cannabisnews.com: Odor of Pot Isn't Cause for Search Court Concludes










  Odor of Pot Isn't Cause for Search Court Concludes

Posted by CN Staff on October 25, 2002 at 15:58:04 PT
By The Associated Press 
Source: Austin American-Statesman  

The smell of marijuana did not give Abilene police officers probable cause to enter a home, the Court of Criminal Appeals has ruled, upholding a Taylor County trial judge's suppression of marijuana seized at the house. "The odor of marijuana, standing alone, does not authorize a warrantless search and seizure in a home," Judge Charles Holcomb wrote in a 6-3 opinion released Wednesday.
"This case is about the right of citizens to be left alone in the privacy of their homes," Judge Cathy Cochran wrote in a concurring opinion. Police, acting on an anonymous tip, arrived at the home of Leo and Ian Steelman, a father and son who are electricians, on April 21, 1998, and seized marijuana. The officers peered into the house through a crack in a window blind and saw four men sitting in a living room but observed no illegal activity. According to reports, the officers then knocked on the front door. Ian Steelman answered the door, stepped outside and closed the door behind him. The officers smelled the odor of burnt marijuana, burst through the doorway and arrested the men. When police executed a search warrant about two hours later, they found the marijuana. The Steelmans were charged with misdemeanor marijuana possession. The court majority said that because Ian Steelman had committed no crime in the officers' presence, the officers could not enter his home uninvited. The officers had no idea who was smoking or possessing marijuana, Holcomb wrote. The dissenting judges criticized the ruling. Presiding Judge Sharon Keller said that Texas "establishes as a matter of law that people may not be arrested for smoking marijuana in their homes -- as long as they don't do it alone." Judge Mike Keasler began his dissent with one word: "Amazing." "Of course, the marijuana did not spontaneously ignite. Somebody inside was smoking or had smoked it. And in order to burn it, one must possess it," Keasler wrote. Stan Brown, the Abilene lawyer who represented the Steelmans, said his clients were happy with the ruling and that it possibly could inhibit law enforcement from knocking on somebody's door in hopes of getting a "sniff of something."Source: Austin American-Statesman (TX)Published: Friday, October 25, 2002Copyright: 2002 Austin American-StatesmanContact: letters statesman.comWebsite: http://www.austin360.com/aas/CannabisNews - Cannabis Archiveshttp://cannabisnews.com/news/list/cannabis.shtml

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Comment #52 posted by Trystan on October 28, 2002 at 08:22:36 PT
FoM
 Oh, ok. Thought maybe you heard something. It seems alot of these shady things though tend to drop off the radar whenever the next big shady thing comes up. So most people never find out how it ended.
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Comment #51 posted by FoM on October 26, 2002 at 22:00:51 PT
Trystan
Condit hasn't been in the news recently. I'm not sure how it is going. I think it is still being investigated but it might have stopped. I just picked his name as an example not as anyone imparticular. I also realize we may never know what caused the crash but maybe we will. 
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Comment #50 posted by Trystan on October 26, 2002 at 21:49:46 PT
FoM
We might not ever know the cause of the crash. I will wait for a report before I think it isn't an accident. I don't like jumping the gun. There is corruption in politics that we know. Condit was an example. Condit was an example which way? I haven't heard much about him for a long time, plus, I tend to stay away from the news media.  Also, if that crash report does come out, I doubt it would be anything other than an "accident". You gotta figure if anyone powerful enough to off the senator then they're going to be able to fudge an accident report.
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Comment #49 posted by Sandino on October 26, 2002 at 16:09:39 PT:
What In the World Is Going On?
Mayan, I want to say thanks for all your posts and for the great links that you have shared with the fokes here at CNews. I spent this day at the "Radio Left" link that you posted and was able to hear the anti-war protests live from Washington D.C. and San Francisco,CA (200,000 people showed up at D.C. and 30,000 were in San Francisco). All Power To the Peaceful!!!"Dissent is the highest form of patriotism." Thomas JeffersonPaul Wellstone, R.I.P....S.A.Homes
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Comment #48 posted by FoM on October 26, 2002 at 14:48:00 PT
Zero_G 
That's exactly how I feel. I want to be believed so I really do my best to wait and see. I can think many different things about a given situation but they are just my thoughts and not fact. 
