Posted on 04/21/2021 7:03:39 AM PDT by Kaslin
A 69-year-old woman was walking her poodle in a public park in Northern California in late November. She was not wearing a mask.
She walked by groups of people who were.
A police officer, meanwhile, monitored her movements from the security of his squad car.
As she moved past the park into a middle-class neighborhood, he clandestinely trailed her. She walked past other people who were also out for strolls -- sometimes coming within three or four feet of them.
Being friendly neighbors, they nodded and smiled.
Then this dog walker turned into a driveway. The police officer turned on his overhead lights and pulled up as fast as he could to the front of her house.
By the time he got out of his car, she was already moving through her front door. Before she could completely shut it, however, he slammed his boot into it and knocked it open.
He then entered her foyer and asked her if she had even been carrying a mask on her walk. She said no.
He said, "You are under arrest."
This is not a true story. It is hypothetical. But is it so fantastical it could never happen?
Consider a true story now being pondered by the Supreme Court in the case of Lange v. California.
"One evening in October 2016, petitioner Arthur Lange was driving home in Sonoma, California," said the petition Lange's lawyers submitted to the Supreme Court asking it to take up his case.
"He was listening to loud music and at one point honked his horn a few times," said the petition.
"A California highway patrol officer, Aaron Weikert, began following Mr. Lange, 'intending to conduct a traffic stop,'" it said. "Officer Weikert later testified that he believed the music and honking violated Sections 27001 and 27007 of the California Vehicle Code.
"Those noise infractions carried base fines of $25 and $35," it said.
In other words, the officer was following a driver he suspected may be committing $60 worth of traffic violations.
"Officer Weikert initially followed at some distance and did not activate his siren or overhead lights," said the petition. "He neared Mr. Lange's station wagon only after Mr. Lange turned onto his residential street. Approaching his house, Mr. Lange slowed and activated his garage door opener. As Mr. Lange continued toward his driveway, Officer Weikert turned on his overhead lights, but not his siren or megaphone.
"At that point, Mr. Lange was about as far from his driveway as first base is from second," said the petition.
Lange pulled into his garage. But he did not make it safely home.
"As the garage door began to descend," said the petition, "Officer Weikert left his squad car, stuck his foot under the door to stop it from closing, and entered the garage."
The officer then discovered Lange might be responsible for more than just playing loud music and honking his horn.
"Upon entering the garage and questioning Lange, the officer observed signs of excessive intoxication, such as slurred speech," said the brief that then-California Attorney General Xavier Becerra submitted to the Supreme Court asking it not to take up this case.
Lange was given a blood test.
"Here, the Sonoma County District Attorney charged Lange with two misdemeanor violations of driving under the influence of alcohol ... and with an infraction for operating his car's sound system at an excessive level," said Becerra's brief. "Lange moved to suppress the evidence obtained after the officer entered Lange's garage, arguing that the officer had no justification to enter without a warrant."
Now, think of the hypothetical 69-year-old woman who walked her poodle without a mask. Was she a criminal?
On June 18, 2020, the California Department of Public Health issued a mask mandate under the authority of Gov. Gavin Newsom that said, in part: "People in California must wear face coverings when they are in the high-risk situations listed below: ... While outdoors in public spaces when maintaining a physical distance of 6 feet from persons who are not members of the same household or residence is not feasible."
The Los Angeles Times reported then: "Under state law, residents who violate the new requirement could be charged with a misdemeanor and potentially face a financial penalty, according to a representative for the Newsom administration."
On Nov. 16, 2020, the Newsom administration published an updated -- and somewhat stricter -- mandate.
"People in California must wear face coverings when they are outside of the home unless one of the exemptions below applies," said the November update.
"Individuals are exempt from wearing face coverings," it said, "in the following specific settings: ... Persons who are outdoors and maintaining at least 6 feet of social distancing from others, not in their household. Such persons must have a face covering with them at all times and must put it on if they are within 6 feet of others who are not in their household."
The hypothetical dog walker violated this mandate.
But did the government law enforcement agency that entered her hypothetical home -- or Lange's actual garage -- violate the Fourth Amendment? It says: "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."
In a brief in Lange v. California that was joined by the American Conservative Union Foundation and the Cato Institute, the American Civil Liberties Union says: "By categorically permitting police officers to enter a home without a warrant whenever they pursue a suspect they have probable cause to arrest for a misdemeanor, the California Court of Appeal violated petitioner's Fourth Amendment rights."
This is the right position.
If a law enforcement officer suspects someone is driving under the influence -- as opposed to playing loud music and honking his horn -- he should pull him over immediately to protect both that person and the public.
But when a law enforcement agency wants to enter someone's home -- other than to protect people there from a life-threatening emergency -- it should get a judge to give it a warrant.
I remember in high school when I first got my license, riding my motorcycle home, a cop followed me and then pulled into the driveway behind me. No ticket or arrest, just a stern lecture about speed on the city streets, 30 or something on in a 25 mph zone. Worst was my mom standing at the window watching.
Do you think only have rights? You are greatly mistaken.
Yea, but ordnance typically do not have any decibel limits and as such are illegal. Further more, there must be a calibrated sound meter with a print out that is certified by a quality control organization.
this has been used successfully and could probably be use by a skillful lawyer to make some money for u.
