Federal court: police can break down door and seize guns without warrant or charges

Police State USA ^ | May 18, 2014 | staff

[Nachum]

MILWAUKEE, WI — The 7th U.S. Circuit Court of Appeals has ruled that it is not a violation of constitutional rights if police break down a citizen’s door, search the home, and confiscate firearms, so long that they believe it is in the citizen’s best interest. A Doctor’s Concern

The lawsuit stems back to an incident that occurred on May 22, 2011. A psychiatrist, Dr. Michelle Bentle, phoned police to report that a patient had expressed a suicidal thought during an outpatient appointment; the woman had received some bad news and privately expressed grief during a difficult appointment.

At approximately noon, Milwaukee Police were dispatched to search for Krysta Sutterfield, age 42 at the time, in order to forcibly detain her and commit her for a mandatory medical evaluation. In Wisconsin, the mere suggestion of suicide is grounds for forcible police detention.

Sutterfield told Police State USA that the alleged threat that was perceived by her doctor, put out by police, and then quoted by the media was sensationalist and false. She recalled: “I never said anything like ‘I’m going to harm myself.’”

According to Sutterfield, police went about locating her in an odd manner. “That night, the police had time to find out where I’d bought my car, and call the dealer to get info on my car,” she told Police State USA. “But they didn’t bother to look in the phone book (or ask my doctor for my phone numbers) and call me.”

Hours passed. No contact had been made between police and Ms. Sutterfield. However, Dr. Bentle and Sutterfield had a phone conversation that afternoon.

“She knew I was fine,” Sutterfield told Police State USA. “We agreed to talk the next day.”

After being informed of the police involvement, Sutterfield requested that Dr. Bentle ask that

[Cicero]

Well, that too.

[faithhopecharity]

There are, however, a lot of houses where they won’t get away doing that...

[PATRIOT1876]

What if the Politburo in Washington says it's crazy to not believe in man made global warming?
What if they say it's crazy to have served our country?

What if they say it's crazy to be in the TEA Party?

What if they say it's crazy to study the End Times?

What if they say logic and common sense is crazy and every word that proceeded out of the mouth of a corrupt government official carries more weight that what God said?

...Opps, I forgot, they already have....

[Lurking Libertarian]

Not sure what the "qualified immunity" part is about though.

Under a long line of Supreme Court cases, if you sue the cops for money damages for violating your constitutional rights, the cops have "qualified immunity" from paying damages unless it was clear that what they did was illegal. The idea is that cops shouldn't pay damages if what they did was in a gray area, even if it turns out later that the court finds their actions illegal.

Here, the court said that it was a gray area whether the "exigent circumstances" exception to the warrant requirement applied.

[Scrambler Bob]

Meanwhile, in Maine a sheriff struggles with PSTD, (and somehow stays a sheriff with a gun???).

Documented in “A Matter of Duty” film.

http://www.mpbn.net/Television/LocalTelevisionPrograms/AMatterofDuty.aspx

[PapaNew]

Gottcha. Thanks.

[unixfox]

The Federales are here .. Hide the COnstitution.

And bring out the guns.

[stevio]

You know, it’s really the courts that have become the enemy.

[DoughtyOne]

We do not check the citizenship staus of Hispanics when reporting a crime, because we don't want them to fear going to the police.

We do check gun ownership of citizens when they go to a doctor.  Who cares if this means they will stay away from a psychologist when they actually need someone to talk to.

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...this is a general all purpose message, and should not be seen as targeting any individual I am responding to...

[colorado tanker]

Under a long line of Supreme Court cases, if you sue the cops for money damages for violating your constitutional rights, the cops have "qualified immunity" from paying damages unless it was clear that what they did was illegal. The idea is that cops shouldn't pay damages if what they did was in a gray area, even if it turns out later that the court finds their actions illegal. Here, the court said that it was a gray area whether the "exigent circumstances" exception to the warrant requirement applied.

Yes. The way I read the case there wasn't any question there was a 4th Amendment violation, the question was qualified immunity precluding a damages award.

[ChildOfThe60s]

And you KNOW the “conservative” SCOTUS would uphold this.

They can say the sun is blue. Doesn't make it so.

The ball is in our court.............

[alpo]

Went to a after-hours clinic recently after stepping on a rusty nail.
Person taking my history asked if I had suicidal thoughts or wanted to harm others.

They are building the database to make the takeover easier.

[Secret Agent Man]

i believe there are laws that require them to contact police if they believe the patient is a genuine danger to themselves or other people.

anyone who goes to these people better understand doctor-patient confidentiality isn’t absolute. and it could be subjective and the docs will be safe rather than sorry.

there will be a day fedgov co-opts these folks to disarm people over what they say in these sessions.

[Secret Agent Man]

every day i’m not around medical people...

[Secret Agent Man]

well if the people who saythey know the law better than we do, and that they ARE the law, then if they eff up they ought to pay.

[Age of Reason]

Did they ask if she has a gas oven, then confiscate that too?

[BwanaNdege]

“Did they ask if she has a gas oven, then confiscate that too?”

Also:

Car Keys (car?)
Shoes (in case she wanted to walk out & step in front of a bus)
Knives
Lamp cords
Neckties
Rope
Plastic Bags
Sleeping Pills
Razor blades
Bathtubs
etc
etc
etc

[epow]

Amendment IV:

"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

I didn't know that the 4th Amendment has been repealed. When did that happen, and why wasn't I told about it?

[MaxMax]

If the Fed judges can ignore state Constitutions over Homo marriage and get away with it,
and while the public isn't doing a damn thing to stop them, why not this?

Joe Blow and Hairy Mary are to stoned too give a crap.

All those bastard judges should be impeached by Boehner, but he's PW Obama boytoy now.

[epow]

You know, it’s really the courts that have become the enemy.

You know, you're absolutely right.

But you aint seen nuthin yet, just wait til Obama finishes appointing a passel of his like-minded lawyers as judges for the federal courts.

And beyond that, he only needs to appoint one more USSC Justice in order to turn the highest court in the land into another arm of the far left gang that he brought to the White House with him. Then the entire BOR can and will be totally re-interpreted to accommodate the far-left agenda that he's determined to impose on the American people before he's done.