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Comment #47 posted by Zero_G on October 26, 2002 at 14:40:27 PT
Credibility
There are plenty of documentable examples of what many would call "conspiracies".It is extremely difficult to bring these documented cases into the "collective concsiousness", let alone cases without documentation.In order to maintain a level of credibility commeasurate with the need to sway public opinion, it becomes incumbent upon us to try to examine evidence, and endeavor to determine its reliability.It is self-defeating to speculate and put forth that speculation as anything but just that. Speculation. No, I don't think it is above the realm of possibility that foul play was involved, but until I see evidence, I'd say it is more likely foul weather.This way, when I point to released documents, such as those relating the Northwoods plan, or the intelligence communities complicity in coups across the world, I retain a certain level of credibility. Hopefully.
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Comment #46 posted by FoM on October 26, 2002 at 14:07:37 PT
Morgan
We might not ever know the cause of the crash. I will wait for a report before I think it isn't an accident. I don't like jumping the gun. There is corruption in politics that we know. Condit was an example.
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Comment #45 posted by BGreen on October 26, 2002 at 14:02:49 PT
Kings have even killed their families
because they thought they were going to lose their power. It's almost a historical "norm" to have those in power slaughter people around them in a megalomaniacal psychosis, brought on not by the power itself as much as the fear they're going to LOSE that power.I'm not crazy, just observant, as well as fairly educated in history. I'm also not saying that's the situation here, but history does tend to repeat itself, and that in itself is enough for us to look closely at anything that appears suspicious.
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Comment #44 posted by Morgan on October 26, 2002 at 13:34:39 PT
Why not?
As for Wellstone's death being planned by opposing political forces... why not?This is the kind of thing that happens in other 'lesser' countries, right? The Banana Republic's and other "less democratic" countries where people have less control over their leaders' shenanigans. But not here. It can't happen here.Why not? What makes us so special?Is it that we have a free press to shed light on these things? I think any of you who have been reading this webpage for awhile have observed first hand just how "free" and open the mainstream media is.I grew up like many of you have, trained to believe that the U.S. press is the 'watchdog' , the 'fourth column' of government. Trust in this fact was probably more important than trust in the government. But, I grew up, grew older, and hopefully wiser. I thank FoM and the people who post on this page for helping me in this growth. It has shattered many myths I have held most of my life and helped me to see the world around me from a new perspective.One myth that has been shattered is that our government is not above killing people to achieve certain political ends.It's a sad reality to face, but let's face that this is how things are now...with the U.S.A....that these things are no longer outside the realms of possibilty. So it's from this perspective that I'll be watching closely how this is handled. I'm guessing the Media isn't going to go too deep, or too long, and his death will soon be 'old news'."There is a principle which is a bar against all information, which is proof against all arguments and which cannot fail to keep a man (and a woman) in everlasting igonorance- that principle is: Contempt prior to Investigation."
  -Herbert Spencer
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Comment #43 posted by FoM on October 26, 2002 at 12:07:00 PT
About Richard Cowan
I don't think I've ever mentioned that I had a nice email talk with Mr. Cowan. He told me I could use his news if I wanted but he knew it would be hard because of the linking he does. It would be hard so that's why I don't use his articles. I know most people go to both web sites and that makes us all the smarter and stronger.
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Comment #42 posted by FoM on October 26, 2002 at 11:51:41 PT
BGreen
I know it bothers me but I can't risk computer problems. I guess that's the way it must be. If my computer doesn't work right I have a hard time doing the news so I had to sacrifice video. Someday maybe video will work for me. The new version crashed my computer and I put it back together again. Now I'm just gun shy.
