Judge rules against Qualified Immunity for police officer who violated man's 4th Amendment rights.

[White 6]

Wrong. That's not reasonable suspicion.

A tip can generate reasonable suspicion when the informant describes a crime taking place. The informant in this case could not describe a crime and that's what the police should have determined. A 2 minute conversation with the neighbor would have demonstrated that there was no crime. The police could have reasonably knocked on the door and waited for a response, gone to the back door and knocked, as well. Having a friendly, voluntary, conversation with Furdge would have been reasonable. Beyond that, there's nothing else the police could do.

That is a stretch to say Karen's report to 911 did not describe a crime. They did knock on the door. The door was open and they entered to preserve evidence of the possible perpetrator in the house, hearing him in the house, but not responding. If the officers were charged with a crime, I have not heard of it. I'll wait to hear the award to see how seriously the damage is taken in this case and the result of appeals.

 

[Ray From Cleveland]

The reason was....?

I don't normally deal with the mentally retarded. I don't have the training. So the last time:

SOMEBODY WAS IN THE HOUSE THAT DIDN'T LIVE THERE! THEY WERE NOT ONLY IN AND OUT OF THE HOUSE, THEY WERE OF A COMPLETELY GENERATION DIFFERENT THAN THE HOME OWNER.

If you have any more questions, please ask your aid to read this topic and explain it to you with crayons or however they relate to people like yourself.

 

[Ray From Cleveland]

When the cuffs came off, my next words would be, "Hold on, please, while I call my attorney."

Call them. The police did nothing wrong and an appeals court will determine that.

 

[Mac-7]

They also had nothing to indicate that the house was being robbed.

You want to prevent the police from responding to 911 calls?

you may not have thought about it but thats what you are saying

 

[whitehall]

The system works and nobody was killed. The Police thought someone's life was in danger but it seems they were wrong. Do lefties really want to turn it int a federal case?

 

[Colin norris]

Looks like lawsuit is BS to me. Furdge should not have sued. He was not abused while the put cuffs on for the protection of everybody involved and even checked with Furdge if the cuff fit was ok and it was. Officer were not abusive in speech. It was quickly resolved as probably proper and OK. Cuffs were removed while awaiting confirmation. By the end, Furdge was conversational and smiling while talking. Officer apologized for the intrusion. Yep. Lawsuit was BS and the judge full of BS.

Did you read it?
He violated his constitutional right.
You know. The same as the first, second and the fifth.

Might be because youre a racist.

 

[g5000]

I am. In fact I'd thank them.

So let's say this guy didn't live there and he was robbing the place as the neighbor suspected. The police call him out and he doesn't respond. They just shrug their shoulders and leave, would you be happy about that if you were the home owner and some clown ripped you off for 10 grand and your guns?

Yeah. Sitting on the front steps, robbing the place.

Okay.

"Sir, you are suspected of Lounging While Black. Also, Singing While Black."

 

[g5000]

I just watched the police camera video. The cops didn't knock or ring the doorbell. In fact, they crept up to the door and opened it stealthily.

Then they shouted who they were. The guy did not respond and you can hear him singing to himself.

Man, if that doesn't signal we have a dangerous violent criminal on our hands, nothing does! We better draw our weapons.

 

[Ray From Cleveland]

I just watched the police camera video. The cops didn't knock or ring the doorbell. In fact, they crept up to the door and opened it stealthily.

Then they shouted who they were. The guy did not respond and you can hear him singing to himself.

Man, if that doesn't signal we have a dangerous violent criminal on our hands, nothing does! We better draw our weapons.

So you never read stories about criminals making themselves at home by getting something to eat out of the victims refrigerator or cooking on their stove? You never read about stories of a drugged up or drunk person thinking they were sleeping on their own couch when it was that of a stranger they never met?

You said cops as in plural. But the OP reads that it was one police officer that originally knocked at the door and yelled for the subject to come out. Before he entered the home, he called for backup so there were two of them obviously for safety reasons.

 

[Ray From Cleveland]

Yeah. Sitting on the front steps, robbing the place.

Okay.

"Sir, you are suspected of Lounging While Black. Also, Singing While Black."