Have a hunch, bet a bunch!
Heien v. North Carolina and Whren v. United States.
About 500 yards, down a hill (80 foot elevation drop) and through some trees.
My wife and I don’t need any houses around us. In fact, we prefer absolute solitude. That would have been hell on earth with my first wife, though. This is a paradise for grand kids, though.
Any damn time they want to. Put them on a pedestal, give them political cover and don’t be surprised if they go “Boston Strong” on you.
Part of the problem are municipal codes. Most local codes consider your front yard, driveway, and any rooms with open doors including your garage and home as “public access”, especially for law enforcement and it gives them a false sense of authority.
This is why they are being allowed to arrest you for drunk driving even if you are just sitting on your front porch and have your car keys in your pocket. Even though no one saw you driving and your car is parked in your own driveway.
The local “right of way” and “setback” laws are flawed and unjust in the first place. Your private property is only considered to be inside your home if the doors are closed, and your backyard. And in some cases not even your backyard.
When someone drives by with the radio blaring in the car the loud music fades as they drive by, doesn’t it? I was talking about if a neighbor was his radio or boombox in his house so loud that you could hear it all over the neighbor hood, which is a huge difference.
Reminds me of what G Gordon Liddy said...
“Now if the Bureau of Alcohol, Tobacco and Firearms comes to disarm you and they are bearing arms, resist them with arms. Go for a head shot; they’re going to be wearing bulletproof vests.”
When I was about 23, I was driving from LA to Phoenix and got stopped by an Arizona State Trooper on I-10 near the CA-AZ border. I didn’t break any laws and was obeying the speed limit. The officer’s excuse for the stop? “Sometimes people get drowsy driving these highways and I just wanted to make sure you were ok and alert.” It infuriated me at the time, but I kept my cool and he let me go with that caution. He didn’t find any ginned-up reason to give me a citation. That was the first of three consecutive stops in the next year where I was stopped but not cited. That was a weird run.
Are you really that dense? First of all if you are playing your radio or boombox so loud that you could hear it all over the neighbor hood don’t be surprised if a neighbor called the police and complained about the loud “music” (It’s called disturbing the peace , and that is against the law, believe it or not. A police man wouldn’t have any reason to brake into your door, he or she would knock on your door and kindly would ask you to turn the music down.
So why not turn the music down?
Same could be said for lawnmowers and weed eaters. Many work graveyard shifts are being inconvenienced by this too. Should a cop be able to kick in your door because you ran your lawnmower 5 minutes before 7am?
The horror! First of all, the story makes no mention of a neighbor calling on the driver, the officer alone made the determination that the driver was playing music too loud. Also honking the horn a few times isn't a sign of intoxication if he use the horn appropriately to communicate a warning to other drivers or pedestrians. That why they put horns in cars. If the government has determined that just by honking your car horn is so horrible that you can be pulled over for just using it then auto manufacture should not be allowed to put them in cars. Secondly, if he didn't stop the man before he went into his house he needed to get a warrant to enter his house. if the officer knocked on the door and the man was dumb enough to answer then maybe he could've been arrested legally. The driver in question did not know he was being pursued. The officer messed up and should be punished. Your inner totalitarian is showing.
I do. Many years ago when we were stationed at Fort Riley, Ks, we drove to Colorado on vacation and beyond Golden, Co we drove up a hill. Oh it was beautiful. My husband didn’t like it because he didn’t like height and although I liked it, but as I said I have to have houses around me I would feel lost with out them.
I love when people talk about “loud music” these days. These are sub woofers with thousand watt amplifiers that radiate low frequency oscillation to a block radius - sometimes more. It’s so beyond “loud music” - that’s it’s just frickin’ laughable.
The whole country needs to ban this crap. Boulder CO fines you $1,000 dollars and Boulder is quiet. As goofy as they are that’s one thing they did right.
Naturally he wanted to drive and so he did. It was not long until we heard the siren behind us. To make the story short, my brother paid the fine and than asked the highway patrol officer if he could take a picture of the officer. I thought it was hilarious,
About 16 years ago I was driving west on I-10 just over the California border and I was pulled over because he thought from the glow on my face that I was watching a video while driving. I had just bought a new Acura MDX manufactured with a large screen navigation unit that I was using and it was causing the glow on my face.
I told him it was just a navigation screen and could not play video. He said that it was illegal. I said that it was stock from Acura and that greater minds than mine and his had decided that it was perfectly legal. I asked him if he wanted to see my owners manual detailing the usage of the navigation. He made a face at me as if he had short circuited and said “turn down the brightness at night because it is unsafe.” I just answered with “May I go now or do you have a problem with the other standard equipment on my car?”
He conceded and I drove off thinking “What an a-hole!” Even after all this time is past I get irritated thinking about it.
If your first response to a problem is "there ought to be a law", YOU are the problem.
95% of the problems in this country would be gone if 95% of the busy-body, nanny-state, karens would shut their stupid mouths and mind their own business.
Saw a Yard sale Monday, shock there haven’t been any since COVID, nice baby stuff, our sub division has narrow streets, you pull over onto grass, the cars were parked along both sides creating a hazard, some neighbor called the Police, 1 older officer, just told the yard sale people not to block the street, have a Good day. Cars then parked on 1 side, leaving room for traffic. Difference in big cities and small town America.
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