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Comment #41 posted by BGreen on October 26, 2002 at 11:46:41 PT
I still use version 8 after getting rid of the new
version. You're missing a bunch of good stuff.
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Comment #40 posted by FoM on October 26, 2002 at 11:37:57 PT
BGreen
I wish I could watch it but I had to uninstall my real video. It was really buggy. 
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Comment #39 posted by BGreen on October 26, 2002 at 11:34:33 PT
FoM and everybody else
This video on Pot-TV is great. It's an interview with Dick Cowan and he hits on several of the topics we've been talking about, like forfeiture, urine testing, media lies, etc.
Louisville Late Night: Richard Cowan
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Comment #38 posted by FoM on October 26, 2002 at 11:28:50 PT
BGreen
I forgot about that story! We are contemplating doing a snippity snip on my male Rott this morning! Oh no! LOL!
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Comment #37 posted by BGreen on October 26, 2002 at 11:25:43 PT
I never thought you'd attack me, FoM
Anyway, after that horse castration story you told I don't think any of us want to get on your bad side. LOL
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Comment #36 posted by FoM on October 26, 2002 at 11:13:10 PT
BGreen
I want you to know that I appreciate you. I won't attack you. I hope with all my heart you understand why I don't want to argue here on C News. I love all of you and one of the only things that gets me upset is when we all fight with each other. We are all on the same side. ( We must remember we are all connected by what we believe about the cannabis plant.) I told Nicholas a long time ago I'm not interested in politics. He is but he understands I'm not. Another thing I've learned is that I can't please everyone. I've tried but it just is impossible. I remember the words so very well. We can please some of the people some of the time but not all of the people all of the time. I forgive those who have hurt me and hope those that I've hurt can forgive me and I go on. I think my personal faith has allowed me to be able to keep going on with that thought very much in my mind.
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Comment #35 posted by DdC on October 26, 2002 at 00:32:29 PT
Why Can't We All Just Get Abong...¶8)
yogisms
http://www.cannabinoid.com/wwwboard/politics/binaries/29/29612.gif
Untitled Protest
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Comment #34 posted by FoM on October 25, 2002 at 23:09:58 PT
Dana and Anyone That is Upset
I just want to say this. Contact Nicholas if you want to talk about anything he said. He left his email. Make it private that's all.
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Comment #33 posted by FoM on October 25, 2002 at 23:05:17 PT
Dana
Thank you. I appreciate it.
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Comment #32 posted by DANA on October 25, 2002 at 22:43:30 PT
...I will shut up,,,,,BUT
...with all due respect FoM,,,you were mistaken,in saying.."......You know that's what you're doing...".........Sincerely,,I had no such intentions FoM.....If I was out to "fuel a fire",I would have done a much better job....I have been trying to keep a close eye on what I say,and I am innocent!I'm serious,,I dont really understand what happenned,,,,and I will drop the whole thing right now.JAH Shine on You!.....LoL....d
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Comment #31 posted by FoM on October 25, 2002 at 22:17:01 PT
Dana
Please don't fuel the fire. You know that's what you're doing. I really don't appreciate all this. Thanks.
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Comment #30 posted by DANA on October 25, 2002 at 22:07:23 PT
...I'm confused?...
..."..........take the foil off your head."....??....I'm not familiar with this phrase,or its' ramifications.????...Also,,,I was suprised to see a Wellstone discussion occuring on this thread.I kept looking to the thread with the story about the "plane crash".....I think maybe I'll dress up for halloween,,,with foil on my head.(?)......Me and Mayan think the same.....perhaps Mayan will join me to go trick-or-treating.....We will be the guys with foil on our heads...gotta admit,,it makes for a good cheap costume......we will be::."The Crazy Foil Guys".
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Comment #29 posted by FoM on October 25, 2002 at 22:05:19 PT
BGreen
No problem but please discuss it by email. This is a public forum. Thanks.
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Comment #28 posted by BGreen on October 25, 2002 at 21:34:48 PT
I've been unduly attacked in the past
and nobody came to my defense.I won't let that happen to others.
