Posted on 04/21/2021 7:03:39 AM PDT by Kaslin
A 69-year-old woman was walking her poodle in a public park in Northern California in late November. She was not wearing a mask.
She walked by groups of people who were.
A police officer, meanwhile, monitored her movements from the security of his squad car.
As she moved past the park into a middle-class neighborhood, he clandestinely trailed her. She walked past other people who were also out for strolls -- sometimes coming within three or four feet of them.
Being friendly neighbors, they nodded and smiled.
Then this dog walker turned into a driveway. The police officer turned on his overhead lights and pulled up as fast as he could to the front of her house.
By the time he got out of his car, she was already moving through her front door. Before she could completely shut it, however, he slammed his boot into it and knocked it open.
He then entered her foyer and asked her if she had even been carrying a mask on her walk. She said no.
He said, "You are under arrest."
This is not a true story. It is hypothetical. But is it so fantastical it could never happen?
Consider a true story now being pondered by the Supreme Court in the case of Lange v. California.
"One evening in October 2016, petitioner Arthur Lange was driving home in Sonoma, California," said the petition Lange's lawyers submitted to the Supreme Court asking it to take up his case.
"He was listening to loud music and at one point honked his horn a few times," said the petition.
"A California highway patrol officer, Aaron Weikert, began following Mr. Lange, 'intending to conduct a traffic stop,'" it said. "Officer Weikert later testified that he believed the music and honking violated Sections 27001 and 27007 of the California Vehicle Code.
"Those noise infractions carried base fines of $25 and $35," it said.
In other words, the officer was following a driver he suspected may be committing $60 worth of traffic violations.
"Officer Weikert initially followed at some distance and did not activate his siren or overhead lights," said the petition. "He neared Mr. Lange's station wagon only after Mr. Lange turned onto his residential street. Approaching his house, Mr. Lange slowed and activated his garage door opener. As Mr. Lange continued toward his driveway, Officer Weikert turned on his overhead lights, but not his siren or megaphone.
"At that point, Mr. Lange was about as far from his driveway as first base is from second," said the petition.
Lange pulled into his garage. But he did not make it safely home.
"As the garage door began to descend," said the petition, "Officer Weikert left his squad car, stuck his foot under the door to stop it from closing, and entered the garage."
The officer then discovered Lange might be responsible for more than just playing loud music and honking his horn.
"Upon entering the garage and questioning Lange, the officer observed signs of excessive intoxication, such as slurred speech," said the brief that then-California Attorney General Xavier Becerra submitted to the Supreme Court asking it not to take up this case.
Lange was given a blood test.
"Here, the Sonoma County District Attorney charged Lange with two misdemeanor violations of driving under the influence of alcohol ... and with an infraction for operating his car's sound system at an excessive level," said Becerra's brief. "Lange moved to suppress the evidence obtained after the officer entered Lange's garage, arguing that the officer had no justification to enter without a warrant."
Now, think of the hypothetical 69-year-old woman who walked her poodle without a mask. Was she a criminal?
On June 18, 2020, the California Department of Public Health issued a mask mandate under the authority of Gov. Gavin Newsom that said, in part: "People in California must wear face coverings when they are in the high-risk situations listed below: ... While outdoors in public spaces when maintaining a physical distance of 6 feet from persons who are not members of the same household or residence is not feasible."
The Los Angeles Times reported then: "Under state law, residents who violate the new requirement could be charged with a misdemeanor and potentially face a financial penalty, according to a representative for the Newsom administration."
On Nov. 16, 2020, the Newsom administration published an updated -- and somewhat stricter -- mandate.
"People in California must wear face coverings when they are outside of the home unless one of the exemptions below applies," said the November update.
"Individuals are exempt from wearing face coverings," it said, "in the following specific settings: ... Persons who are outdoors and maintaining at least 6 feet of social distancing from others, not in their household. Such persons must have a face covering with them at all times and must put it on if they are within 6 feet of others who are not in their household."
The hypothetical dog walker violated this mandate.
But did the government law enforcement agency that entered her hypothetical home -- or Lange's actual garage -- violate the Fourth Amendment? It says: "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."
In a brief in Lange v. California that was joined by the American Conservative Union Foundation and the Cato Institute, the American Civil Liberties Union says: "By categorically permitting police officers to enter a home without a warrant whenever they pursue a suspect they have probable cause to arrest for a misdemeanor, the California Court of Appeal violated petitioner's Fourth Amendment rights."
