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Jul. 29th, 2007 12:30 am![[personal profile]](https://www.dreamwidth.org/img/silk/identity/user.png){kind=small}
drewkittyCorrupt sheriff's department arrests couple for "desecrating American flag" after forced unlawful entry of their home without a warrant. link
Your only defense against a corrupt local law enforcement agency is to move out of their jurisdiction. Quickly.
>> Lt. Randy Sorrell says that while the address was in the city of Asheville, “when we receive a complaint that the law is being broken, we have to respond.”
This is not true in law or policy, says the Supreme Court cases on the subject. Plus they were operating outside of primary jurisdiction as well.
>> “I saw that one cop [Scarborough] pull up and I saw those people come out on the porch and start talking to him,” Stevenson said. “They took their flag down, asked the officer to leave and closed the door. Then he started kicking the door, he kicked it about five or six good times, then he laid right into it. After he got done kicking it, he broke the window out – I saw him hit the window.”
There goes the 4th Amendment right there.
>> “I run outside and ask them what’s going on and there’s cops chasing Mark around his car,” Brady said. “They threaten to taser him and demand that he get on the ground. He gets on the ground and we ask them what they’re being charged with. They tell us it’s none of our concern. I tell them they’re our neighbors and it is our concern.” Neal Wilson, who lives with Brady, also saw the deputy produce the taser, he says. After repeated questions, Brady and roommate Tony Plichta said that the deputies replied that “they didn’t know yet” what the couple would be charged with.
There's the 1st and 5th Amendments.
This is the comment I posted on the story:
The Buncombe County Sheriff’s Office is totally out of control and the deputies clearly, blatantly and deliberately violated the Constitutional rights of peaceful, law abiding citizens.
Let us say, for the sake of argument, that the arrested persons had been viciously beating their dog earlier in the day. Such an act is a crime, just about everywhere. (This is to get away from the flag burning issue.)
There was STILL no grounds for the unlawful, excessive and completely unjustifiable entry made by the deputy.
If I witnessed the deputy's actions, I would go to the district attorney and swear out an affidavit, then go and make a private person's arrest OF THE DEPUTY on the charge of breaking and entering, burglary (unlawful entry to commit a felony, to be specific, the Federal felony of violating a citizen's civil rights under color of authority.) I would bring media with me, as apparently the glaring light of publicity is all that is between the citizens of Asheville and the uniformed thugs of Buncombe County.
Various commentators, including a couple sure to appear in replies to this post, who do not understand the concept of a warrant deserve the police state they think they live in. The demand to show ID was unlawful and inappropriate on its face. No purpose in law or justice was served in this matter.
No one was in danger. Exigent circumstances do not apply. Police do not break into a private person's home without a warrant or an emergency. Neither existed. The entry was unlawful. QED.
Whether he was burning the American flag or burning his wife's panties is irrelevant. Our freedoms and liberties do not lie in a scrap of cloth, however holy, but in the sacred agreement that a government is of, by, and for the people, as provided for in the Constitution of the United States of America.
We dishonor that at our nation's peril.
Your only defense against a corrupt local law enforcement agency is to move out of their jurisdiction. Quickly.
>> Lt. Randy Sorrell says that while the address was in the city of Asheville, “when we receive a complaint that the law is being broken, we have to respond.”
This is not true in law or policy, says the Supreme Court cases on the subject. Plus they were operating outside of primary jurisdiction as well.
>> “I saw that one cop [Scarborough] pull up and I saw those people come out on the porch and start talking to him,” Stevenson said. “They took their flag down, asked the officer to leave and closed the door. Then he started kicking the door, he kicked it about five or six good times, then he laid right into it. After he got done kicking it, he broke the window out – I saw him hit the window.”
There goes the 4th Amendment right there.
>> “I run outside and ask them what’s going on and there’s cops chasing Mark around his car,” Brady said. “They threaten to taser him and demand that he get on the ground. He gets on the ground and we ask them what they’re being charged with. They tell us it’s none of our concern. I tell them they’re our neighbors and it is our concern.” Neal Wilson, who lives with Brady, also saw the deputy produce the taser, he says. After repeated questions, Brady and roommate Tony Plichta said that the deputies replied that “they didn’t know yet” what the couple would be charged with.
There's the 1st and 5th Amendments.
This is the comment I posted on the story:
The Buncombe County Sheriff’s Office is totally out of control and the deputies clearly, blatantly and deliberately violated the Constitutional rights of peaceful, law abiding citizens.
Let us say, for the sake of argument, that the arrested persons had been viciously beating their dog earlier in the day. Such an act is a crime, just about everywhere. (This is to get away from the flag burning issue.)
There was STILL no grounds for the unlawful, excessive and completely unjustifiable entry made by the deputy.
If I witnessed the deputy's actions, I would go to the district attorney and swear out an affidavit, then go and make a private person's arrest OF THE DEPUTY on the charge of breaking and entering, burglary (unlawful entry to commit a felony, to be specific, the Federal felony of violating a citizen's civil rights under color of authority.) I would bring media with me, as apparently the glaring light of publicity is all that is between the citizens of Asheville and the uniformed thugs of Buncombe County.
Various commentators, including a couple sure to appear in replies to this post, who do not understand the concept of a warrant deserve the police state they think they live in. The demand to show ID was unlawful and inappropriate on its face. No purpose in law or justice was served in this matter.
No one was in danger. Exigent circumstances do not apply. Police do not break into a private person's home without a warrant or an emergency. Neither existed. The entry was unlawful. QED.
Whether he was burning the American flag or burning his wife's panties is irrelevant. Our freedoms and liberties do not lie in a scrap of cloth, however holy, but in the sacred agreement that a government is of, by, and for the people, as provided for in the Constitution of the United States of America.
We dishonor that at our nation's peril.
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no subject
Date: 2007-07-29 09:08 am (UTC)no subject
Date: 2007-07-29 10:08 am (UTC)If this cop doesn't get sued out existence, if his department doesn't get sued to the brink of bankruptcy, and if this guy gets to keep his peace officer's license through the end of the week, then that's not just reason to get out of that jurisdiction, it's reason enough to panic and flee that whole state.
no subject
Date: 2007-07-29 05:47 pm (UTC)no subject
Date: 2007-07-29 09:54 pm (UTC)no subject
Date: 2007-07-30 12:29 am (UTC)no subject
Date: 2007-07-30 12:36 am (UTC)no subject
Date: 2007-07-30 03:41 pm (UTC)no subject
Date: 2007-07-30 04:27 pm (UTC)Is there any way under the law that the victim can file charges against the officers involved in this case? Or anyone who attempts its prosecution? It seems as if there are clear issues of malfeasance here.
no subject
Date: 2007-07-31 02:51 am (UTC)If you and I agree . . . shocking concept, that.
no subject
Date: 2007-07-31 03:23 pm (UTC)