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it was only a matter of time.
I wonder - does the good Sheriff also support random deputy shootings?
Why on earth would he want to search a publishing company?
Did`nt take long.
I sent this sorry ass “sheriff” a blistering email last night asking him if he wiped his ass with the Constitution each morning. I also told him that his Stalinist tactics are going to get his officers killed and that their blood will be on HIS hands. I also told him that I normally consider anyone who kills a police officer to be the lowest form of bottomfeeder, however in the case of his officers invading a home on an “authorized” random illegal search, I would definitely side with the homeowner rather than the dead officer. Maybe the people of his county will luck out and he will be the first officer through the door on one of his KGB “searches”.
This all went too far because the guy was involved in a domestic dispute. His wife said let the cops in and he pushed the cop who tried to enter to make sure she was safe.
The courts take was that because it was a domestic that was easily aggravated and could escalate fast that the officers should have been able to enter.
(they noted exigent circumstances)
So what they are saying is that just because it is an arrest that is unlawful, you can not resist it just by bailing into your home and claiming the cops can’t come in.
Nor do they want to have people resist arrest and thus escalate force by both sides.
The court - instead of limiting the police, said .. let the courts determine later, through bail hearings, pre trials, motions etc.
If this had been about ANYTHING except domestic violence the consenting judge thinks he would have ruled different.
Bottom line is this is a bad deal, but not insurmountable since it is dealing strictly with an act that could have escalated in violence.
That will probably be the yardstick that this is based upon in the future.
the court document is here:
This ruling does NOT give anyone permission to do random house to house checks. That sheriff is out of his mind if that is what he *thinks* it means.
I wouldn’t do it - that is not what the court decision was about ..
I mean, that would be simpler...
And since the Indiana Supreeeemes say there is essentially no such thing as an illegal entry if you're a cop, the Sheriff of Nottingham would appear to be good to go.
In other words, the Bill of Rights is no longer valid.
Impeach the judge, arrest and try the sheriff. Though we may be past the point that matters much anyway.
“Guard with jealous attention the public liberty. Suspect everyone who approaches that jewel. Unfortunately, nothing will preserve it but downright force. Whenever you give up that force, you are inevitably ruined.”
(And BOY did that court Approach that public liberty! [...and took a dump on it.] )
“The Constitution is not an instrument for the government to restrain the people, it is an instrument for the people to restrain the government - lest it come to dominate our lives and interests.”
(And yet look at how many laws GOVERNMENT AGENTS are exempted from...)
“The liberties of a people never were, nor ever will be, secure, when the transactions of their rulers may be concealed from them.”
(A warrant is the official documentation of what they're looking for.)
When they started random searches/roadside checks of cars and drivers without reasonable or probable cause Some said it would lead to random searches of homes.
Others said, NO WAY. Law Enforcement would always recognize that there was a difference between a car on a public road and a house on private property.
What next? The quartering in private property of people designated by the government a la the colonies experience? First it might be the private property of banks ... foreclosed homes where the government quarters favored people in those homes... appropriating the usage with no worry about the title, which becomes meaningless.
Then maybe the quartering of designated people in empty houses not in foreclosure... Then maybe the quartering of designated people in UNDER-USED houses. Why should a single mom and here 13 children suffer in a slum when that rich old lady in a 13 room home can be re-assigned to a senior citizen complex for the general welfare?