Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Wrongfully-arrested man considers lawsuit after marshals storm home
http://www.wlwt.com ^ | 9:37 PM EDT Apr 12, 2013 | unknown

Posted on 04/13/2013 7:57:49 AM PDT by redreno

click here to read article


Navigation: use the links below to view more comments.
first previous 1-20 ... 101-120121-140141-160 ... 241-260 next last
To: Altariel

You FAIL!


121 posted on 04/15/2013 8:12:33 AM PDT by Enterprise ("Those who can make you believe absurdities can make you commit atrocities." Voltaire)
[ Post Reply | Private Reply | To 119 | View Replies]

To: ROCKLOBSTER

You FAIL!


122 posted on 04/15/2013 8:13:00 AM PDT by Enterprise ("Those who can make you believe absurdities can make you commit atrocities." Voltaire)
[ Post Reply | Private Reply | To 120 | View Replies]

To: Toadman
>> US Marshal deputies apprehend fugitives. They don’t have a “jurisdiction” per se (other than all US Territory).
>
> I’m guessing, they were directed to the house by local or federal officers; however, they do research and use technology to track and apprehend fugitives, and if that is was what happened in this incident, someone is going back to guarding courtrooms!

The States are not, and cannot be, US Territories, as unless I miss my mark, such would "Prejudice any Claims of the United States, or of any particular State" by usurping their own jurisdictions.

Art 4, Sec 3, Para 2:
The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States, or of any particular State.

123 posted on 04/15/2013 1:28:46 PM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
[ Post Reply | Private Reply | To 68 | View Replies]

To: Christie at the beach
Would be very scary, wouldn't it. An entire team of cops in your home unannounced.

That happened to me, well my mom -- I was away and a group came in and, refusing to declare their reasons for being there, intimidated her back into the house to conduct illegal search of the premises.

I do understand they have to get the bad guy though they have to get it right or wait until the person is outside.

Ha. In the situation mentioned above it eventually came out they were there because of an [at least] third-hand account of something I'd done days prior which was both legal and lawful (open carry).

I don't know if I would sue, though it would be an intimating ordeal.

In retrospect, I would.

Most of these cases, it's timed so precisely, no time to react. My hubby as a teen, he and his cousin was thought to be involved in a crime. It was 2 others guys similar in age. The 2 did the robbery had the same color car as hubby's (dark green Dodge Dart). He says he'll never forget that. He didn't sue. His dad wanted to. Gosh, his dad was furious when he went to the sheriff to get his son. It's a wonder he didn't end up in jail. Hubby's been a cop so he looks at that differently now. He says that have to be sure before going in or don't mess it up. They have to have their tools though I don't want them getting too much power.

I think they've already got too much power*; as exemplified above they made unwarranted searches based on hearsay for a legal action.
* Not enough accountability, at least.

124 posted on 04/15/2013 1:36:05 PM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
[ Post Reply | Private Reply | To 40 | View Replies]

To: EricT.
In the military, rules for when deadly force was authorized were drilled into my head. Civilian police have even more restrictive rules than I did. The situation here met none of the requirements.

At this point in time I'm not sure that statement is correct given some of the FUBAR orders/directives my little brother [Marines] had in Afghanistan, and the Dorner-ish incidents [the Costco guy's summary execution springs to mind].

If you or I made that “mistake,” we’d spend the next few decades in prison for attempted murder, assault with a deadly weapon, and a few other associated felonies.

Quite correct.

The police get to go home and come back to work the next day.

To be fair, they would likely come back after their paid administrative leave while they were "investigated" internally.

125 posted on 04/15/2013 1:51:23 PM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
[ Post Reply | Private Reply | To 106 | View Replies]

To: Flick Lives

>> The only problem was that marshals had the wrong man and even the wrong house.
>
> Right. Other than those two little details, the raid was flawless.

Good way to put it. How would potential employers react to something like “other than consistently failing all my tests I had an excellent grade in college”?
This stuff is beyond absurd.


126 posted on 04/15/2013 2:00:39 PM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
[ Post Reply | Private Reply | To 54 | View Replies]

To: OneWingedShark

All I meant to say is that US Marshal deputies do not normaly create cases. Typically they track and apprehend fugitives (after their stint of court duty and prisoner escort). Sometimes it’s escaped prisoners, bail jumpers, and occiasionally they’ll assist local law enforcement. Normally the only “suspects” they apprehend are ones who failed to appear in court.

I’m not sure what your intent is with your statement about the States not being U.S. Territories... I’m sure you’re probably right because you seem to be well read on the subject.

Would mind dumbing it down for me? I’m not being sarcastic and I’m not trying to argue. I really want to be educated as to your meaning. Are you meaning that the Federal Government has no jurisdiction whatsoever over any US State (I wish that was a reality by the way).

VR
toadman


127 posted on 04/15/2013 2:33:50 PM PDT by Toadman (To anger a Conservative, tell a lie. To anger a liberal, tell the truth.)
[ Post Reply | Private Reply | To 123 | View Replies]

To: Toadman
Would mind dumbing it down for me? I’m not being sarcastic and I’m not trying to argue. I really want to be educated as to your meaning.

Sure -- I don't mind at all, though a bit of warning: I'm not a lawyer at all, I'm a computer programmer and writer.

One thing is that the Congress can purchase land, these were typically called territories (the prior quoted mentions property as well; this is likely WRT "Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings") the latter are purchased from the States, and so there is a distinct jurisdiction change there: from being the State's property to that of the federal government.

Are you meaning that the Federal Government has no jurisdiction whatsoever over any US State (I wish that was a reality by the way).

