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Federal Appeals Court: No "Qualified Immunity" Defense For Officers [in] Raid
Forbes ^ | September 24, 2014 | George Leef

Posted on 09/24/2014 10:59:01 AM PDT by reaganaut1

...

Florida has a statute requiring that barbers be licensed and it gives the Department of Business and Professional Regulation (DBPR) authority to enforce it through biennial inspections of barber shops. Two inspectors conducted an inspection of the Strictly Skillz shop in Orlando on August 19, 2010. They found no violations.

But only two days later, DBPR came back to Strictly Skillz, this time with an astounding display of force: eight armed officers, including narcotics agents, some of them wearing masks and bullet-proof vests burst into the shop with weapons drawn. Squad cars blocked off the parking lot. The officers shouted that the customers were to leave immediately and that the shop was “closed down indefinitely.”

Several barbers who had been working were patted down, then handcuffed. When one of them, Reginald Trammon, protested that he had done nothing wrong, an officer replied, “It’s a pretty big book and I’m sure I can find something in there to take you to jail for.”

Shades of Lavrenti Beria’s pledge to Stalin, “Find me the man and I’ll find you the crime.”

Not long after the raid began, the owner of the shop, Brian Berry, entered and asked what the trouble was. He was patted down and put in handcuffs too.

With the premises “secure” officials, including DBPR inspector Amanda Fields who had been there just two days before, searched the shop, checked all the licenses, and found nothing illegal. Berry and the other handcuffed barbers were then released. The raid lasted about an hour.

(Excerpt) Read more at forbes.com ...


TOPICS: Crime/Corruption; Government
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1 posted on 09/24/2014 10:59:01 AM PDT by reaganaut1
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To: reaganaut1

Multimillion dollar lawsuit. Slam ‘em.


2 posted on 09/24/2014 11:01:41 AM PDT by Attention Surplus Disorder (At no time was the Obama administration aware of what the Obama administration was doing)
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To: reaganaut1

3 posted on 09/24/2014 11:02:05 AM PDT by BenLurkin (This is not a statement of fact. It is either opinion or satire; or both.)
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To: reaganaut1

we can only hope they shove it so far up their backsides, they begin coughing paperclips


4 posted on 09/24/2014 11:07:13 AM PDT by Revelation 911
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To: reaganaut1

I am NOT a libertarian, but I strongly object to abuse of authority by law enforcement or any agent of government.

These “officers” should be sued into poverty as well as their full chain of command about them.

When are we going to get back to the concept that police are a respected part of the community (not separate from it) that have the mission to serve and protect the community. They don’t exist to be oppressive or heavy handed.


5 posted on 09/24/2014 11:08:47 AM PDT by Sola Veritas (Trying to speak truth - not always with the best grammar or spelling)
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To: reaganaut1
I'd be interested in following this one. Does it mean the perps innocents can now sue the officers in civil court for abuse of civil rights under color of law?
6 posted on 09/24/2014 11:08:49 AM PDT by Revelation 911
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To: reaganaut1

In the county I’m in in Florida they issue $15/year occupational licenses. Even for photographers etc. But to top that is the need for a state of Florida registration of the name you want to use,. That’s $50 every 5 years. If you don’t renew at the state level, the county is notified and the county attempts to revoke the usage of the name. My solution was a complete pass on paying any fees at either level.

Unfortunately you cannot initially setup a bank account in the business name without going through all this regulation.

Screw em.


7 posted on 09/24/2014 11:09:47 AM PDT by George from New England (escaped CT in 2006, now living north of Tampa)
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To: reaganaut1

In the county I’m in in Florida they issue $15/year occupational licenses. Even for photographers etc. But to top that is the need for a state of Florida registration of the name you want to use,. That’s $50 every 5 years. If you don’t renew at the state level, the county is notified and the county attempts to revoke the usage of the name. My solution was a complete pass on paying any fees at either level.

Unfortunately you cannot initially setup a bank account in the business name without going through all this regulation.

Screw em.


8 posted on 09/24/2014 11:09:48 AM PDT by George from New England (escaped CT in 2006, now living north of Tampa)
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To: George from New England

I only clicked Post once ...


9 posted on 09/24/2014 11:10:34 AM PDT by George from New England (escaped CT in 2006, now living north of Tampa)
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To: reaganaut1

I read the whole article. No mention whatsoever of a search warrant and its contents nor a mention of the judge who might have issued it, if there was a search warrant. WTF? I am not anti-police but why some police think they can get away with this type of behavior is beyond me.


