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To: greydog
The officials had no search warrant. Their seizure of the duck is therefore illegal, and they are therefore guilty of a Federal crime (it's a Federal crime for State officials to violate the Constitutional rights of a US citizen.

Title 18, U.S.C., Section 242) Deprivation of rights under color of law:

Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.

28 posted on 08/20/2005 10:57:15 AM PDT by sourcery ("Compelling State Interest" is the refuge of judicial activist traitors against the Constitution)
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To: sourcery

It sounds like she's SOL with respect to 18 USC 242 if she is a white anglo-saxon.


32 posted on 08/20/2005 11:02:37 AM PDT by NonValueAdded ("Freedom of speech makes it much easier to spot the idiots." [Jay Lessig, 2/7/2005])
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To: sourcery
Their seizure of the duck is therefore illegal, and they are therefore guilty of a Federal crime

I wouldn't hold my breath waiting for them to be prosecuted for it. The feds cover for their own.

45 posted on 08/20/2005 11:29:00 AM PDT by Prime Choice (E=mc^3. Don't drink and derive.)
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To: sourcery
BUT; Migratory birds (ducks) are regulated under international treaties that are administered by Federal law and it's agents. In this case being the state DOW officers. See why they get overzealous.
53 posted on 08/20/2005 12:12:25 PM PDT by Dust in the Wind (I've got peace like a river. . .)
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