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

[struth]

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

ah so we don’t need to abolish qualified immunity…the law works as is

 

[Ray From Cleveland]

Sitting on the balcony?

What's the difference? Criminals are bold these days. Because he was sitting on the balcony doesn't mean he wasn't in the process of robbing the place. There have been stories of burglars making themselves a snack on the stove of the victims.

 

[cnm]

Your OP didn't say they knocked, they said police yelled for him to come out which he didn't.

Judge rules for Black man arrested in his new Monona home

A federal judge has ruled that a Monona police officer clearly violated a man's Fourth Amendment rights when he entered a home without a warrant.

www.yahoo.com

​

By the time an officer arrived, Furdge had moved to a bedroom. From the front door, the first officer could hear Furdge inside and said, "You want to come out here?" But Furdge, who appeared to be singing or talking on a phone, did not respond.​

After a second officer showed up, they entered the home without knocking or announcing themselves, or checking with the owner.​

With guns drawn, they yelled, "Police — come out with your hands up." Furdge did. He was handcuffed and held briefly until more officers came, and learned from other neighbors that Furdge had permission to stay at the home. They apologized to Furdge.​

 

[Ray From Cleveland]

There was two of them. They had ZERO evidence any crime was being committed. ZERO.

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.

 

[Ray From Cleveland]

Judge rules for Black man arrested in his new Monona home

A federal judge has ruled that a Monona police officer clearly violated a man's Fourth Amendment rights when he entered a home without a warrant.

www.yahoo.com

​

By the time an officer arrived, Furdge had moved to a bedroom. From the front door, the first officer could hear Furdge inside and said, "You want to come out here?" But Furdge, who appeared to be singing or talking on a phone, did not respond.​

​

After a second officer showed up, they entered the home without knocking or announcing themselves, or checking with the owner.​

​

With guns drawn, they yelled, "Police — come out with your hands up." Furdge did. He was handcuffed and held briefly until more officers came, and learned from other neighbors that Furdge had permission to stay at the home. They apologized to Furdge.​

I know what it said. I read it twice. So what?

 

[pknopp]

ah so we don’t need to abolish qualified immunity…the law works as is

Not always.

 

[pknopp]

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.

She didn't know who lived there. He was it.

 

[White 6]

Wow. So if police enter your home and cuff you, (for the protection of everybody) you're all good with that?

If I were in that situation, and it handled that way, no violence, no disrespect, no abuse on the cuffing and I was smiling and chatting at the end, I would not be drawn into filing a lawsuit, just to get some free money from the city.
It would not happen that way though. If I was asleep in the back, not hearing somebody (cops or anybody else outside, Lexi, my 90 lb. very territorial and protective of family, German Shepherd would have never let them in the door (which would most likely be locked), until I was up, and gave her a command to get her to stand down and go to another room.

 

[White 6]

I love it. Should not the police have then also have been cuffed for the 'protection of everybody' as long as the cuff fit was okay?

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

 

[pknopp]

If I were in that situation, and it handled that way, no violence, no disrespect, no abuse on the cuffing and I was smiling and chatting at the end, I would not be drawn into filing a lawsuit, just to get some free money from the city.
It would not happen that way though. If I was asleep in the back, not hearing somebody (cops or anybody else outside, Lexi, my 90 lb. very territorial and protective of family, German Shepherd would have never let them in the door (which would most likely be locked), until I was up, and gave her a command to get her to stand down and go to another room.

You've not seen what cops do to dogs. They shoot them.

 

[White 6]

Thank you for that obvious fact. Sad how some are willing to accept a violation of rights..........in others.

Not necessarily, but it goes a long way, under the heading of "no harm", "no foul" among people that are not crusaders.

 

[struth]

Not always.

haha well yeah that’s always true…our system isn’t perfect, humans are 100 percent always right. but it’s the best system there is

 

[pknopp]

haha well yeah that’s always true…our system isn’t perfect, humans are 100 percent always right. but it’s the best system there is

We are making inroads in making it even better.

 

[Ray From Cleveland]

She didn't know who lived there. He was it.

She didn't know who lived there? Then why did she call the police? Do you call police on your neighbors you don't know?

 

[okfine]

Right, and while they are knocking a real burglar would be sneaking out the other door. Maybe after they knocked for 20 minutes, he'd be home by then with all the jewelry, cash and guns he stole.

C'mon Ray. Quit supposing.

 

[okfine]

If I were in that situation, and it handled that way, no violence, no disrespect, no abuse on the cuffing and I was smiling and chatting at the end, I would not be drawn into filing a lawsuit, just to get some free money from the city.
It would not happen that way though. If I was asleep in the back, not hearing somebody (cops or anybody else outside, Lexi, my 90 lb. very territorial and protective of family, German Shepherd would have never let them in the door (which would most likely be locked), until I was up, and gave her a command to get her to stand down and go to another room.

Was there a dog involved in the OP?

 

[pknopp]

She didn't know who lived there? Then why did she call the police? Do you call police on your neighbors you don't know?

She likely saw a black guy and freaked. You know the feeling.

 

[Ray From Cleveland]

C'mon Ray. Quit supposing.

You have to suppose with a story like this.

If I came home and found my house had been robbed, called the police, and they told me there were here while I was being robbed, I think I'd be pretty pissed about it.

You were here and you didn't arrest them, why?
Because we called whoever was in the house out and he didn't respond, so we just left!
You left after my neighbor called you out telling you there was somebody in my house that wasn't me?
Yeah, you know, we didn't want to violate his rights just in case they were allowed to be there!
So you didn't pursue the matter further until you knew for sure?
You betcha!

 

[Ray From Cleveland]

She likely saw a black guy and freaked. You know the feeling.

I do, huh? Yeah, I do that all the time here. Anytime I see a black person I don't know on a property I have no idea who lives there, I just call the cops.

 

[Wild Bill Kelsoe]

We'll see more of this as the anti-cop movement drives down the quality of the average recruit.