Quote:
Originally Posted by DblBarrelJ
Quick question to any ACists; in a hypothetical ACland, how would we approach issues currently covered under the 4th amendment regarding search and seizures?
I assume refusing consent to search after a valid warrant is signed by the contracted judge/DRO of the suspect is considered a violation of contractual obligations? Can force be used to conduct the search for evidence if the suspects DRO agrees I've gathered probable cause that their client committed this act?
Here's an example. Suppose I am an investigator contracted by an individual to solve the case of his wife's murder. After interviewing several people, I discover that Mrs Client had a co-worker who had a deep seated grudge against her. This individual was also seen just down the street very near the time of the murder. I have sworn affidavits from three individuals who state my suspect has a 9mm handgun he keeps on his nightstand. A coroner has already stated the murder weapon was a 9mm.
With this information in hand, where do I as an investigator for my clients DRO go from here?
I ask because I don't think I've ever seen a discussion regarding criminal procedure, specifically evidence collection vs personal property rights and the NAP.
See Robert Murphy's, "Chaos Theory"
http://mises.org/books/chaostheory.pdf
"Surely there will
always be deviant, antisocial individuals who, through malice or
ignorance, ignore the incentives and commit crimes. How would
a system of market anarchy deal with such people?
First, keep in mind that wherever someone is standing in a purely
libertarian8 society, he would be on somebody’s property. This
is the way in which force could be brought to bear on criminals
without violating their natural rights.
For example, the contract9 of a movie theater would have a clause
to the effect, “If I am judged guilty of a crime by a reputable arbi-
tration agency [perhaps listed in an Appendix], I release the theater
owner from any liability should armed men come to remove me
from his property.”
So we see that it is not a contradiction to use force to capture
fugitives in a completely voluntary society. All such uses would
have been authorized by the recipients themselves beforehand.10"
Last edited by yukoncpa; 12-05-2011 at 05:13 PM.