That's pretty much my meaning -- there are only a few federal crimes proscribed in the constitution:

1) Treason,
2) Piracy,
3) Counterfeiting, and
4) International law violations [arguably].
So, there should only be a few federal laws rather than the 846 pages of Title 18 of the US Code. Aside from the above four items, the only other thing that should be included would be the punishment for the crime of violating the Constitution, the highest law of the land... much like 18 USC 241 & 18 USC 242. Instead we have a monstrosity that is used to beat down the people (as it is obvious that it does not restrain the government, as is).
128 posted on 04/15/2013 3:05:39 PM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
[ Post Reply | Private Reply | To 127 | View Replies]

To: Enterprise

Thank you for once again reminding the forum how much you support the rights of the sovereign American citizen.

Perhaps tomorrow you’ll be able to develop a coherent argument as to why an American citizen should be victimized by 3 AM intruders and should have the responsibility of flipping a coin to determine whether the intruders are “From the Government and Here to Help” or Common Criminals.


129 posted on 04/15/2013 7:55:12 PM PDT by Altariel ("Curse your sudden but inevitable betrayal!")
[ Post Reply | Private Reply | To 121 | View Replies]

To: Altariel
"Perhaps tomorrow you’ll be able to develop a coherent argument as to why an American citizen should be victimized by 3 AM intruders and should have the responsibility of flipping a coin to determine whether the intruders are “From the Government and Here to Help” or Common Criminals."

Assuming you are an American citizen, what would YOU do?

130 posted on 04/15/2013 7:58:06 PM PDT by Enterprise ("Those who can make you believe absurdities can make you commit atrocities." Voltaire)
[ Post Reply | Private Reply | To 129 | View Replies]

To: Enterprise

The defense of that position is yours to make, not mine.

Perhaps tomorrow you’ll be able to develop a coherent argument as to why an American citizen should be victimized by 3 AM intruders and should have the responsibility of flipping a coin to determine whether the intruders are “From the Government and Here to Help” or Common Criminals.


131 posted on 04/15/2013 8:04:24 PM PDT by Altariel ("Curse your sudden but inevitable betrayal!")
[ Post Reply | Private Reply | To 130 | View Replies]

To: Altariel

I don’t have to be your organ grinder monkey big mouth. What would YOU do? Answer or STFU!


132 posted on 04/15/2013 8:08:56 PM PDT by Enterprise ("Those who can make you believe absurdities can make you commit atrocities." Voltaire)
[ Post Reply | Private Reply | To 131 | View Replies]

To: Enterprise

The defense of that position is yours to make, not mine.

Perhaps tomorrow you’ll be able to develop a coherent argument as to why an American citizen should be victimized by 3 AM intruders and should have the responsibility of flipping a coin to determine whether the intruders are “From the Government and Here to Help” or Common Criminals.


133 posted on 04/15/2013 8:09:24 PM PDT by Altariel ("Curse your sudden but inevitable betrayal!")
[ Post Reply | Private Reply | To 132 | View Replies]

To: jiggyboy

It seems that is all he/she is intellectually capable of bringing to the table.

But then, defending government thuggery *is* a logically irrational position, so one must not be surprised.


134 posted on 04/15/2013 8:11:28 PM PDT by Altariel ("Curse your sudden but inevitable betrayal!")
[ Post Reply | Private Reply | To 103 | View Replies]

To: Altariel

Adios idiot.


135 posted on 04/15/2013 8:11:49 PM PDT by Enterprise ("Those who can make you believe absurdities can make you commit atrocities." Voltaire)
[ Post Reply | Private Reply | To 133 | View Replies]

To: savedbygrace

How about “the LEO ought be prosecuted with violation of the same laws any American citizen under the same circumstances would be charged with, and removed from the force”.

Bingo. Instant motivation to make certain they have the right information, on the right person, at the right place and time.


136 posted on 04/15/2013 8:13:49 PM PDT by Altariel ("Curse your sudden but inevitable betrayal!")
[ Post Reply | Private Reply | To 29 | View Replies]

To: Enterprise

The defense of that position is yours to make, not mine.

Perhaps tomorrow you’ll be able to develop a coherent argument as to why an American citizen should be victimized by 3 AM intruders and should have the responsibility of flipping a coin to determine whether the intruders are “From the Government and Here to Help” or Common Criminals.


137 posted on 04/15/2013 8:14:10 PM PDT by Altariel ("Curse your sudden but inevitable betrayal!")
[ Post Reply | Private Reply | To 135 | View Replies]

To: Altariel
The defense of that position is yours to make, not mine.

Perhaps tomorrow you’ll be able to develop a coherent argument as to why an American citizen should be victimized by 3 AM intruders and should have the responsibility of flipping a coin to determine whether the intruders are “From the Government and Here to Help” or Common Criminals.

138 posted on 04/15/2013 8:21:40 PM PDT by Enterprise ("Those who can make you believe absurdities can make you commit atrocities." Voltaire)
[ Post Reply | Private Reply | To 137 | View Replies]

To: redreno

Bring ‘em on. I’m lookin’ for a legacy retirement that leaves me several millions to pass on to my heirs...(will I sue? Trust me!)


139 posted on 04/15/2013 8:22:08 PM PDT by GGpaX4DumpedTea (I am a Tea Party descendant...steeped in the Constitutional Republic given to us by the Founders.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Christie at the beach

This was not the f’n mostly evil big city police (Chicago, NOLA types), these ba$tard$ were US Marshals.


140 posted on 04/15/2013 8:27:45 PM PDT by GGpaX4DumpedTea (I am a Tea Party descendant...steeped in the Constitutional Republic given to us by the Founders.)
[ Post Reply | Private Reply | To 53 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-20 ... 101-120121-140141-160 ... 241-260 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

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