Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article

To: TennMountains

If this police officer broke into the wrong house and died for it, somebody should go to jail. But not the guy wqho pulled the trigger.


450 posted on 02/19/2006 5:09:50 PM PST by Bernard (Only the US government has the time, money and hubris to calculate exactly what it doesn't know.)
[ Post Reply | Private Reply | To 1 | View Replies ]


To: Bernard
If this police officer broke into the wrong house and died for it, somebody should go to jail. But not the guy wqho pulled the trigger.

There was a warrant issued for Maye's dwelling, but from what I understand there's no record of what oath or affirmation was given to secure it. While the Fourth Amendment doesn't explicitly require that the oath or affirmation used to secure a warrant actually be recorded, I would consider such a requirement implicit; IMHO any warrant for which no oath or affirmation is recorded should be regarded as void.

Thus, in the extant case, I would consider anyone who knew or should have known that the warrant for Maye's apartment was faulty should be held liable for Officer Jones' death. I can think of two such people: Officer Jones, and the judge who signed the warrant.

452 posted on 02/19/2006 5:21:16 PM PST by supercat (Sony delenda est.)
[ Post Reply | Private Reply | To 450 | View Replies ]

Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson