPO them -- LateForLunch||Post Reply||Top of thread||Forum|
Posted by: TEEBONE ® |
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The standard for issuing ERPOs is "preponderance of evidence". That standard fails constitutional muster for suspending a fundamental right. The standard must be "clear and convincing evidence". Remember, this is a fundamental right at issue here.
Further, the warrant is issued without probable cause of a crime having been committed, or being committed. That also fails constitutional muster under the 4th Amendment. Said crime(s) must be articulated in an affidavit executed under oath by a law enforcement officer.
ERPOs require none of that, IOW, they are EL STÍNCO.
I can't imagine the conservative majority on the SCOTUS accepting ERPOs as currently constructed in the 15 states where they have been enacted - none of them.
LIBERTY HAS NO EXPIRATION DATEDemocrats wouldn't buy a clue if it was government subsidized.
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