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 Message Boards » » A lawyer can get you out of a DUI. A great lawyer Page [1]  
smc
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...can get the whole damn police department declared unconstitutional and disbanded.

http://www.wral.com/news/state/story/8150038/

8/17/2010 7:34:27 PM

Mr. Joshua
Swimfanfan
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Damn. You never hear about James Scott Farrin pulling major league shit like that.

8/17/2010 7:46:20 PM

hooksaw
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I realize that this thread is about great DUI lawyers. . .which I have not. Hear me out, maybe I can offer some insight.

If you have mesothelioma or asbestos-related disease, call The Johnson Law Group.

8/18/2010 1:03:43 AM

smc
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This ruling also means that Duke and Wake Forest can't have police departments.

8/18/2010 1:06:10 AM

m52ncsu
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now hooksaw is meme spamming the soap box

wtf

8/18/2010 1:09:39 AM

hooksaw
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Quote :
"^ Nobody cares. Just shut the fuck up."

8/18/2010 1:13:28 AM

m52ncsu
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^troll post

8/18/2010 1:18:03 AM

hooksaw
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^ I have one username. How many do you have?

8/18/2010 1:28:29 AM

m52ncsu
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i am also salisburyboy

8/18/2010 1:32:50 AM

hooksaw
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Quote :
"^ Answer the question of GTFO."

8/18/2010 1:34:55 AM

m52ncsu
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i'm sorry i assumed you could count

m52ncsu is one and with salisburyboy that makes 2

8/18/2010 1:38:27 AM

hooksaw
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Quote :
"^ Answer the question of GTFO."

8/18/2010 1:40:24 AM

m52ncsu
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i'm sorry what question?

8/18/2010 1:43:49 AM

hooksaw
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Quote :
"^ Nobody cares. Just shut the fuck up."

8/18/2010 1:53:34 AM

m52ncsu
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Ruling poses doubt on Duke police status
Quote :
"By Neil Offen

noffen@heraldsun.com; 419-6646

DURHAM -- Duke University is studying a North Carolina appeals court ruling that could mean the university police force can't enforce state laws and arrest suspects because the school is considered a religious institution.

The court ruled unanimously Tuesday that the state Attorney General's Office shouldn't have commissioned Davidson College's police force as law enforcement officers. The court said that violates the U.S. Constitution by creating "an excessive government entanglement with religion."

While acknowledging "the important distinction between an institution with religious influence or affiliation and one that is pervasively sectarian," the court ruled that because of precedents involving both Campbell and Pfeiffer universities, it was "bound" to conclude "that Davidson College is a religious institution for the purposes of the Establishment Clause."

Giving police power to the college, then, was an unconstitutional delegation of "an important discretionary governmental power" to a religious institution.

Judge Jim Wynn noted that Davidson, which is affiliated with the Presbyterian Church of the USA, does not educate clergy but does require that the school's president be "a loyal and active church member, whose life provides evidence of strong Christian faith and commitment," that students are required to take a course in religion and the college's by-laws generally limit faculty and officer appointments to "Christian men and women."

The opinion also notes that half of Davidson's 44 trustees are appointed by presbyteries and the school requires that most trustees be active church members.

Michael Schoenfeld, Duke's vice president for public affairs and government relations, said that the situation at the Durham school, which has been affiliated with the Methodist Church since the school's founding, is different.

"We are studying the ruling but don't think it will apply to Duke because our governance structure is different than Davidson's," Schoenfeld said.

Duke does not require students to take a course in religion, but the first paragraph of the school's bylaws states that "the aims of Duke University ... are to assert a faith in the eternal union of knowledge and religion set forth in the teachings and character of Jesus Christ, the Son of God" ... "to develop a Christian love of freedom and truth."

Twelve of the 36 elected members of Duke's Board of Trustees are chosen by the North Carolina Conference of the United Methodist Church and 12 others are selected by the Western North Carolina Conference of the United Methodist Church.

The Court of Appeals ruling stemmed from a January 2006 case in which a Davidson police officer stopped a driver on a road near campus. The defendant, who was charged with driving while impaired and reckless driving, pleaded guilty initially. But two years ago, she filed an appeal, arguing that the campus police lacked the authority to arrest her.

