Posted on 03/23/2005 4:02:52 PM PST by tomahawk
Well, I sure hope they're in the process of applying as we write...
Florida Law: "a representative of the department and a law enforcement officer may forcibly enter the premises".
Time to go in with law enforcement.
bump for later reading
Didn't Greer block this? That Greer is pure evil.
I wish they would just do it. Save her life, hide her from Michael Schiavo so he can't have her killed and argue about it later.
He can't block enforcement of a law that is on the books.
I don't imagine he has that kind of power.
The law actually requires DCF to go in and save her:
"If it appears that the vulnerable adult lacks the capacity to consent to emergency protective services and that the vulnerable adult, from the personal observations of the representative of the department and specified medical personnel or law enforcement officers, is likely to incur a risk of death or serious physical injury if such person is not immediately removed from the premises, then the representative of the department shall transport or arrange for the transportation of the vulnerable adult to an appropriate medical or protective services facility in order to provide emergency protective services. Law enforcement personnel have a duty to transport when medical transportation is not available or needed and the vulnerable adult presents a threat of injury to self or others."
I heard a court issued an restraining order against anyone trying to remove Terri. Would the DCF have to abide by that order?
The law is here in black and white: The police must save Terri.
"Law enforcement personnel have a duty to transport when medical transportation is not available or needed and the vulnerable adult presents a threat of injury to self or others."
I think he may have blocked the Non-Emergency #1 (that one requires a petition to the court).
I didn't see anything in the Emergency one #2 that requires a court hearing prior to action.
Someone correct me if I'm wrong, please.
No, a judge cannot order the police to disobey the Governor's orders enforcing a law that is on the books.
Greer can't do that.
Sadly, this has been denied.
Agreed...Greer is WAY out of control. Is he a member of the 'Hemlock Society' and/or The "Church" of Scientology?
Correct.
This is situation 2, "Emergency".
No court approval needed.
No legal basis for a court to enjoin enforcement of the law that is on the books.
Bush has all the legal cover he needs on this one.
Good. Thanks.
That is the "non-emergency" removal.
Look at the "emergency" removal section below that one.
Bush can get her out of there.
Thank Goodness!
Gov. Bush, it is time to enforce the law.
Save Terri under the "Emergency" provisions of this law.
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