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Comment #27 posted by AlvinCool on October 25, 2002 at 21:31:41 PT
Not really
Under the majority opinion, if the officers had heard a gunshot followed by a loud groan inside the house, they would not have had probable cause to arrest the person answering the door. After shutting the door behind him, he could have walked calmly to his car, driven away, and flown to Tierra del Fuego, with the officers powerless to stop him."Actually that's an out and out lie. A gunshot at a residence is cause for the police to detain anyone coming from the residence until a search warrant can be obtained. If you don't come out they probably can't come in but if you are dumb enough to walk out they won't let you go back in till the warrant arrives. ++++++++++++++++++++++++++++++++++++++++++++++++++++++++"The ramifications of the majority's opinion take one's breath away. Consider the hypothetical case set out on the first page of this opinion. Suppose the officers look in the window and see four men sitting at a poker table. There is a pistol in the middle of the table. One of the men is slumped over the table, his head face down on it. Gun smoke lingers in the air. No one says a word. The three living poker players would be free to leave, because in the majority's view, there is no probable cause to believe that any one of them committed an offense."Also a blantant lie. They would be free to stay inside the house or if they tried to leave they would be detained. The unconcious person, gunsmoke still lingering means the shot was heard is enough for that. While they would hate if if you had time to get rid of a stash, and you would be stupid not to, I doubt you could get rid of a body no matter how much time you had.
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Comment #26 posted by FoM on October 25, 2002 at 21:09:37 PT
BGreen
I don't think mayan needs defending. He seems like he can handle himself ok. He can contact Nicholas by email if he wants to and they can talk it out. 
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Comment #25 posted by BGreen on October 25, 2002 at 20:55:35 PT
Mayan was basically called a whacko
see #14 for my original post.
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Comment #24 posted by FoM on October 25, 2002 at 20:39:45 PT
idbsne1
You just made a very general comment and I can't see anyone in this thread that has been rude. I must not see what you see. I see different opinions but that's all.
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Comment #23 posted by DdC on October 25, 2002 at 20:34:30 PT
Monsanto, Wellstone and the Drug War in Colombia
Toxic Drift: Monsanto and the Drug War in Colombia
http://www.corpwatch.org/issues/PID.jsp?articleid=669
By Jeremy Bigwood
Special to CorpWatch
June 21, 2001A prominent U.S. Senator and other government officials from both Washington and Bogotá stood on a Colombian mountainside above fields of lime-green coca -- the plant sacred to Andean Indians, but also the source of the troublesome drug cocaine. They were awaiting a demonstration of aerial herbicide spraying, part of the U.S. drug war in Colombia. The spectacle, put on by the U.S. embassy in Bogotá last December, was supposed to address Senator Paul Wellstone's doubts about the accuracy and safety of the U.S.-sponsored drug fumigation program. Wellstone, a Democrat from Minnesota, is a fierce critic of military aid to Colombia and the demonstration needed to come off without a hitch, to win him over to the use of aerially sprayed herbicides. The night before, U.S. officials had responded to the Senator's skeptical questions by assuring him that the spraying would target coca fields without harming food crops."They had said that by using satellite images they could hit very precisely targets without any chance of danger to surrounding crops" said Jim Farrell, Wellstone's spokesperson, who was also there. However that turned out not to be the case. "On the very first flyover by the cropduster, the U.S. Senator, the U.S. Ambassador to Colombia, the Lieutenant Colonel of the Colombian National Police, and other Embassy and congressional staffers were fully doused -- drenched, in fact -- with the sticky, possibly dangerous (herbicide) Roundup.""Imagine what is happening when a high-level congressional delegation is not present," Farrell noted, pointing out that careful preparation had gone into the botched flyover. Wellstone left Colombia completely unconvinced by the Embassy. Who Profits?Almost 70,000 gallons of Monsanto Roundup have been sprayed in Colombia so far this year, according to calculations based on amounts sprayed per hectare. Last year, roughly 145,750 gallons were sprayed over 53,000 hectares, according to a State Department official who asked not to be named. These numbers do not take into account all of the fumigation of drug crops with Roundup in Colombia since 1978. With a retail price between $33.00 to $45.00 per gallon, and a wholesale price of perhaps less than half of that (Monsanto refused to confirm the wholesale price for such volumes), this represents tens of thousands, or more, U.S. taxpayer dollars. Continued http://www.corpwatch.org/issues/PID.jsp?articleid=669St.Louis, Monsanto and Ashcraft...How Convenient...DdCThe Real Reason for US Aid to Colombia 
http://pub3.ezboard.com/fendingcannabisprohibitionwhyitstimetolegalize.showMessage?topicID=274.topicGenetic fungus
http://pub3.ezboard.com/fendingcannabisprohibitionwhyitstimetolegalize.showMessage?topicID=136.topicSpraying Misery 
http://www.cannabisnews.com/news/thread9468.shtmlWe're Being Shot At!