Your comprehension skills suffer. In the OP it reads the neighbor stated he was outside on the patio. When the officer arrived he was inside the house.

 

[Ray From Cleveland]

Did you read it?
He violated his constitutional right.
You know. The same as the first, second and the fifth.

Might be because youre a racist.

The courts have already ruled (and I posted a link) that reasonable suspicion gives an officer the right to search a vehicle or home. No rights were violated.

 

[Ray From Cleveland]

The system works and nobody was killed. The Police thought someone's life was in danger but it seems they were wrong. Do lefties really want to turn it int a federal case?

Leftists are the most myopic people in our country. They have no imagination to put the shoe on the other foot. As I asked, if somebody robbed their home, found out the police responded to the complaint by the neighbor, and simply left because there was no response by the suspect, they'd be having a shit fit. They would be suing the officers, suing the city, and complaining that our police are not doing their jobs.

 

[g5000]

Your comprehension skills suffer. In the OP it reads the neighbor stated he was outside on the patio. When the officer arrived he was inside the house.

Yes, he was Lounging While Black which was cause enough to send a police unit to look into it.

Okay.

 

[Ray From Cleveland]

Yes, he was Lounging While Black which was cause enough to send a police unit to look into it.

Okay.

No, it was a person not known to live there why the police were called. You leftists love to make up stories that never existed before.

 

[White 6]

Did you read it?
He violated his constitutional right.
You know. The same as the first, second and the fifth.

Might be because youre a racist.

No. Might be, I just think the police investigated a report, controlled the situation for the safety of all involved and left, after the situation was clarified, not even keep the guy cuffed, while they waited for confirmation, nobody arrested, nobody struck or physically injured , shot, cussed or verbally abused.
I guess I have higher levels of tolerance than you, coming from a different time here in the south. I got taken into custody one time, transported across county lines, locked up for maybe two hours, while the out of county sheriff and deputies questioned each of us (73 of us) about drugs, drinking, etc. Upon release without charges (as I was sober, not under the influence of drugs or alcohol) I found the Sheriff's department had broken into my van, found my spare key, and used it without my permission to haul a van load of young adults and juveniles (while I was locked in the back of a squad car, refusing to unlock the the van for an illegal search without a warrant) across county lines (out of their jurisdiction) to the jail. In doing so, they broke a window out of the track, allowing them to gain entry, finding my spare key,they loaded prisoners, damaging the mount on my new Craig Quadraphonic 8-track player and knocked one of the 1 ft speakers off it's mounts on one of the rear doors. When I went back into the jail to ask who was going pay for or fix the damages on the van (3 weeks off the new car lot), I was told by the sheriff of that county to get the hell out of there, right then or would be thrown back in jail until Monday morning and not to come back to his county. Those are fairly significant violation of my rights. My dad called a friend of the family, Judge Pelham McMurray in Paducah, Ky. where we had moved from. I went back and politely ask for my van to be fixed, again was told I was getting ready to go back in the jail, whereupon I gave him the direct line phone number to the judge, recommending he call before anything rash was done. The judge explained that Federal warrants for his arrest would be forthcoming within 24 hours for a variety of federal offenses if the sheriff re-evaluate his idea of law enforcement in this matter, and recommended the sheriff reconsider the request for damages. My new van and equipment were totally repaired, but I was advised not to come back to that town or county as they would be on the lookout for the only bright red, new Chevy van with chrome wheel and wide tires and speeding tickets at the very least would result.
I did not sue and did not go back for a couple of years. I had been returned to (in my opinion) the status quo anti, prior to the misadventure, counting myself lucky, knowing if they had arrived 45 minutes later, I would have indeed been, not only drunker than hell, but stoned out of my gourd. The year was 1974, the town Camden, TN, the party was Bruceton Tennessee high school graduation party in Carroll County at the sand pits between Bruceton and Camden, the sheriff was Jerry Phiefer, who about two years later (coincidentally) would be indicted on several of a variety of charges, such as mail fraud, wire fraud, conspiracy to bootlegging in that dry county, extortion, etc, etc, etc. We've had some very colorful sheriffs in West Tennessee.
I told you that, to prove I am a no harm no foul kind of guy, when it comes to law enforcement.

