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To: OldDeckHand
The story describes the service of a lawfully obtained search warrant. If the warrant wasn't lawfully obtained, the "victim" would have cause for action. He doesn't.

While a legal search warrant does help prevent legal action it's not full proof. What happens if it's shown the cops didn't use reasonable force? Or what happens if they prove he was thrown down the stairs and they never properly identified themselves as law enforcement and instead just started yelling get down pervert? So he asked who they were and they threw him down the stairs?

Does the search warrant protect against that behavoir? Or what if the cops shot him? Is that protected too because they had a search warrant?

Also I would like to think they should be able to show negligence in obtaining the warrant under false claims. Of course I'd need to see the warrant and what the police used to justify the request. If they lied on the claim and said the wifi device was secured or that no one other than someone in that house could have made that connection then there should be a law suit somewhere in that gross negligence--not sure if it's possible though. The prosectutors and courts get way too much power and protection for themselves.

Where I live the chief prosecutor was busted for not providing exculpatory evidence to the accused (and a bunch of other stuff). Still that person is the chief prosecutor even though there's a 2nd investigation into her and her office. At most she will just get her wrist slapped and this one individual *may* get released pending retrial. But in the meantime how many other people did she get convicted through illegal methods?

My solution to all this is any cops or prosecutors found guilty of committing a crime should get double the maximum sentence allowed. We all know it's extremely hard to catch a corrupt cop...so they clearly need a little extra encouragement.

For prosecutors...we need an outside agency that polices them (kind of like internal affairs) but they come from the ACLU. This would make it very interesting :-)

And judges should get triple the maximum for any crimes they commit. Like that crook in PA that was sending juveniles away to a contractor jail so he could get kickbacks/bribes from teh contractor.

151 posted on 04/24/2011 11:34:53 AM PDT by for-q-clinton (If at first you don't succeed keep on sucking until you do succeed)
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To: for-q-clinton
"What happens if it's shown the cops didn't use reasonable force? Or what happens if they prove he was thrown down the stairs and they never properly identified themselves as law enforcement and instead just started yelling get down pervert? So he asked who they were and they threw him down the stairs? "

If, if, if.

If any of that was true, he'd be suing. He's not - but yes, I realize that you think that this is all part of a some lofty legal strategy, or something, and the pending legal action will be filed forthwith.

Let me know how it turns out.

160 posted on 04/24/2011 11:41:25 AM PDT by OldDeckHand
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