Thursday, 19 May 2011

More Home Smoking Ban Possibilities

 

I'll pre-emptively offer my apologies for again banging on about the subject of home smoking bans, but it's important to nail this smug myth that if they are ever tabled - which is 100% certain, no matter what Tom Harris MP says - they will be unenforceable. Such over-confident apathy was pivotal in confiscating the property rights of publicans, and will be again for private home owners if we're not careful.
I've already advanced some examples of not only the transparency of health groups in working towards such legislation, but also how it will be implemented.
From the US, here's another worrying reminder that if any state wants entry to your home, they will bloody well get it even if they have to change previously unalienable rights to do so.

The law, to date, had been that police cannot enter a home without a warrant unless they had both (a) probable cause and (b) "exigent circumstances" in which getting a warrant would not make sense. In this case, police were searching for a drug dealer who had gone into an apartment complex. Outside of one apartment, they smelled marijuana -- which created probable cause. At this point, they should have obtained a warrant. Instead, they banged on the door and shouted police. At which point they heard a scramble inside, and busted in the door, claiming that they believed the scramble was the possible destruction of the drugs. The argument then was that this noise -- even though it was entirely created due to police action -- represented exigent circumstances that allowed them to bust in the door without a warrant. The Kentucky Supreme Court said that while the noise might be exigent circumstances, since it was illegally created by the police, it could not be used.
Tragically, the Supreme Court -- by an 8-to-1 vote -- has now disagreed, saying that this is perfectly consistent with the 4th Amendment.
Once smoking with chiiildren anywhere in the house is successfully re-designated as ritual child abuse, no amount of Febreze is going to disguise it. That takes time, something you simply won't have. The smoke police will be battering your door down armed with cotinine swabs and SHS geiger counters before you can even think about hiding the ashtray.
And while they're in there, they may as well have a look at what else you've been getting up to, eh?
Don't ever make the mistake of thinking that state prohibition of a legal product in your own home is impossible. For them, it's already at 'possible' status, with just a bit more work required to shift it into the eminently 'do-able' category.
Sadly, while this is going on, a small but significant number of myopic cheerleaders will be ecstatic at seeing one of their most important freedoms - the home is one's castle principle - being torn to shreds. May God rot every last one of them.

http://feedproxy.google.com/~r/DickPuddlecote/~3/OyZ4sSo2oE4/more-home-smoking-ban-possibilities.html

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