 

[Colin norris]

No. Might be, I just think the police investigated a report, controlled the situation for the safety of all involved and left, after the situation was clarified, not even keep the guy cuffed, while they waited for confirmation, nobody arrested, nobody struck or physically injured , shot, cussed or verbally abused.
I guess I have higher levels of tolerance than you, coming from a different time here in the south. I got taken into custody one time, transported across county lines, locked up for maybe two hours, while the out of county sheriff and deputies questioned each of us (73 of us) about drugs, drinking, etc. Upon release without charges (as I was sober, not under the influence of drugs or alcohol) I found the Sheriff's department had broken into my van, found my spare key, and used it without my permission to haul a van load of young adults and juveniles (while I was locked in the back of a squad car, refusing to unlock the the van for an illegal search without a warrant) across county lines (out of their jurisdiction) to the jail. In doing so, they broke a window out of the track, allowing them to gain entry, finding my spare key,they loaded prisoners, damaging the mount on my new Craig Quadraphonic 8-track player and knocked one of the 1 ft speakers off it's mounts on one of the rear doors. When I went back into the jail to ask who was going pay for or fix the damages on the van (3 weeks off the new car lot), I was told by the sheriff of that county to get the hell out of there, right then or would be thrown back in jail until Monday morning and not to come back to his county. Those are fairly significant violation of my rights. My dad called a friend of the family, Judge Pelham McMurray in Paducah, Ky. where we had moved from. I went back and politely ask for my van to be fixed, again was told I was getting ready to go back in the jail, whereupon I gave him the direct line phone number to the judge, recommending he call before anything rash was done. The judge explained that Federal warrants for his arrest would be forthcoming within 24 hours for a variety of federal offenses if the sheriff re-evaluate his idea of law enforcement in this matter, and recommended the sheriff reconsider the request for damages. My new van and equipment were totally repaired, but I was advised not to come back to that town or county as they would be on the lookout for the only bright red, new Chevy van with chrome wheel and wide tires and speeding tickets at the very least would result.
I did not sue and did not go back for a couple of years. I had been returned to (in my opinion) the status quo anti, prior to the misadventure, counting myself lucky, knowing if they had arrived 45 minutes later, I would have indeed been, not only drunker than hell, but stoned out of my gourd. The year was 1974, the town Camden, TN, the party was Bruceton Tennessee high school graduation party in Carroll County at the sand pits between Bruceton and Camden, the sheriff was Jerry Phiefer, who about two years later (coincidentally) would be indicted on several of a variety of charges, such as mail fraud, wire fraud, conspiracy to bootlegging in that dry county, extortion, etc, etc, etc. We've had some very colorful sheriffs in West Tennessee.
I told you that, to prove I am a no harm no foul kind of guy, when it comes to law enforcement.

On case you missed the judges decision, he gave him the kid.
End of story. The coppers were wrong and rightfully apologised. They are racists.

 

[White 6]

On case you missed the judges decision, he gave him the kid.
End of story. The coppers were wrong and rightfully apologised. They are racists.

Heck they apologized on camera to the guy, while they waited for confirmation from the landlord, with the poor, poor victim was smiling and talking with them. Just somebody looking for a pay day. Here it would have been tossed.

 

[Colin norris]

Heck they apologized on camera to the guy, while they waited for confirmation from the landlord, with the poor, poor victim was smiling and talking with them. Just somebody looking for a pay day. Here it would have been tossed.

Sorry mate. You are wrong and the judge proved it. Piss off.

 

[cnm]

I'm 67 still enjoying a full life, but what indignity or attack in my innocence, do you expect me to tolerate, just for the privilege of living another day in subjugation, where I should accept that kind of action by anybody inside my home without immediate repercussion to the one doing it as the price of that next breath?

Yet Furdge should accept his home being invaded with equanimity?

 

[White 6]

Sorry mate. You are wrong and the judge proved it. Piss off.

That judge doesn't live here. That is Wisconsin. Here that would not have made it to trial court as a nuisance lawsuit. You piss off. Just another guy looking for a free paycheck. Without harm, lets see how much he gets. I doubt he will be quitting his day job, if he has one.