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7th Circuit upholds warrantless entry, seizure of gun rights activist
Journal Sentinel ^ | 05/13/2014 | Bruce Vielmetti

Posted on 05/14/2014 9:55:15 AM PDT by aimhigh

Milwaukee police who forced their way into a gun rights advocate's home without a warrant, took her for an emergency mental evaluation and seized her gun were justified under the circumstances and protected from her civil rights claims, a federal appeals court has ruled.

"The intrusions upon Sutterfield's privacy were profound," Judge Ilana Rovner wrote for three-judge panel. "At the core of the privacy protected by the Fourth Amendment is the right to be let alone in one's home."

But the court also found, that on the other hand, "There is no suggestion that (police) acted for any reason other than to protect Sutterfield from harm."

(Excerpt) Read more at jsonline.com ...


TOPICS: Constitution/Conservatism; Crime/Corruption; Government; News/Current Events; US: District of Columbia; US: Wisconsin
KEYWORDS: 2ndamendment; 4thamendment; 7thcircuit; banglist; bush41appointee; communism; confrontationwatch; court; dissent; donutwatch; feos; fourthamendment; gopestablishment; ilanarover; ilanarovner; lawsuit; liberalagenda; mentalevaluation; milwaukee; rino; ruling; secondamendment; stasi; warrant
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To: Parley Baer
Wow! Must be a DimoKKKRAT judge.

A lot of quote-unquote "conservative" judges are actually "law and order" types, who believe that the police are never wrong, that any search is legal, and that anyone accused of any crime is guilty. Ronald Reagan's judicial appointees included many of this ilk. On the current Supreme Court, Alito and Thomas are good examples of this type of "conservative" thinking (but Scalia is not).

21 posted on 05/14/2014 10:20:00 AM PDT by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: Olog-hai

No, I don’t either, it just seems like all women judges are uniformly liberal and pass down absolutely senseless decisions. Just watch and see. If it’s a woman, it’s a bad decision. (constitutionally speaking)


22 posted on 05/14/2014 10:35:57 AM PDT by Shimmer1
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To: aimhigh

So let me see if I understand this, if the government thinks people who own a gun are a danger to themselves, the government can force entry in to your home without a warrant, seize your gun, Damn. These people are so caring!


23 posted on 05/14/2014 10:48:08 AM PDT by stockpirate (Only a tidal wave of tyrants blood will return our tree of liberty......)
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To: circlecity

“If you value your right to posess a firearm you can’t seek medical advise for any mental issues, including depression. That’s just the way it is right now.”

The common “throwaway questions” at the ER are:

Do you feel threatened today?
Do you have any feelings about doing yourself harm?
And at the doctors:
Do you own firearms?

Answering these questions will get you a visit from the cops with the intent of taking your guns.


24 posted on 05/14/2014 11:03:13 AM PDT by vette6387
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To: Shimmer1
I hate that I notice this, and I HATE that it’s true, but women judges are one of our worst enemies.

Federal Courts of Appeals sit in 3-judge panels. There were two male judges on this panel-- both appointed by Ronald Reagan-- who both joined the decision.

25 posted on 05/14/2014 11:46:28 AM PDT by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: Olog-hai

These were not “liberal” judges. Of the three judges on the panel, two (Flaum and Manion) were appointed to the Court of Appeals by Ronald Reagan, and the author of the opinion was appointed a trial judge by Reagan and then elevated to the Court of Appeals by George H.W. Bush. All three are considered “conservative” judges by lawyers who practice in the 7th Circuit.


26 posted on 05/14/2014 11:49:08 AM PDT by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: Lurking Libertarian

Of course they’re liberals. RINO = liberal. Considered “conservative” by whom, other RINOs?


27 posted on 05/14/2014 11:52:47 AM PDT by Olog-hai
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To: vette6387
"Answering these questions will get you a visit from the cops with the intent of taking your guns."

Or more specifically, answering these questions with anything other than "no" can cost you your guns.

