Courts let cops violate 4th Amendment, murder people in their own home

[Bonesinium]

I feel this deserves its own thread.


In a case brought by a murder by SWAT, the 4th Circuit Court of Appeals ruled that summary execution is within the appropriate range of punishments for possessing a small amount of marijuana and that "no reasonable jury could have found that the Officers' knock-and-anounce violation proximately caused Cornish's death."


http://reason.com/archives/2015/04/01/courts-let-cops-get-away-with-murder


This article breaks it down even further.


http://www.washingtonpost.com/news/...odies-everything-thats-wrong-with-drug-raids/


About as good of an example of complete tyranny with regards to the 4A as you can get. Police cannot be held liable for PROVEN Constituional violations thanks to courts that REFUSE to uphold any laws. Corrupt. Disgusting. Abhorrent.

 

[the_shootist]

It's going to get ugly folks!

 

[Kicker96FS]

Almost there........

 

[exojam]

Damn, can we please just get this over in some way, shape or form.

Getting harder and harder to read the news just watching this country swirl around the bottom of the bowl.

 

[GM-GUY]

Using this as a defense to blasting anyone coming through a door forcefully. They can make every mistake and a exhonerated while the guy who 10 seconds ago was sound asleep makes 1 minor, non threatening mistake and it's all his fault.

Got it, don't break down my door (announced or unannounced) as you will surely die.


An yes, what exojam said - let's get this over with, we all know where it's going - let's get on with it.

 

[ToddDubya]

Damn, can we please just get this over in some way, shape or form.

Getting harder and harder to read the news just watching this country swirl around the bottom of the bowl.

People have been saying that the country is headed down the toilet for years. There have been a few very public opportunities throughout the years that could have / should have been tipping points and they weren't. I'm not suggesting anyone would or should follow Timothy McVeigh's example, but he saw what happened at Waco as Go Time. He thought he was going to set off a revolution, which is why he chose its two year anniversary as the date he took out the building. Had he set something off, history might have looked more fondly upon him and wikipedia wouldn't be using his B&W mug shot.

 

[Bonesinium]

It shows how effective systematic oppression can be. People who are willing to die are not looked at as martyrs, but as criminals, terrorists, and evil. So what happens instead, is people tolerate things, an what is tolerated becomes more and more, worse and worse. I cannot think of things much worse then tolerating police breaking into homes and killing people, yet here we are.

 

[Cap]

Its been 10 years since the guy was killed..."justice" moves slowly I guess.

And all this because of an empty bag in the trash that had weed in it at one point. [sad2]

 

[lowbuckbob]

These types of posts are not good for my blood pressure.

 

[ColdDayInHell]

Coming soon: Mandatory anal cavity searches to protect your freedom from the terrorists.

 

[exojam]

People have been saying that the country is headed down the toilet for years. There have been a few very public opportunities throughout the years that could have / should have been tipping points and they weren't. I'm not suggesting anyone would or should follow Timothy McVeigh's example, but he saw what happened at Waco as Go Time. He thought he was going to set off a revolution, which is why he chose its two year anniversary as the date he took out the building. Had he set something off, history might have looked more fondly upon him and wikipedia wouldn't be using his B&W mug shot.

And it had been going down the toilet for years.

Some may disagree with me but I believe the start will come from the non white race (also known as EBT people on this site). As most have been seeing they are loosing it with the cops, some for what I see as real issues and some not, but the fact is they are out getting in the cops faces, making noises and actually doing something.

I know it is not just a "cop" thing and a lot of of the other stuff is coming from the feds but it has to start somewhere. Maybe that is where it comes from??

Maybe the feds are just not ready to let things go that far as of yet as seen down at the range a few months back when ordinary people went down there to protect that mans land. They could have easily started things on a downward slope at that time.

Or maybe I just have not had enough sleep and my thoughts suck.

 

[StevieP]

Sadly, it's going to take someone pushed far enough to start taking out the judges, before the ones who are left will actually do their jobs, and defend the Constitution.

And with that, I'll be added to another watch list.

#Ididntdoitnobodysawmeyoucantproveanything

 

[CTpatriot]

Coming soon: Mandatory anal cavity searches to protect your freedom from the terrorists.

my prediction is that barney frank will have to fight obama for first in line.

