Court upholds right to vomit in private

[gumdropper1]

See this story here:


http://www.phillyburbs.com/pb-dyn/ne...2004-359336.ht ml

[crimgoddess]

Wow- the legal loopholes these lawyers will come up with....


Just another way for people to wiggle out of being responsible for their own actions.


*amber*

[stephiewephie05]

haha i found that funny.

[purpleteacher]

GOOD! Now if that only worked to protect people who were bulimic...

[japa]

Sounds like a good ruling to me. I mean, what the hell?

[crimgoddess]

Well, it seems like a "duh" ruling in terms of, of COURSE things we do in the bathroomare private. BUT, if you are breaking the law and this was used as an excuse to get out of a conviction that you deserve, then to me it just seems like today's youth is further finding loopholes to get out of being accountable for their own actions, legal and illegal.


I don't agree with even having a legal drinking age- but this, to me, seems like a pretty lame attempt by someone to wiggle out of being caught red-handed (or vomit-mouthed as the case may be).


*amber*

[rapturerocks]

Well, in the legal system, you have to look at your right to appeal and
on which grounds you should appeal. This is actually a very important
case that establishes a huge precedent: hearing someone vomiting is not
probable cause for a search. Now, I doubt this girl's intention was to
fight for the right of privacy, but remember that this will extend to
future cases where any such intrusion is an invasion of privacy. Of
course, I'm a Libertarian regarding most things, so I'm a little
protective of privacy rights.

[gumdropper1]

Amber and all,


You might want to read the actual court opinion. There was a dissenting justice who agreed with Amber.


http://caselaw.lp.findlaw.com/script...pl?court=mt&am p;vol=03&invol=392


Doug

[crimgoddess]

Thanks for the link Doug- I definitely agree with the dissenting judge.


People have died from extreme consumption of alcohol- whether it be from having too much of it in their system, choking, etc- especially ifthey are young and do not yet know their limits.Hell, I know that after being a guide for my department's frosh week a few times that if we had someone who was extremely intoxicated, we would bring them to the hospital just to be safe. Who knows what could have been going on- the girl could have been on her back for all the cop knew.


Not to mention this little factoid:


<<Officer Guiberson was justified in opening the door to the bathroom and checking on Ms. Smith. If he had not done so, and had she suffered any injury from alcohol consumption, he probably would have been sued.>>


Apparently you're damned if you do and you're damned if you don't!


And it's not like she was at home, and the cops came and just entered her bathroom unwarranted. She was at a loud houseparty where minors were drinking.


*amber*