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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 ®

04/30/2019, 16:43:59

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Lunch -

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.



Democrats wouldn't buy a clue if it was government subsidized.

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