http://www.cannabisnews.com/news/thread9464.shtmlWoD on the Environment
http://www.cannabisnews.com/news/thread9115.shtmlThugczar Wally
http://www.cannabinoid.com/boards/politics/media/35/35838.gifWally the Terrorist 
http://boards.marihemp.com/boards/politics/media/39/39850.jpgD.E.A.th Deceptions
http://www.angelfire.com/ca7/ddc/DEAth.htmlU.S.Al Qaeda!
http://www.cannabinoid.com/boards/politics/media/39/39670.gifCorpWatch
PO Box 29344
San Francisco, CA 94129 USA
Tel: 415-561-6568 Fax: 415-561-6493
http://www.corpwatch.org
Email: corpwatch corpwatch.org
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Comment #22 posted by idbsne1 on October 25, 2002 at 20:31:36 PT
I agree B....
incredibly rude.Second, I cannot understand how people who post here dismiss such things, when they know VERY well the power of our Federal Government, their propaganda and lies, AND how they can brainwash the majority of the American public.All in the War on Drugs and Cannabis.Sorry folks, but the hypocrites on here are showing....idbsne1
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Comment #21 posted by FoM on October 25, 2002 at 19:57:22 PT
Senator Wellstone
CongressmanSuet I understand how you feel. I'm very sad about his death too. CorvallisEric that is all I want to know is what caused the crash.Michael that was sweet. Thank you.
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Comment #20 posted by CongressmanSuet on October 25, 2002 at 19:51:14 PT
The ONLY positive thing to come out of this..
is that it happened in Minnisota[sp]. Jesse will do the right thing. Its up to him to appoint a replacement, let just hope that the replacement will go far...Wellstone was one of the few fighting for the common man, and frankly Im fighting back a tear or two just thinking about this...
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Comment #19 posted by CorvallisEric on October 25, 2002 at 19:45:26 PT
VitaminT and FoM
Thanks for the legal links, very helpful. I also want very much to know what caused the crash.
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Comment #18 posted by knox42897 on October 25, 2002 at 19:40:36 PT:
FLASHING MY FINGER
But the Court's opinion thumbs its nose at the Legislature. It is as if we say today, "Ha! Ha! You can make smoking marijuana a crime, but we can make it impossible to arrest anyone for it!"Ha Ha, I'm not thumbing I'mflashing my middle finger, you can make marijuana a federal crime but not a state crime (atleast in nevada soon) Look for resposible law enforcement coming near you soon!
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Comment #17 posted by Michael Segesta on October 25, 2002 at 19:32:20 PT:
Thanks, Vitamin T
Thanks for the link to the Court & Opinions. You people make this work so much easier (and fun). Love you, FoM!:)
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Comment #16 posted by FoM on October 25, 2002 at 19:25:54 PT
My 2 Cents
I don't look at much but doing the news. That's enough to keep me busy. Losing Senator Wellstone brings out a lot of emotion in many of us because he tried so hard to show how bad things are in Colombia for one reason. I liked him and I want to know what caused the crash. I'm sure we all do. That doesn't mean I believe in a conspiracy. I just want to know what caused the crash. I felt the same way when John Denver died. I wanted to know.Hello Nicholas! Good to see you!
