Posted on 05/17/2011 2:59:28 PM PDT by Dr. Marten
Sooner or later they’re going to barge in on a broccoli chopping lawyer and the fun will begin.
This moronic thug needs to lose his job, yesterday.
That just puts the cost on the taxpayers. Here's a better idea, based on the 4th Amendment:
” The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. “The authority of the police to enter a home is based upon their having a valid warrant. No warrant means that they have the same authority as a private citizen does to kick in your door -- none.
If a group of private citizens kicked in your door and entered your home with guns drawn, what sort of penalties would they be subject to? Enforce the exact same penalty on the errant police.
You think a cop would check a warrant carefully and make sure it's the right address if making a mistake meant spending months in jail with pay suspended?
I get another sneaking suspicion that someone wants something bad to happen so they can get back on the ‘gun control’ agenda.
The commie’s need us to be defenseless. They will never stop trying.
Exactly!!
Get smart people, this isn’t going to stop.
Since when has a state gotten rid of a judge?
Since Rosebird?
The fix is in, and TPTB have the deck stacked.
“Sorry, we have no concern for the pain of the innocent.”
Guess where that quote came from and win a prize.
That is what I was wondering as well.
They want an excuse for gun control.
When the Rep in Arizona went down, the whole political class was in an up roar. They consider themselves untouchable. Some Marine back from two tours doesn’t count, just they do.
sounds like unions getting more aggressive
meanwhile, they are overtly stating:
“DON’T question us... or we’ll walk into your home and rape your wife. and there is nothing you can do about it.”
He fits into the class of people that if I were to give him the opportunity, could make me madder than all outdoors. Someone needs to take him kindly and forgivingly by the hand, lead him to a quiet place and kill him. There is no need to say a prayer over his corpse. I don’t pray for Satan or his followers.
Ordinarily under unfettered statistics one would think so. But I don’t believe the impetus of this statement was so general in nature. It was a warning, plain and simple, to people they are going to target. Journolists, Democrats, Liberals, Politicians won’t be in their sample group.
These guys had to deal with the same thing:
“He has erected a multitude of New Offices, and sent hither swarms of Officers to harass our people and eat out their substance.”
http://www.ushistory.org/declaration/document/
Actually that is a fine idea. Given the tendency of the courts to remove the protections of the 4th amendment - claiming, for instance, that in modern times there are ample post-facto civil remedies to an illegal search or arrest, citizens should simply pass a law setting forth the consequences for law enforcement officers involved in an illegal search or arrest.
Your suggestion of a bond is good, another approach would be to allow citizens to recover damages, including punitive damages against everyone involved in the illegal raid or arrest, including the officers who knew of the raid but didn't act to stop it. Legislating that participation in an illegal search or arrest established a presumption of reckless conduct would also be appropriate.
If the courts think civil remedies are sufficient, then the citizens should set the bar very high for those remedies -- personal responsibility for the officers, no immunity, judgments not dischargeable in bankruptcy, etc. Once everyone involved realized they are betting their assets and financial future on getting it right they surely would do a better job of ensuring they acted within the law.
A presumption of reckless conduct in the event of an illegal raid or arrest would also lead to much more serious financial liability in the case that a citizen is killed or injured as a result of an illegal raid or arrest. In many cases it would transform an "accident" into a manslaughter case.
The LEO needs to be turned out of office for inappropraite behavior.
And yes, my attitude towards cops has changed over the years.
Well Mr Sheriff be damm glad you are not the sheriff in my area.
NO ONE, let me make that perfectly clear, NO ONE enters my house without my invitation or a warrant. Those entering any other way are considered home invaders and dealt with accordingly
What’s the specific background of this Sherf anyhow.
It’s not as though the ACLU is absolutely vital to a win in the courts although the ACLU would like us to think they are that mighty. The ACLJ (Jay Sekulow) is also a force with which to contend.
In 2001 Judge Klein here in Orange County got caught with child porn on his computer and was eventually booted out. However, it took a hacker to get the ball rolling.
Head shots!
Problem with SOTUS is that they take forever to decide to take a case, forever to schedule and hear arguments, and many more months to issue their rulings. That makes them useless for cases that require speedier resolution.
The reaction of that Indiana official is horrific and should be topic #1 on all TV and radio political talk/news shows. I don’t give a rat’s butt about Schwarzenegger, Lohan, other celebs, or who’s up/down a millimeter in the latest polls. I do care about shredding the Constitution. The nation should howl with one voice to stop this. That we don’t tells me all I need to know about the current health of our republic.
If he actually begins to do this, and isn’t being sarcastic, a motion will be at a federal circuit court in minutes for an injunction, by which the court has the authority to tell him to stop it pending litigation. It doesn’t have to wait for the USSC before it can be made to stop.
This sheriff is going to get some people killed before the U.S. Supreme Court tells them that the Constitution and Bill of Rights disallows what the state supreme court says was okay. These grand pronouncements only excite people. People know what the Bill of Rights says and will act accordingly. Where and how do they find these baffoons?
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