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

[cnm]

Why would I be? I'm the type of person that can put myself in anybody's shoes. I look at things from all angles, not just the ones of my preference.

A few times when I was delivering medical equipment, I got stopped by the cops. Reason? I was white. I was in uniform, in a marked van with the company name on it, and they still stopped me. No problem. They would ask me various questions, ask for ID which I happily showed them, and were very polite for my cooperation. One time they even had dispatch call my company since this was back in the days of no cell phones.

Hey, I get it. No white person would be caught dead in the Cleveland projects unless they were buying or selling drugs or had a death wish. But I always treated them with respect because I understood their position. Whitie just didn't go to places like that. After his investigation, one officer told me "you white ass isn't safe here brother, I'm going to walk you to the apartment!" He walked me there, and he waited until I left and escorted me back to my van. Police are generally grateful when you don't give them a hard time and understand their situation.

Lol. Land of the free!

Free to be stopped at random for a bit of 'Papiere Bitte!'

 

[Wild Bill Kelsoe]

There is no ‘anti-cop’ movement.

You're lying and your middle name is Doo-doo.

 

[Harpy Eagle]

A stranger person in a vacant home is reason to have police at least check the situation out. Nothing wrong with that. Again, our police force encourages it.

Checking out and handcuffing someone are two very different things

 

[Ray From Cleveland]

Lol. Land of the free!

Free to be stopped at random for a bit of 'Papiere Bitte!'

 

[Ray From Cleveland]

Checking out and handcuffing someone are two very different things

Yes but they detain the subject until they check things out. It doesn't take long to pull out a gun out of your back holster. Trust me, I carry one when I go out after dark.

 

[ClaireH]

I wouldn't call a neighbor that lives there calling in a potential house robbery zero evidence. Apparently the neighbor did know who lived there and these guys weren't it.

Like a lot of people do, when you have a good neighbor and you’re going away for a while, you’ll ask them to keep an eye out and they also ask the same. My thought exactly that unless this neighbor had some type of grievance against his neighbor, which doesn’t sound to be the case, he was legitimately concerned and called it in like any good neighbor would.

 

[Harpy Eagle]

Like a lot of people do, when you have a good neighbor and you’re going away for a while, you’ll ask them to keep an eye out and they also ask the same.

This neighbor was not asked to do that, they choose to all on their own

 

[ClaireH]

This neighbor was not asked to do that, they choose to all on their own

My comment is relevant to the discussion. Dispatchers are used to getting calls like this from concerned neighbors and the police units notified.

Thankfully, we all heard the female voice who called in had an undeniable Hispanic inflection, so we don’t have the “always a white supremacist!” crowd jumping in here derailing the specifics.

 

[woodwork201]

If you're on your own property, you can't be arrested for it.

Virginia Man Arrested for Trespassing on Own Property

RICHMOND (NNPA) - Can you imagine being arrested and jailed for trespassing on private property you own or control? That's...

www.theskanner.com

Texas grandmother arrested for trespassing on her own land to protest Keystone

TransCanada seized a 78-year-old woman's land for its tar-sands pipeline, and she got arrested for protesting. TransCanada blames "out-of-state activists."

grist.org

State Senator, Supporters Confront Cops After Man Arrested For ‘Trespassing’ At Own Bar, Cops Block Door | The Daily Wire

www.dailywire.com

And, of course, the most famous recent case

Henry Louis Gates arrest controversy - Wikipedia

en.wikipedia.org

I'm sure I can find more but I have proven for a lot of different scenarios, that, yes, you can be arrested for trespassing on your own property.

 

[woodwork201]

Yes but they detain the subject until they check things out. It doesn't take long to pull out a gun out of your back holster. Trust me, I carry one when I go out after dark.

Terry... All they had to do is pat him down.

You really are suggesting that the police handcuff everyone that the ever have a suspicion, aren't you? Every terry stop now gets the innocent-until-proven-otherwise suspect in cuffs.

 

[woodwork201]

Knock, then knock again, then ask the other neighbors.

The other neighbors were asked and the third cop had the answer and was walking to the door before the first two went in. He may not have guessed that his partners would go in with guns out and handcuff the guy or, just maybe, he could have simply called on the radio and told everyone it was OK.

 

[woodwork201]

It wouldn't bother me. I have respect for authority. The officer would have asked politely if the subject came out of the house when the officer was outside.

Well, there's the difference between you and me. I have almost no respect for authority and absolutely none for abusive authority. You're a citizen with individual liberty and rights - as is Furdge. You are not the servant of the government and the police are not your masters or betters. I'm sorry to hear that you think so little of your liberty; from your posts on the right to keep and bear arms, I had assumed that liberty, and not just guns, was important to you.

I appreciate the job the police do and respect their bravery. I most definitely know that they should be allowed to go home safe every night. I also believe that they're human beings and that, as human beings, they deserve to be treated courteously. That I have to "sir" a cop to keep him from copping an attitude is absolutely shameful. I suppose that I do it is even more shameful but I, too, want to go home at the end of a police interaction.

I can treat them as though I respect them but that doesn't mean I respect them. How can I respect them before I know them unless I am simply a subservient sheep? If I were in that house and they came to the door, there are behaviors that the police could have taken that would have left me respecting them at the end of the day because then I'd have experience with them but when they assert authority they don't have and put cuffs on me for no reason other than that they can, then I would most certainly not respect them at all.

 

[San Souci]

I have no idea how this officer thought he had to right to go into a persons house in the first place let alone with guns drawn.

Maybe they will start to learn what they can and can not do when we hold more of them personally responsible for violating people's rights.

Judge rules for Black man arrested in his new Monona home

He was probably selling Heroin.

 

[woodwork201]

That's not what the OP said. The woman who owned the house recently passed away. The coach (her son) allowed this guy to stay there for whatever reason.

You're the one that said differently. You keep saying that the house was supposed to be empty. You keep saying they don't live there. You said the owner died and the house was supposed to be empty. But the previous owner died. The new owner, the son, said Furdge could live there.

The house was not supposed to be empty. The owner was not dead. Furdge did live there; he is the person who lived there.

 

[woodwork201]

I didn't read any of that in the OP.

So all of your rhetoric and response is without knowing the facts? In the OP is the 911 call, the radio dispatch traffic, and the body cam.

 

[gtopa1]

What fantasy world on the West Coast do you live in?

He's from New Zealand...as he may have said after your post.

Greg

 

[C_Clayton_Jones]

A stranger person in a vacant home is reason to have police at least check the situation out. Nothing wrong with that. Again, our police force encourages it.

‘Checking it out’ isn’t what happened.

What happened is an unlawful violation of the Fourth Amendment.

 

[C_Clayton_Jones]

Knock, then knock again, then ask the other neighbors.

Or just leave if there’s no response to knocking.

 

[C_Clayton_Jones]

Except for the fact there were no violations of rights here. Yes, this commie judge ruled it that way, but it will be overturned by a real American judge.

This is as idiotic as it is ridiculous.

 

[woodwork201]

It's what another poster posted. It was likely vacant since the owner recently passed away. That was in the OP.

That's ludicrous. It was not likely vacant and the OP didn't say it was. The OP was quite clear that Furdge had permission to live in the house and that at least one neighbor knew it and that cop 3 knew it prior to cops 1 and 2 going into the house.