 

[second]

Coming soon: Mandatory anal cavity searches to protect your freedom from the terrorists.

With or without lube?

 

[SteelShooter]

It can never start with just one

 

[Gak44]

Sadly, it's going to take someone pushed far enough to start taking out the judges, before the ones who are left will actually do their jobs, and defend the Constitution.

And with that, I'll be added to another watch list.

#Ididntdoitnobodysawmeyoucantproveanything

Yes, I believe that too. Someday, not much longer, it will start. I do not believe at this point the country can be saved. All we can do is have our revenge on the commie enemies that have destroyed it.

 

[ACK495]

I'm surprised that a judge or magistrate actually issued a search warrant, albeit, a knock and announce search warrant, for finding a little bit of weed in the trash outside an apartment. Usually it would take some type of sales or distribution clearly evident for that to happen. Maybe if the detectives did a couple buys out of the house then I could see the search warrant being granted. but unfortunately this guy punched his own ticket by coming at police with a knife. Whether it was in a sheath or not is irrelevant. as a police officer for the last 10 years, and someone who participated in dozens of search warrants, I know theses situations are fast moving, fluid, and chaotic. Somebody coming at you with a knife is going to get shot. Not a good situation all around.

 

[exojam]

I'm surprised that a judge or magistrate actually issued a search warrant, albeit, a knock and announce search warrant, for finding a little bit of weed in the trash outside an apartment. Usually it would take some type of sales or distribution clearly evident for that to happen. Maybe if the detectives did a couple buys out of the house then I could see the search warrant being granted. but unfortunately this guy punched his own ticket by coming at police with a knife. Whether it was in a sheath or not is irrelevant. as a police officer for the last 10 years, and someone who participated in dozens of search warrants, I know theses situations are fast moving, fluid, and chaotic. Somebody coming at you with a knife is going to get shot. Not a good situation all around.

So he punched his own ticket after having his house broken into without warning/announcement of "police" at 4:30 in the morning? I have to shake my head at that one.

So as a LEO yourself, if your door got busted in in the middle of the night without any announcement and you got up and retrieved any weapon to see what is taking place, would it be right for your ticket to be punched by a LEO? I highly doubt you or your family would think so. And by the way I would not either and it has nothing to do with you being a cop.

These no knock raids HAVE to stop.

Also, I am not sure why you are surprised by the judge signing off on this since they go it for having to much traffic coming to a house, even it is for older ladies doing quilting stuff.

 

[EC1]

Yes, I believe that too. Someday, not much longer, it will start. I do not believe at this point the country can be saved. All we can do is have our revenge on the commie enemies that have destroyed it.

Perhaps, but we have too many "friends" and "allies" that would be more than willing to help restore order.

 

[Palladin]

we're so f*cked

 

[ToddDubya]

And it had been going down the toilet for years.

Some may disagree with me but I believe the start will come from the non white race (also known as EBT people on this site). As most have been seeing they are loosing it with the cops, some for what I see as real issues and some not, but the fact is they are out getting in the cops faces, making noises and actually doing something.

I know it is not just a "cop" thing and a lot of of the other stuff is coming from the feds but it has to start somewhere. Maybe that is where it comes from??

Maybe the feds are just not ready to let things go that far as of yet as seen down at the range a few months back when ordinary people went down there to protect that mans land. They could have easily started things on a downward slope at that time.

Or maybe I just have not had enough sleep and my thoughts suck.

I wonder if the difference between the Bundy Ranch and Waco, TX is the Internet. The Man couldn't control the story because anybody with a computer could connect the dots between the BLM land grabs and Harry Reid and Sons. Anybody could share video of what was going on at Ground Zero. Before they could stomp out that terrible scofflaw rancher people had already shown up in his defense. Even the media's attempt to paint him as a racist through creative editing failed to raise enough support for The Man. I think if a shot had been fired at the Bundy Ranch a lot of Go Time alarm clocks would have begun ringing. The Man was smart enough to pull the stick back away from the sleeping bear.

Oops, did I just support your point and tear down my own?

Disclaimer: I'm only a keyboard political scientist but a crotchety old crank in real life.

 

[ACK495]

So he punched his own ticket after having his house broken into without warning/announcement of "police" at 4:30 in the morning? I have to shake my head at that one.