28 posted on 05/14/2014 11:53:13 AM PDT by circlecity
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To: Olog-hai
Of course they’re liberals.

Can you show me any other "liberal" rulings they made? As I pointed out above, they are from the school of "law and order" conservatives.

29 posted on 05/14/2014 11:58:13 AM PDT by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: Lurking Libertarian

Are you calling this a conservative ruling, when it attacks the Second and Fourth Amendments?

You don’t understand basic human relations, it seems. One huge liberal ruling cancels out all past rulings that may be considered “conservative”, presuming they exist; it’s not a case of conservative rulings outweighing liberal ones by numbers or degrees. No strawman arguments, please.


30 posted on 05/14/2014 12:01:26 PM PDT by Olog-hai
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To: Gaffer

A good question.


31 posted on 05/14/2014 12:03:11 PM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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To: Olog-hai

It is most definitely a leftwing ruling.


32 posted on 05/14/2014 12:03:30 PM PDT by GeronL (Vote for Conservatives not for Republicans!)
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To: Lurking Libertarian
A lot of quote-unquote "conservative" judges are actually "law and order" types, who believe that the police are never wrong, that any search is legal, and that anyone accused of any crime is guilty. Ronald Reagan's judicial appointees included many of this ilk. On the current Supreme Court, Alito and Thomas are good examples of this type of "conservative" thinking (but Scalia is not).

I dunno; Thomas dissented in Raich -- the first paragraph of which reads:

Respondents Diane Monson and Angel Raich use marijuana that has never been bought or sold, that has never crossed state lines, and that has had no demonstrable effect on the national market for marijuana. If Congress can regulate this under the Commerce Clause, then it can regulate virtually anything–and the Federal Government is no longer one of limited and enumerated powers.

33 posted on 05/14/2014 12:07:32 PM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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To: Lurking Libertarian

Seems like these threads full of cognitive dissonance are getting more frequent. A lot of people just can’t wake up to the fact that it’s not right vs left. When there’s a boot pinning your neck to the ground it doesn’t matter if it’s the left boot or the right boot.


34 posted on 05/14/2014 12:09:21 PM PDT by Orangedog (An optimist is someone who tells you to 'cheer up' when things are going his way)
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To: Orangedog
That's one reason I try to frame my political complaints into constitutional vs. contraconstitutional, or statism vs. liberty, or moral vs. immoral.
(The NSA domestic espionage is a good example of something that can be phrased in each of these three areas, and usually leaves a bad impression of the agency if seriously considered.)
35 posted on 05/14/2014 12:29:43 PM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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To: Lurking Libertarian

Well, men too, but I stand by my observation though


36 posted on 05/14/2014 12:48:35 PM PDT by Shimmer1
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To: OneWingedShark
Thomas seems to be about the only member who understands that Wickard was a complete travesty, and that "interstate commerce" means what it says-- commerce that crosses state lines.
37 posted on 05/14/2014 12:56:01 PM PDT by pierrem15 (Claudius: "Let all the poisons that lurk in the mud hatch out.")
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To: Orangedog

Correct: it’s public employees (and their dependents, whether welfare queens or big banks) vs. the rest of us, who are slowly being forced to choose between serfdom or open revolt.


38 posted on 05/14/2014 12:57:29 PM PDT by pierrem15 (Claudius: "Let all the poisons that lurk in the mud hatch out.")
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To: GeronL

Yep. After the Nov elections I look for fedzilla to start crosschecking medical records with ccw permits, 4473s and other illegal databases.


39 posted on 05/14/2014 3:51:23 PM PDT by Eagles6 (Valley Forge Redux. If not now, when? If not here, where?)
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To: aimhigh

If I recall, Nazi Germany relied more on word of mouth than on their own investigations when it came to throwing people in jail. It would seem the door to that happening in America is now open.


40 posted on 05/15/2014 3:45:46 AM PDT by RWB Patriot ("My ability is a value that must be earned and I don't recognize anyone's need as a claim on me.")
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