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Comment #15 posted by VitaminT on October 25, 2002 at 19:13:41 PT
For those who still care about this story:
I know it's a tough time for us in light of the tragic death of Paul Wellstone but if you're interested, here are a few of the more outrageous outtakes from Judge Keasler's hyperbolic dissenting opinion.==========================================================="Amazing.Under the majority opinion, if the officers had heard a gunshot followed by a loud groan inside the house, they would not have had probable cause to arrest the person answering the door. After shutting the door behind him, he could have walked calmly to his car, driven away, and flown to Tierra del Fuego, with the officers powerless to stop him."++++++++++++++++++++++++++++++++++++++++++++++++++++++++"The ramifications of the majority's opinion take one's breath away. Consider the hypothetical case set out on the first page of this opinion. Suppose the officers look in the window and see four men sitting at a poker table. There is a pistol in the middle of the table. One of the men is slumped over the table, his head face down on it. Gun smoke lingers in the air. No one says a word. The three living poker players would be free to leave, because in the majority's view, there is no probable cause to believe that any one of them committed an offense."+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++"Does the majority think that marijuana prosecutions are somehow different from other cases, and that its holding will be limited to cases involving marijuana? If so, what is so different about possession of marijuana? The Legislature has made it a crime, to be sure. But the Court's opinion thumbs its nose at the Legislature. It is as if we say today, "Ha! Ha! You can make smoking marijuana a crime, but we can make it impossible to arrest anyone for it!"++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++Keaslers dissent:
http://www.cca.courts.state.tx.us/opinions/102200e.htmAll LEO STEELMAN opinions:
http://www.cca.courts.state.tx.us/opinions/10232002op.htm
Majority Opinion
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Comment #14 posted by BGreen on October 25, 2002 at 18:54:56 PT
That comment was incredibly rude
"Calm down Mayan, calm down: take the foil off your head."I don't think ANYBODY has the right to insult the posters here.
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Comment #13 posted by CorvallisEric on October 25, 2002 at 18:52:00 PT
Nicholas
Until adequately convinced otherwise, I agree with you. And I'm NOT a Republican and I sure didn't vote for Bush. We often complain about stereotyping, but sometimes bring it on ourselves quite nicely.
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Comment #12 posted by BGreen on October 25, 2002 at 18:51:08 PT
Just an observation
as was Mayans'.Thanks for feeling the need to question us, though.
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Comment #11 posted by Number 7 on October 25, 2002 at 18:47:12 PT
Can't help but wonder
I too am not a conspirisist. However, with all the bizzare coincedences about Bush, his election, and the silencing of most opposition to his policies, who can blame them. Nor can I blame any who had the same thoughts about Clinton.The truth has been and will be always stranger than any fiction.
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Comment #10 posted by Nicholas Thimmesch on October 25, 2002 at 18:34:30 PT:
Stay focused...............
If I seem like a crazed conspiracy theorist just remember what has happened since Bush II was selected President! The reality we are facing is far crazier than all of the wildest conspiracy theorys put together:Calm down Mayan, calm down: take the foil off your head.And BGreen:
(Mel) met the same fate as Sen. Wellstone two years ago this month. It's not healthy to be a threat to a powerful republican:Are you really serious?Just my personal observations................
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Comment #9 posted by BGreen on October 25, 2002 at 18:24:04 PT
John Ashcrofts' biggest enemy, Mel Carnahan
met the same fate as Sen. Wellstone two years ago this month. It's not healthy to be a threat to a powerful republican.
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Comment #8 posted by FoM on October 25, 2002 at 18:21:59 PT
mayan
It is a sad day. My husband and I were just talking about Senator Wellstone. I will be interested in finding out what caused the crash. I know you will keep us informed. I think of you and a few others as Scouts. Like back in the times of wagon trains. Scouts go out and search around and bring back reports. The Scout gives the group of pioneers something to think about and helps them plan the next stage of the trip. We are all on a trip and we know the destination and it's called Freedom. Keep us informed. Thank You.