10 posted on 09/24/2014 11:18:35 AM PDT by ImNotLying
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To: reaganaut1

Extraordinary to learn they followed “Probable Cause” and the Warrant requirements.

Didn’t find anything?

What was this guy hiding?

Who tipped him off that a raid was imminent, so he could hide evidence and subvert a lawful process?

Did he unlawfully bring oranges in from another state?

Improperly store sharp instruments? ?

Dorks...


11 posted on 09/24/2014 11:34:59 AM PDT by Vendome (Don't take life so seriously-you won't live through it anyway-Enjoy Yourself ala Louis Prima)
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To: reaganaut1

But did they have “RESCUE” printed on their T-shirts and face masks and all the armored vehicles they rolled up in?

Because if they did, that absolves them, and you can’t accuse the state of fielding an army to police the citizenry, because that’s expressly forbidden in American tradition and jurisprudence.

They were just trying to make it home safely at the end of their shift!

Anyone who objects to this must hate cops.


12 posted on 09/24/2014 11:35:40 AM PDT by Blue Ink
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To: Revelation 911
I'd be interested in following this one. Does it mean the perps innocents can now sue the officers in civil court for abuse of civil rights under color of law?

Yes.

They sued the police; the trial court threw the case out because police officers have "qualified immunity" for law enforcement actions they take in "good faith" even if it turns out later they acted illegally; and the Court of Appeals reversed that decision (by a 2-1 vote), holding that the officers could not reasonably have believed that what they did was legal. The case will now go back to the trial court for a jury trial.

13 posted on 09/24/2014 11:49:29 AM PDT by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: ImNotLying
I read the whole article. No mention whatsoever of a search warrant and its contents nor a mention of the judge who might have issued it, if there was a search warrant. WTF?

Under current Supreme Court precedent, no warrants are required for an "administrative search" of a regulated business-- for example, the Pharmacy Board can send an inspector into a drugstore during normal business hours to check that their records of painkiller prescriptions are up to date, and they don't need a warrant. The court in this case held that if the cops are going to come in with drawn guns and start handcuffing people, it's not an "administrative search" anymore and a warrant is needed.

14 posted on 09/24/2014 11:54:30 AM PDT by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: ImNotLying
They think they can get away with it because the usually do.

In many cases, if you protest to much (or even sue afterwards), the local DA will trump up some charges, have you arrested and then offer to drop them or plea bargain to a misdemeanor fine if you agree to a release from liability.

Pure, criminal extortion.

15 posted on 09/24/2014 11:56:47 AM PDT by pierrem15 (Claudius: "Let all the poisons that lurk in the mud hatch out.")
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To: reaganaut1

This is weird. What was the possible motivation and exact reason for the warrant?
Was this due to an anonymous tip?
Did the investigators have some beef/past history with any of the barbers?
Are these Stasi agents just sadistic MFers just terrorizing random citizens?


16 posted on 09/24/2014 12:02:25 PM PDT by grumpygresh (Democrats delenda est. New US economy: Fascism on top, Socialism on the bottom.)
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To: reaganaut1

Very heartening to say the least!

‘That malady is our abundance of needless laws that invite abuse by those who love to exert power.’

Monetary punishment isn’t whats wanted. Those involved need new careers outside of LE and regulation. Clearly they don’t have the right ‘stuff’ for the job.

Then there are the Law & Order types that just can’t get enough of the police state. Those would be the boot licker that hang out here pretending to be conservatives. In fact they have far more in common w/ the DU crowd.


17 posted on 09/24/2014 12:03:53 PM PDT by 556x45
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To: reaganaut1
18 U.S. Code § 242 - Deprivation of rights under color of law

"Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year, or both;"

In addition to the Civil Penalties, which I hope are severe, each officer and any superior who was aware...and the inspector lady and her superiors who were aware...should spend 12months in a Federal Prison.

And this should be applied nationwide IN EVERY CASE when LEO oversteps reason and law.

Somebody fails at due diligence and check/balances for an affiant on a drug bust...and somebody gets killed in a no-knock raid...should result in a Murder charge and the Death Penalty...in accordance with the Federal Law.

Subject LEO to the Law, in all cases. And Prosecutors.

18 posted on 09/24/2014 12:06:41 PM PDT by Mariner (War Criminal #18)
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To: ImNotLying

Punishment for being uncooperative with bribes to inspectors. Welcome, Comrades.


19 posted on 09/24/2014 12:08:43 PM PDT by blackdog (There is no such thing as healing, only a balance between destructive and constructive forces.)
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To: Blue Ink

“RESCUE”

you’ve been paying attention very well Ink.


20 posted on 09/24/2014 12:09:00 PM PDT by roofgoat
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