This is the right position.
If a law enforcement officer suspects someone is driving under the influence -- as opposed to playing loud music and honking his horn -- he should pull him over immediately to protect both that person and the public.
But when a law enforcement agency wants to enter someone's home -- other than to protect people there from a life-threatening emergency -- it should get a judge to give it a warrant.
“There's no way to rule innocent men. The only power any government has is the power to crack down on criminals. Well, when there aren't enough criminals, one makes them. One declares so many things to be a crime that it becomes impossible for men to live without breaking laws.”― Ayn Rand
I think the question is at what point should it be acceptable to violate constitutional rights of private property and search and seizure selectively? The difference between a loud stereo or a lawnmower? Where does it stop when your neighbors can selectively tell an individual what they can and cannot do with mob rule. There has to be a line that protects each and every citizen as an individual. OK to kick in a door for this suspicion without a warrant? but not OK to kick in a door for that suspicion without a warrant?
Constitution dictates they cannot kick in a door without a warrant period, no matter what the circumstances are. As it should be...
Something that Noise-Nazi Karens cannot even begin to recognize.
Get the attorney to check the right to a speedy trial waiver, if not signed by defendant talk to the D.A. about dropping the charges. Be careful if you have to file for dismissal, as this would lead to a public embarrassment for the prosecutor and Judge. If so, tell your young relative to move and NEVER be in that court again, or he'll get the max possible sentence for any charge.
LOL.
I hate bright dash lights in cars because they ruin my night vision, so I always turn the dash lights down as far as they go. About 25 years ago, we were on a family ski trip to the Sierras and passing through Murphys, CA. On the way out of town, the town faded away, so I sped back up. My dash lights were down, so it wasn’t easy reading the speedometer. Busted! I sped up a hundred yards before the 50 mph sign. Our four year old son was in hysterics thinking Daddy was going to jail.
Nothing like helping small towns meet their budget
Thanks. I’ve never heard about a “right to a speedy trial waiver.” I was doing research on the constitutional requirement for a speedy trial, but it seems to be restricted to cases where you are rotting in prison.
That's about it, theft under color of law. Avoid a pest hole in West Texas off I-10 named Van Horn that funds itself entirely off speed traps. I lived in Texas in 1997 and sometime around then the speed trap abuse was so bad by towns and counties that Texas had to pass a law mandating that all traffic fines had to go into the state's general fund. Now that they can't keep the stolen loot from speeding tickets their new business model is ticketing RVs that try to overnight park in parking lots. They are only payable by money order.
95% of the problems in this country would be gone if 95% of the busy-body, nanny-state, karens would shut their stupid mouths and mind their own business.
No, actually that wasn't my first response. I actually tried talking to these fine folks and they either ignored me, laughed at me, or told me to "EFF OFF. I DO WHAT I WANT".
Good on you Augie. You obviously live somewhere where you don't have to put up with this crap. "Loud music" is a Pioneer 10 watt amplifier with a couple 6" x 9" Jensen's volume on 10. NOT a 1,000 watt amplifier and trunk full of 15" subwoofers. If you can't tell the difference you're hopeless.
Me the problem? Hardly. Me the solution - definitely. Every town has a sign at the city limits saying "No Truck Brakes" and for good reason - they're loud as F. Well these subwoofer systems are 10 times - 20 times - 30 times worse.
I'm not anti-Government, I'm anti STUPID Government. "Your freedom ends where mine begins" so yeah, this IS my business, the people that play them have MADE IT my business. These giant subwoofer systems are WAY, WAY over bounds and a menace to civil society and the people who own and operate them are too stupid to understand that, hence we need a law.
Of course I got no response.
Sorry I hurt your little feelers.
I live out in the sticks. I can’t see my closest neighbor’s house when the trees are leafed out, but I can hear his music when he kicks on the patio system. Dude plays good music so I don’t mind. I’m sure he can hear my music when I’m working in the shop and have the slider doors open.
Maybe next time your neighbors are blasting the tunes you can call the cops on them and find out just how useful the law is. If Junior Officer Friendly is having a bad day he might come out and shoot someone’s dog.
Noise ordances are use as woke intimidation. Only used to get 2 white guys to fight while the real assholes who cause the problem play the victim card. The day the police stay home is the day the garbage gets taken out.
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