So as a LEO yourself, if your door got busted in in the middle of the night without any announcement and you got up and retrieved any weapon to see what is taking place, would it be right for your ticket to be punched by a LEO? I highly doubt you or your family would think so. And by the way I would not either and it has nothing to do with you being a cop.

These no knock raids HAVE to stop.

Also, I am not sure why you are surprised by the judge signing off on this since they go it for having to much traffic coming to a house, even it is for older ladies doing quilting stuff.

Yeah he did unfortunately. Don't get me wrong, the officers clearly have some blame in the outcome of this because they failed to announce but I would have to imagine, as all of us would, because we don't have all the facts, that they were dressed in police clothing that was clearly marked. And..once inside some or all were shouting "Police search warrant!" I could be wrong. Depends how the do things down there.

Again if you come at police with a knife, inside your own home or not, you lose. Right or wrong, its the way is and will be for the foreseeable future. Its hard to imagine that once he saw them and vice versa, they just stood there not announcing who they were and started giving him commands.

This was a knock and announce warrant for a reason. A no knock warrant needs certain criteria at least in my experience. No knock warrants do have a place in warrant services where the element of surprise is crucial if there is a threat of guns, suspect has a violent criminal history or the destruction of evidence.

 

[todd c]

I'm surprised that a judge or magistrate actually issued a search warrant, albeit, a knock and announce search warrant, for finding a little bit of weed in the trash outside an apartment. Usually it would take some type of sales or distribution clearly evident for that to happen. Maybe if the detectives did a couple buys out of the house then I could see the search warrant being granted. but unfortunately this guy punched his own ticket by coming at police with a knife. Whether it was in a sheath or not is irrelevant. as a police officer for the last 10 years, and someone who participated in dozens of search warrants, I know theses situations are fast moving, fluid, and chaotic. Somebody coming at you with a knife is going to get shot. Not a good situation all around.

i can't believe what i just read.

 

[ACK495]

i can't believe what i just read.

Very insightful Todd C. Care to elaborate?

 

[exojam]

Yeah he did unfortunately. Don't get me wrong, the officers clearly have some blame in the outcome of this because they failed to announce but I would have to imagine, as all of us would, because we don't have all the facts, that they were dressed in police clothing that was clearly marked. And..once inside some or all were shouting "Police search warrant!" I could be wrong. Depends how the do things down there.

Again if you come at police with a knife, inside your own home or not, you lose. Right or wrong, its the way is and will be for the foreseeable future. Its hard to imagine that once he saw them and vice versa, they just stood there not announcing who they were and started giving him commands.

This was a knock and announce warrant for a reason. A no knock warrant needs certain criteria at least in my experience. No knock warrants do have a place in warrant services where the element of surprise is crucial if there is a threat of guns, suspect has a violent criminal history or the destruction of evidence.

They have ALL THE BLAME, they pulled the dang trigger and should not have even been there.

How many times have we all seen where it is shoot first and than either "announce" or "drop the weapon".

You say it was for a reason (the no knock) so in your police experience, traces levels of MJ are reason for a no knock raid?

I could understand a no knock if someone's life was at eminent risk but for MJ, Jimeny crickets we are screwed if you cops feel a mans life is worth this.

 

[OfficerObie59]

Wow. Just wow.

The decision in that case reaches a level of absurdity usually reserved by the SJC for gun cases. I had a class with a well-known federal judge my last year of law school. He said that when an appeals court wants to overrule a case but they really don't have a legal basis to do so, they change the facts as established by the trial court. That looks to be exactly what happened here.

 

[GPP]

Wow. Just wow.

The decision in that case reaches a level of absurdity usually reserved by the SJC for gun cases. I had a class with a well-known federal judge my last year of law school. He said that when an appeals court wants to overrule a case but they really don't have a legal basis to do so, they change the facts as established by the trial court. That looks to be exactly what happened here.

Yup.

 

[Bonesinium]

And..once inside some or all were shouting "Police search warrant!" I could be wrong. Depends how the do things down there.

You just making things up now? I'm sure that is totally what happened, if they said it did. It isn't like they lied about knocking. Oops, they did lie about that. And it isn't like they lied about breaking down the door. Oops, they lied about that too. I'm sure they are super honest and trustworthy people, and that MUST have happened.

