Taunton 4th Amendment Case

[Knuckle Dragger]

From the IJ's newsletter - a loss from the first circuit:

Man overdoses; his sister petitions to have him civilly committed. A judge issues a warrant to apprehend him that says, in bold print, he’s in hospital. Yikes! Taunton, Mass. police instead go to his parents’ house, damage it. A Fourth Amendment violation? Officers had an objectively reasonable basis to search the home, says the First Circuit.

ETA, the IJ's Short Circuits newsletter and podcast should be required reading/listening. They're very strong on police powers and qualified immunity issues. Well worth the time.

 

[Rob Boudrie]

Interesting reference in the decision to "subduing his dogs". Hope they made out OK.

 

[terraformer]

From the IJ's newsletter - a loss from the first circuit:



ETA, the IJ's Short Circuits newsletter and podcast should be required reading/listening. They're very strong on police powers and qualified immunity issues. Well worth the time.

Got to love it. They didn't go to the house AFTER the hospital, but before. I can see if they went after they had some sort of basis for thinking he bailed out to avoid being detained but before? I am glad to see they hate more rights than just the 2nd...

ETA: But you don't have to open your doors if ICE knocks on the door to take you in...

 

[Bonesinium]

It’s great. Police have no duty to do anything to help you, but if they happen to decide to want to, even if nobody is actually in need, they can violate the 4th Amendment and break into houses to do so.

That’s not corrupt or tyrannical at all.

“Objectively reasonable”.

Because it’s very objective to believe someone to be somewhere despite having a warrant stating they have actual information to their actual present location...and it’s somewhere else. Super objective.

“Qualified immunity”.

There was no legal basis for them to violate the law, but they’re cops. Are rulings would be moot without endorsement by cops so we will always give them the benefit of the doubt. Actually there needs to be no doubt, will just give them free passes regardless.

 

[Bonesinium]

The incompetence of every single cop involved cannot be overstated. Every single one of them had the warrant which stated his location in bold, and not one of them knew they were going to the wrong location?

Man, if everyone else sucked at their job as bad as cops we’d still be living in the Stone Age.

 

[Radtekk]

Baseball players get contracts and bonuses for hitting 250 or so. It's debatable whether these guys are doing a better or worse job sometimes.

 

[SpaceCritter]

Baseball players get contracts and bonuses for hitting 250 or so. It's debatable whether these guys are doing a better or worse job sometimes.

Big difference, though, between attempting to strike with a club a sphere someone is trying to throw past you at speed, and reading a piece of paper with boldface type.

 

[Dennis in MA]

One would think they would have quietly, willingly fixed the damned door. ?????

I wonder if they found a dangerous Assault Weapon what they would have done.

 

[GLOCK-22]

I feel bad for who ever is on the other side of the door being kicked in because if it ever happens to me I shoot first and ask questions later.

Now if you knock like a normal person then there is no problem I will answer the door because I am not a criminal and have nothing to hide.

But if a door gets kicked in I am assuming its a home invasion and I am doing a mag dump as fast as I can to protect my kids.

 

[Mark L]

"Objectively reasonable" appears no where in the Fourth Amendment. WTF are we supposed to do when the courts refuse to recognize rights violations? They're as bad as the minority of LEO's who don't give a shit about our rights.

 

[W.E.C]

Send the bill to the sister, and disinvite her from next thanksgiving.

Morons for entering the wrong house, unless they had a reason to believe he was not at 44 weir st.

And was hiding at the parents ,
Maybe the 4th only applies to literate officers.

the parents had to to vacate the house for 5 days to clean up a fire extinguisher powder?

A lot of b.s. on both sides,

 

[GM-GUY]

All you can do is be ready to repel invaders by whatever means are at hand.

I've been watching youtube videos of those guys sticking cameras in cops faces that keep saying over and over 'Am I being detained' - some of them are douche nozzles, others good guys. What do you think is going to happen when this stuff is given the A-Okay in the courts? Are people going to knuckle under or at they going to go Bundy, Koresh, Drega or Dorner on you? If the cops come to your house and bust in the door, what are you going to do? Take a look at news reports how it turns out for innocent folks:







What are they going to find on the illegal search, that you didn't even know about (or was planted) that magically turns you into a felon.


The officer just got indicted in January (about 6 months after the incident), but he was involved in ~500 cases - probably all these folks sitting in jail with highly questionable evidence.

As for me, I have perimeter alarms and live on a quiet dead end street - good luck sneaking up on me.

I hope for who ever is on the other side of the doors safety no one ever bust down my door because if it ever happens I shoot first and ask questions later.

Now if you knock like a normal person should then there is no problem I will answer the door because I am not a criminal and have nothing to hide.

But if a door gets kicked in I am assuming its a home invasion and I am doing a mag dump as fast as I can to protect my kids.

This, come have a chat - I'll talk, I'm home alone most days; I'd enjoy the company. Bust in my door - you are a gang member and will be treated accordingly.

 

[DecOFlaherty]

Just Once, I'd like to see a good third amendment case.

 

[JohnZ]

In these times we're in, it might be worth it to get one of these doors no matter what it costs. I wonder if qualified immunity protects them from hernias.

 

[Bonesinium]

WTF are we supposed to do when the courts refuse to recognize rights violations?

You can actually look at it even worse than that. It’s not just that they refuse to recognize violations, in many cases they acknowledge violations did exist, only to either outright dismiss them as not important, or give the violators a pass anyways for one of several bogus reasons.

In the end it’s all the same either way. Government always defends itself rather than your rights. All solutions require things that have nothing to do with courts.

 

[Rob Boudrie]

Just Once, I'd like to see a good third amendment case.

I think the feds commandeered a house near the Waco compound way back when against the wishes of the owner.

 

[Bonesinium]

Most potential 3A cases are already 4A violations and involved cops not a “Soldier”. Of course the difference these days between cops and soldiers is often indistinguishable.

So until actually military personnel take over people’s homes like cops do, there won’t be a 3A case. Which is a good thing.

 

[Dennis in MA]

Just Once, I'd like to see a good third amendment case.

Why this crap rolls around in my head for this long. . . . I recall a Mad Magazine piece about 40 years ago. Parody of Adam-12. Pitch and Catch were investigating something in this guys house and basically took it over. At his food, watched his TV, sat on his couch. That was the last time I saw a 3A issue. LOL

Although it is strange: If I were a gun hater, I'd use 3A to explain why we don't need 2A anymore.

On the flipside, I'd use 3A and 2A to explain why income taxes to fund a standing army are unconstitutional.