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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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To: reaganaut1

Somebody at DBPR must have gotten a bad haircut.


21 posted on 09/24/2014 12:09:11 PM PDT by Rainier1789 (My Constitution has a 2nd and 10th Amendment)
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To: Sola Veritas
"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. "

Most folks still think that way. Unfortunately, many cops don't And especially their leadership.

Not all cops are bad, but in many cases they have to be excessive to succeed in their career.

22 posted on 09/24/2014 12:09:20 PM PDT by Mariner (War Criminal #18)
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To: BenLurkin

I’m sure that this was a local “VFW”. But even then, they would need probable cause and should have gotten a warrent to search the premises for contraband


23 posted on 09/24/2014 12:09:51 PM PDT by Ouderkirk (To the left, everything must evidence that this or that strand of leftist theory is true)
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To: ImNotLying

And earlier article stated there was no warrant.


24 posted on 09/24/2014 12:10:22 PM PDT by Mariner (War Criminal #18)
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To: pierrem15
They think they can get away with it because the usually do.

Winner, winner, chicken dinner.

25 posted on 09/24/2014 12:15:34 PM PDT by Drango (A liberal's compassion is limited only by the size of someone else's wallet.)
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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? “

You need to read the court’s opinion! It was a warrantless search. Under the FL law, the sheriff should not have even been involved. He is specifically excluded from being involved in these “license inspections.” These cops are going to be financially ruined, and that’s a good thing.


26 posted on 09/24/2014 12:25:56 PM PDT by vette6387
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To: Mariner

“Not all cops are bad, but in many cases they have to be excessive to succeed in their career. “

Yeah, and not all Muslims want to behead you! I’d like some survey to put a percentage on “not all cops are bad.” I will bet you it’s at least 50%, probably more. And WTF does abusing citizens have to do with “succeeding in their career?” “Beat the $hit out of people and get promoted?”


27 posted on 09/24/2014 12:31:06 PM PDT by vette6387
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To: reaganaut1

I bet one of the inspector’s names was Walter Peck.


28 posted on 09/24/2014 12:31:26 PM PDT by afsnco
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To: vette6387
You need to read the court’s opinion! It was a warrantless search. Under the FL law, the sheriff should not have even been involved. He is specifically excluded from being involved in these “license inspections.” These cops are going to be financially ruined, and that’s a good thing.

I know, I'm lazy, but since you did read the opinion, I assume the inspectors are excluded from the lawsuit as they technically could enter the premises and inspect licenses at any time?

29 posted on 09/24/2014 12:31:47 PM PDT by kingu (Everything starts with slashing the size and scope of the federal government.)
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To: Rainier1789
Somebody at DBPR must have gotten a bad haircut.

Couldn't have been as bad as the haircut on this little hand grenade.


30 posted on 09/24/2014 12:37:21 PM PDT by E. Pluribus Unum ("The man who damns money obtained it dishonorably; the man who respects it earned it." --Ayn Rand)
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To: ImNotLying

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.

...

Perhaps the author is biased and is leaving out important information that would make the article complete. I would wait to hear both sides of the case before jumping to a conclusion.


31 posted on 09/24/2014 12:44:08 PM PDT by Moonman62 (The US has become a government with a country, rather than a country with a government.)
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To: reaganaut1
I wonder if BAFT and IRS agents are listening?
32 posted on 09/24/2014 12:49:01 PM PDT by Robert357 (D.Rather "Hoist with his own petard!" www.freerepublic.com/focus/f-news/1223916/posts)
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To: Moonman62
Perhaps the author is biased and is leaving out important information that would make the article complete. I would wait to hear both sides of the case before jumping to a conclusion.

There was no warrant. The Court's full opinion is here.

The U.S. Supreme Court has held that an "administrative search" of a regulated business does not require a warrant. Therefore, the court held, the Florida Department of Business Regulation can send an inspector into a barbershop during business hours and ask everyone cutting hair to show them his barber's license. But that exception, the court went on to hold, does not authorize the Police to go into the barbershop with guns drawn and to handcuff everyone present.

33 posted on 09/24/2014 1:11:56 PM PDT by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: reaganaut1

Abuse of authority at this degree should generally be a capital crime. These wanna-be storm troopers deserve death.

The advantage, of course, is 100% lack of recidivism on the part of the perps.


34 posted on 09/24/2014 1:17:17 PM PDT by sitetest (If Roe is not overturned, no unborn child will ever be protected in law.)
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To: Attention Surplus Disorder

If the money used to pay those lawsuits comes from the police pension fund this activity would sharply decrease.


35 posted on 09/24/2014 1:29:46 PM PDT by Eagles6 (Valley Forge Redux. If not now, when? If not here, where? If not us then who?)
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To: Lurking Libertarian

Thanks for the link.


36 posted on 09/24/2014 2:26:42 PM PDT by Moonman62 (The US has become a government with a country, rather than a country with a government.)
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To: Eagles6

If the money used to pay those lawsuits comes from the police pension fund this activity would sharply decrease.

__________________________________________________________

What a very good idea, but, because there are some good officers who paid into the fund who had nothing to do with the illegal raid it is excessively harsh. The people of the town however elected a mayor who represents them who hired cops and administers what they do. That improper supervision by elected officials is the real root of the problem. I’m sure this is not the first time these particular cops have been heavy handed. It certainly isn’t the first time for the department, they have already been warned by the court twice for heavy handed tactics.

If the city is made to pay they will correct their mistakes or go into bankruptcy. I hope it hurts really bad, that will get the bad cops fired and make others more careful in the execution of their duties to PROTECT & SERVE, not beat in to submission.


37 posted on 09/25/2014 7:25:22 AM PDT by JAKraig (Surely my religion is at least as good as yours)
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