Again if you come at police with a knife, inside your own home or not, you lose. Right or wrong, its the way is and will be for the foreseeable future.

People like you ensure of that.

Its hard to imagine that once he saw them and vice versa, they just stood there not announcing who they were and started giving him commands.

They shot him. It isn't hard to imagine because that is what happened. You can make up all sorts of stuff that didn't happen, but the guy is dead, two to the head. But I bet after they killed him they probably told him to drop the knife, so you are totally right. His fault. Keep protecting that blue line.

This was a knock and announce warrant for a reason. A no knock warrant needs certain criteria at least in my experience. No knock warrants do have a place in warrant services where the element of surprise is crucial if there is a threat of guns, suspect has a violent criminal history or the destruction of evidence.

Exactly, it was a knock and announce warrant for a reason. Not NO reason. An actual reason. That reason being so a harmless guy doesn't end up dead. So when they VIOLATE that, and the guy DOES end up dead, if you justify it as you and those judges did, WHAT reason is it? Not a rhetoric question. WHAT reason? Clearly no reason actually matters if you can ignore it, do something else, and not be held accountable at all. That makes any reason completely meaningless.

Wow. Just wow.

The decision in that case reaches a level of absurdity usually reserved by the SJC for gun cases. I had a class with a well-known federal judge my last year of law school. He said that when an appeals court wants to overrule a case but they really don't have a legal basis to do so, they change the facts as established by the trial court. That looks to be exactly what happened here.

Yep. How do they come to a conclusion that no reasonable jury would think something when as a matter of FACT a jury already did! Disgusting. I'm sure that jury just happened to be made up of wholly unreasonable people. All of them. Because that makes sense. Corrupt *******s.

 

[ACK495]

They have ALL THE BLAME, they pulled the dang trigger and should not have even been there.

How many times have we all seen where it is shoot first and than either "announce" or "drop the weapon".

You say it was for a reason (the no knock) so in your police experience, traces levels of MJ are reason for a no knock raid?

I could understand a no knock if someone's life was at eminent risk but for MJ, Jimeny crickets we are screwed if you cops feel a mans life is worth this.

I would tend to agree with your first statement. Why a tactical team for such a small marijuana case? But we don't have all the facts surrounding their decision to use a team at 0430 hours instead of say a group of detectives or some plain clothes team during the day. We just don't know. Maybe thats just the standard procedure there. Maybe thats all the resources they have. But I can say, just from the facts I have from the articles from the OP, I wouldn't use a tact team for that.

I did say there ARE reasons to do a no knock vs a knock and announce. Here they ****ed up and didn't knock and announce when thats what the warrant called for, and it turned out real bad. Nobody I work with would ever feel anyones life is worth any kind or amount or illegal narcotic out there. But the no knock is merely a tactic for us when we really don't want them to get the jump on us, again, like I stated if there is threat of guns or if the suspect(s) have a history of violence or weapon charges.

 

[Point37]

This was a knock and announce warrant for a reason. A no knock warrant needs certain criteria at least in my experience. No knock warrants do have a place in warrant services where the element of surprise is crucial if there is a threat of guns, suspect has a violent criminal history or the destruction of evidence.

knock and announce (which they didn't do) at 4:30am for traces of weed in the garbage?...pretty excessive...could have served the warrant during the day without a swat team...that's a bullshit raid...who's to blame?...all of the following people have a part in this: whoever called on the guy (did the guy actually bother anyone to make this happen to him?, could have even been someone that wanted to send the guy to jail just planted some weed and ratted on him, could have been a buddy smoking at his place), whoever issued the warrant (do warrants give the time that the raid is to be conducted or do cops make this call? do warrants specify the amount of force or do cops make this call, i.e. swat or not?...the answers to those can pull the police chief into this too), the cops that didn't announce (def their fault that lead to a guy getting shot), the cop that shot the guy (may have a case since the guy had a knife and was approaching him) and maybe the guy with the knife (unannounced intruders no knock, no battering ram, must have just opened a unlocked door, in the middle of the night with flashlights shining in his face so he can't see and guns for a guy that is maybe smoking a little weed, why should he think it's the cops?)...the judge that let this slide is also at fault for the ruling...this whole thing is full retard