The court's ruling was based on decisions in 1994 and 2002 that found that Pfeiffer and then Campbell were religious institutions and thus the Attorney General's Office could not constitutionally delegate police power to those campuses.

In a statement, Davidson said it will be talking with the Attorney General's Office regarding "the potential review of this decision by the North Carolina Supreme Court, as the Court of Appeals seems to urge in its ruling."

Read more: The Herald-Sun - Ruling poses doubt on Duke police status
"

http://www.heraldsun.com/view/full_story/9178298/article-Ruling-poses-doubt-on-Duke-police-status?instance=homefifthleft

i'm wondering how this will play out, there are more than a few people who aren't happy with the duke police but i think theyve generally had a good relationship with durham

[Edited on August 18, 2010 at 2:05 AM. Reason : .]

8/18/2010 2:04:07 AM

smc
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They'd better hope they can keep the Duke cops. The durham police is worthless, they've got so much crime to deal with they've just given up. And unfortunately for Duke, their campus is in the middle of the ghetto.

8/18/2010 9:18:35 AM

DaBird
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RACIST

8/18/2010 9:41:56 AM

hooksaw
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Shouldn't we be tolerant of religious police forces and allow them to build their stations where they choose?

8/18/2010 9:46:27 AM

m52ncsu
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I seem to remember Durham recently extending police powers of the Duke police to areas around campus too

8/18/2010 10:05:13 AM

BobbyDigital
Thots and Prayers
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interesting, my next door neighbor is a duke cop.

he might be fuuuuuuuuuucked

8/18/2010 11:10:26 AM

adultswim
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Quote :
"Shouldn't we be tolerant of religious police forces and allow them to build their stations where they choose?"


I can't tell if you're intentionally being dense, but no. They can have their own security force, sure, but they shouldn't be able to enforce public law.



[Edited on August 18, 2010 at 11:49 AM. Reason : \/ oh ok. you never know with hooksaw, though]

8/18/2010 11:45:24 AM

disco_stu
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It's a cross-thread metajoke. It brought the lulz.

8/18/2010 11:46:25 AM

CarZin
patent pending
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Well, I guess anyone who was arrested/charged/convicted of just about anything at Duke/Wake Forest/Davidson will pretty much get a dismissal or ruling overturned on appeal after this.

8/18/2010 12:18:08 PM

RedGuard
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What's also interesting is that both Duke and Wake have active seminaries whereas Davidson did not. Duke's seminary in particular is one of the official seminaries of the Methodist Church. Now their board may not necessarily be as heavily influenced by the Methodists as Davidson's was by PCUSA, but this does set an interesting precedence.

8/18/2010 1:09:50 PM

hooksaw
All American
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^^^^ Lighten up, man.

^^^ LOL! Thanks--you got it!

8/18/2010 1:18:18 PM

1337 b4k4
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I'm kind of confused as to how certifying campus security at a religious school creates “an excessive government entanglement with religion,”. Just because they have the power to enforce state and local law is not giving them the power to also arrest you if you don't keep the sabath or drink yourself silly (when you're of legal age of course) or take the lords name in vain.

8/18/2010 1:18:24 PM

hooksaw
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Actually, I would like to see a clear distinction made among the notions of "religious influence or affiliation" and mere religious association. I would imagine that this will be a major legal issue.

I think defining "affiliation" or "association" and determining what level of defined "religious influence" an individual institution is applying will be a central issue. I mean, some institutions of higher learning have so-called affiliations with various religions that are pretty much in name only--it's not like churches run all of those colleges.

8/18/2010 1:25:50 PM

LoneSnark
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I disagree with this ruling. That is all for now.

8/18/2010 1:34:40 PM

smc
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Every cop in Utah is essentially the Mormon security patrol.

8/18/2010 7:59:20 PM

joe_schmoe
All American
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Utah should be disbanded and declared unconstitutional.

fucking mormons.

8/18/2010 8:51:42 PM

smc
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We don't care what you are doing in the bedroom.



[Edited on August 18, 2010 at 10:07 PM. Reason : .]

8/18/2010 9:41:44 PM

wdprice3
BinaryBuffonary
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oh snap

11/25/2010 12:34:05 PM

smc
All American
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Lawyers now trying to invalidate arrests at Duke also, as predicted.
http://www.wral.com/news/state/story/8679272/

11/25/2010 12:57:15 PM

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