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Comment #7 posted by mayan on October 25, 2002 at 18:11:01 PT
Sorry, Off Topic
What a sad day for hope this is. This is just all to strange! Of all our Senators, why Wellstone? Of all people period! If I seem like a crazed conspiracy theorist just remember what has happened since Bush II was selected President! The reality we are facing is far crazier than all of the wildest conspiracy theorys put together. Glad you're back Zero_G. Hope you had a good time! Anyway,this just blows my mind...Wellstone Was Bush's Number One Enemy: http://rense.com/general31/wells.htmShort-Term Bonds Rise On News Of Wellstone's Death: http://rense.com/general31/sterme.htm Mysterious group spends $1 million on anti-Wellstone campaign:
http://startribune.com/stories/587/3382739.html Dec.1,2000 — U.S. and Colombian officials today denied reports that U.S. officials visiting a remote Colombian town had been targeted in an assassination attempt: http://abcnews.go.com/sections/world/DailyNews/colombia001201.htmlPaul Wellstone, Fighter: http://www.thenation.com/doc.mhtml?i=20020527&s=nicholsDemocrat Senator Finds Anti-War Vote Does Not Hurt: http://abcnews.go.com/wire/US/reuters20021025_198.htmlWellstone edges into lead in U.S. Senate race: http://www.startribune.com/stories/784/3375463.htmlSen. Wellstone, Seven Others Die in Plane Crash(from the article:"Wellstone cast his vote earlier this month against legislation to authorize the use of force in Iraq -- the only Democrat facing a tough re-election to go against Bush on the issue." http://www.foxnews.com/story/0,2933,66707,00.html 
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Comment #6 posted by FoM on October 25, 2002 at 18:01:54 PT
I Forgot The Link! Here It Is!
http://www.austin360.com/aas/polls/102502.html
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Comment #5 posted by FoM on October 25, 2002 at 18:00:09 PT
Poll of the Day: Friday, October 25, 2002
Hi Michael, I'll look for you.Zero_G hope everything works out ok. I'm sure it will. Current Results: YOUR VIEW An appeals court found that the smell of burning marijuana is not enough cause to enter a home. What do you think?  Seems right. If an officer can’t actually see a law being broken, he needs a search warrant to enter a home uninvited. -- 68% 804  C’mon. If the officer can smell it, someone is burning it, therefore in possession and breaking the law. Bust ’em. -- 32% 383 Total Votes -- 1187 
 
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Comment #4 posted by Michael Segesta on October 25, 2002 at 17:36:56 PT:
Actual opinion?
If anyone can find the text of Court's actual opinion, I would be most grateful for the link. Or, if it's in eletronic form, drop me a note and I'll send my fax number so you can fax it.Thanks a bunch,M Segesta
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Comment #3 posted by Zero_G on October 25, 2002 at 16:55:47 PT
Thanks for the concern...
Things have been rough. I'm in the process of moving to less expensive digs. Been out of work too long. Unemployment ran out. That sort of thing.On the brighter side - Burning Man was one of the most amazing events of this lifetime. Pictures and stories cannot do it justice - it needs to be experienced.zero
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Comment #2 posted by FoM on October 25, 2002 at 16:19:35 PT

Welcome Back Zero_G 
I have been wondering if all was ok with you. The last time we talked you were on your way to The Burning Man. I sure am glad you're back. 
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Comment #1 posted by Zero_G on October 25, 2002 at 16:16:00 PT

That smell....
Hi folks,I've been going through economic changes, and was off-line for a while. I'm back.Anyway, one can't help wonder whether this ruling (limited to this jurisdiction, of course) applies to canine noses as well.Just a thought.Zero Gps - Paul Wellstone, a lone courageous voice in the Senate, will be sorely missed. Condolences to his surviving family, the State of Minnesotta, the US Senate, and truly to us all.
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