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

Skip to comments.

Federal court: police can break down door and seize guns without warrant or charges
Police State USA ^ | May 18, 2014 | staff

Posted on 05/23/2014 2:06:11 PM PDT by 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

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


TOPICS: Constitution/Conservatism; News/Current Events
KEYWORDS: abuseofpower; banglist; break; court; federal; guns
Navigation: use the links below to view more comments.
first 1-2021-4041-43 next last
If you like your constitution, you can... stuff it.
1 posted on 05/23/2014 2:06:11 PM PDT by Nachum
[ Post Reply | Private Reply | View Replies]

To: Nachum

Whiskey Tango Foxtrot, Over.


2 posted on 05/23/2014 2:07:09 PM PDT by Lazamataz (Early 2009 to 7/21/2013 - RIP my little girl Cathy. You were the best cat ever. You will be missed.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Nachum

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


3 posted on 05/23/2014 2:07:11 PM PDT by RIghtwardHo
[ Post Reply | Private Reply | To 1 | View Replies]

To: Nachum

4 posted on 05/23/2014 2:08:16 PM PDT by kingattax (America needs more real Americans.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Nachum

The Federales are here .. Hide the COnstitution.


5 posted on 05/23/2014 2:08:35 PM PDT by NormsRevenge (Semper Fi - Revolution is a'brewin!!!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Nachum

I’d be more angry with the psychiatrist than the police. What ever happened to patient confidentiality? What business did she have calling the police?


6 posted on 05/23/2014 2:09:30 PM PDT by Cicero (Marcus Tullius)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Nachum

Where in the Constitution was this?

These judges need to be removed from the bench, all of them if you ask me.


7 posted on 05/23/2014 2:11:24 PM PDT by GeronL (Vote for Conservatives not for Republicans!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Cicero

Anyone who goes to a psychiatrist these days is clearly out of their mind.


8 posted on 05/23/2014 2:12:21 PM PDT by Lazamataz (Early 2009 to 7/21/2013 - RIP my little girl Cathy. You were the best cat ever. You will be missed.)
[ Post Reply | Private Reply | To 6 | View Replies]

To: NormsRevenge

A federal court? About time for trials and firing squads for treason.


9 posted on 05/23/2014 2:13:02 PM PDT by MHGinTN
[ Post Reply | Private Reply | To 5 | View Replies]

To: Nachum

Having read the entire story, I am disgusted. Unless the facts are vastly different from the report, I would give this woman a whole lot of money in any civil lawsuit (and I hate civil lawsuits in general). I would also shun any cop involved in such reprehensible conduct. Once they found her talking normally through the door, their only legal authority to break into her home could come through a search warrant, and they didn’t bother to get one. The police were 100% legally wrong, and trampling her rights for what they claim to be her own good does not justify that wrong.


10 posted on 05/23/2014 2:13:16 PM PDT by Pollster1 ("Shall not be infringed" is unambiguous.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: RIghtwardHo
Insanity. And you KNOW the “conservative” SCOTUS would uphold this.

But they will still vote "D" and often too.

11 posted on 05/23/2014 2:16:16 PM PDT by Don Corleone ("Oil the gun..eat the cannoli. Take it to the Mattress.")
[ Post Reply | Private Reply | To 3 | View Replies]

To: Nachum
“A psychiatrist, Dr. Michelle Bentle, phoned police to report that a patient had expressed a suicidal thought during an outpatient appointment”

First gigantic mistake - going to a psychiatrist.

90% of the bartenders in the world give better advice. And it only costs a few drinks.

12 posted on 05/23/2014 2:21:17 PM PDT by I cannot think of a name
[ Post Reply | Private Reply | To 1 | View Replies]

To: Nachum; Hunton Peck; Diana in Wisconsin; P from Sheb; Shady; DonkeyBonker; Wisconsinlady; JPG; ...

Wisconsin 7th District Appeals Court rules police can break into your home and seize guns if they think you may be suicidal.

FReep mail me if you want on, or off, this Wisconsin interest ping list.


13 posted on 05/23/2014 2:23:37 PM PDT by afraidfortherepublic
[ Post Reply | Private Reply | To 1 | View Replies]

To: Nachum; BuckeyeTexan
In short, Sutterfield’s privacy (which was admittedly encroached upon) was left unprotected by the Bill of Rights because of the “exigent circumstances” in which police executed an emergency detention — with no warrant, no criminal charges, and no input from the judiciary. Similarly, the gun confiscation was also deemed as acceptable due to the so-called “emergency” which police claimed had been taking place for 9 consecutive hours.

Probable cause of "exigent circumstances" as a valid reason to search a house without a warrant is settled law - nothing new. If the court found probable cause, then, again this is nothing new.

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

14 posted on 05/23/2014 2:23:59 PM PDT by PapaNew
[ Post Reply | Private Reply | To 1 | View Replies]

To: Nachum

They can’t have my guns, but they can have my ammo, through my guns.


15 posted on 05/23/2014 2:31:56 PM PDT by fwdude ( You cannot compromise with that which you must defeat.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Nachum

“America..we hardly knew ya’”


16 posted on 05/23/2014 2:40:03 PM PDT by Don Corleone ("Oil the gun..eat the cannoli. Take it to the Mattress.")
[ Post Reply | Private Reply | To 1 | View Replies]

To: Nachum

I bet this woman voted for the leftists who have made her a serf without rights. Surprise! They are all about control, not liberty or rights.


17 posted on 05/23/2014 2:44:25 PM PDT by pallis
[ Post Reply | Private Reply | To 1 | View Replies]

To: Cicero
What ever happened to patient confidentiality? What business did she have calling the police?

It's now THE LAW.

18 posted on 05/23/2014 2:56:20 PM PDT by UCANSEE2 (Lost my tagline on Flight MH370. Sorry for the inconvenience.)
[ Post Reply | Private Reply | To 6 | View Replies]

To: Nachum
...in the citizen’s best interest.

Of course it is in the citizens best interest to be unarmed...especially if everyone is unarmed.

19 posted on 05/23/2014 3:03:25 PM PDT by Aevery_Freeman (Historians will refer to this administration as "The Half-Black Plague.")
[ Post Reply | Private Reply | To 1 | View Replies]

To: UCANSEE2
It's now THE LAW.

After that kid shot up the movie theater in Colorado, is that when this became law?

I was just going to reply that the woman ought to sue the shrink before reading your post.

Does she have any further recourse?

20 posted on 05/23/2014 3:04:52 PM PDT by tsomer
[ Post Reply | Private Reply | To 18 | View Replies]


Navigation: use the links below to view more comments.
first 1-2021-4041-43 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