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Texas Sheriffs Raid, Search, Seize, & Arrest of Homeowner Who Refused Consent to Warrantless Search

Posted by ObjectiveAnalyst 9 years, 8 months ago to Government
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Here we go again: Another fine example of heavy handed Police tactics against the innocent without a warrant. Hello Police, get a damned warrant and stop following unconstitutional orders. Really... It can't be that hard to get a warrant if one is justified. And, in this case speaking to the homeowners should have been enough investigating this uncorroborated "imminent threat." There was no need to force a search and abuse the homeowners. Unless of course you are so in lockstep that common sense has eluded you and you believe they were all in collusion...
Additional link to the source: https://www.rutherford.org/publicatio...


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  • Posted by $ allosaur 9 years, 8 months ago in reply to this comment.
    The primary reason for annual training in the Alabama Department of Corrections is to protect the department from lawsuits.
    Example: For 21 years I was trained not to hit an inmate in the head with my baton, If I ever brained an inmate with my baton, I would, at least in theory, be on my own in a courtroom.
    I don't know how county mounties or city cops are trained.
    I suspect hardly at all as well for the large part.
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  • Posted by Esceptico 9 years, 8 months ago
    Getting a warrant is very easy, few are ever denied. In fact, when I was a prosecutor, I never had one denied.
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    Posted by gerstj 9 years, 8 months ago
    Even if there is a ruling against the police department, it will be the insurance company or the taxpayers who will pay the judgment. There needs to be personal sanctions against the officers such as removal, assault charges, or individual judgments..
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  • Posted by SaltyDog 9 years, 8 months ago
    If the homeowners were black, the DoJ would have been there on a rocket sled.
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  • Posted by 9 years, 8 months ago in reply to this comment.
    Well, it would at least be one more check/speed-bump to slow down the abuse and Judges are elected, whereas Police are hired and thus unchecked even by the voters. As for magistrates, though they are un-elected they still must abide by some constraints http://nationalparalegal.edu/conLawCr... I completely support and agree with your argument regarding immunity. It should apply to Police as well as Judges and Magistrates..
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  • Posted by 9 years, 8 months ago in reply to this comment.
    Hello Zenphamy,
    Exactly. There is no incentive when in one is immune to the repercussions the rest of us mere plebes must be bound by.
    Regards,
    O.A.
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  • Posted by Zenphamy 9 years, 8 months ago in reply to this comment.
    I'm not sure that them getting a warrant is the answer to the problem since all they have to do is call a magistrate, not even a judge or a court of record.

    It has more to do with gaining respect from police for the homes and rights of citizens. Remove their immunity.
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  • Posted by 9 years, 8 months ago in reply to this comment.
    Hello richrobinson,
    Indeed. And, if that is all that is required to have their way, then it is no leap of logic to assume many will make such a statement (true or false) arbitrarily in order to have their way regardless of one's rights. If allowed to stand it is an unjust power fraught with exponential opportunity for more abuse.
    Regards,
    O.A.
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  • Posted by $ jbrenner 9 years, 8 months ago in reply to this comment.
    Instantaneous responsiveness is one of the reasons why cell phones and e-mail were invented. If they had made a couple of phone calls, the warrant process could have happened in parallel.
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  • Posted by richrobinson 9 years, 8 months ago
    They never did explain why they were looking for the son and this unnamed girl. Is it possible they believed the son had kidnapped someone? A warrant would have been a slam dunk. The police will probably argue time was of the essence because of the medical condition.
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  • Posted by 9 years, 8 months ago in reply to this comment.
    Hello jbrenner,
    The additional shame is the desensitizing the general public is going through. The frequency of stories like this is such that you could catalog them and fill volumes. It is almost as if it is a concerted effort, when you consider along with them the expansion of military tactics and hardware... The public is being conditioned to ignore these abuses... What will big brother do next?
    Respectfully,
    O.A.
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  • Posted by $ jbrenner 9 years, 8 months ago
    This was done in the hometown of WW2 CINCPAC Chester Nimitz. He must rolling over in his grave.
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