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

[Jarlaxle]

Do you want them charged with a criminal act or do you just want a payday?

I'd like to see the cops shit-canned and the neighbor that called charged.

 

[Jarlaxle]

What was suspicious to the officer enough for him to pull his gun?

The man was once sitting on the patio doing nothing, then in his room listening to music....I'll bet it was rap music too!

I suspect he hoped that this was the day he got to kill someone.

 

[White 6]

You would probably have a dead dog. You might also end up dead.

Quite possibly, but I've had most of my fun and coming into my house, with me in innocent circumstance, killing my dog or any other family member, would be a cause worth my life, and I undoubtedly would not be going alone. I'm sure you are the same way. Or is your life absolutely that important to you at your stage of existence?

 

[Jarlaxle]

Quite possibly, but I've had most of my fun and coming into my house, with me in innocent circumstance, killing my dog or any other family member, would be a cause worth my life, and I undoubtedly would not be going alone. I'm sure you are the same way. Or is your life absolutely that important to you at your stage of existence?

What?!

 

[White 6]

What?!

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?

 

[Jarlaxle]

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?

Well...I figured you might rather not have your wife or children murdered. You might prefer to not be shot and left to bleed out.

 

[woodwork201]

It's not my fault whites don't normally break into homes.

I've had my car broken into 3 times in the past 10 years. My home broken into and robbed 1 time in the past 10 years. 3 other times in the past 10 years I caught the perpetrators trying to break in my home - actually pushing on the door, prying on the door, and just about to kick in the door, respectively - and scared them off before they could get in.

Even though the neighborhood I live in is fairly mixed race neighborhood, about 40% Hispanic, 40% white, 20% black, each and every case where I've had criminals try to cause me or mine harm, it has been a white person.

I understand the statistics nation wide, in South-side Chicago, Baltimore, etc. Even so, my personal experience is completely different so I generally expect or assume a white person when a crime happens around me. Probably you and I both should just not make assumptions at all.

 

[woodwork201]

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?

And yet you admit that you're a leftist, Democrat. So you vote for people who would force all the rest of us to tolerate the things you say you won't tolerate. Interesting.

 

[Jarlaxle]

I've had my car broken into 3 times in the past 10 years. My home broken into and robbed 1 time in the past 10 years. 3 other times in the past 10 years I caught the perpetrators trying to break in my home - actually pushing on the door, prying on the door, and just about to kick in the door, respectively - and scared them off before they could get in.

Even though the neighborhood I live in is fairly mixed race neighborhood, about 40% Hispanic, 40% white, 20% black, each and every case where I've had criminals try to cause me or mine harm, it has been a white person.

I understand the statistics nation wide, in South-side Chicago, Baltimore, etc. Even so, my personal experience is completely different so I generally expect or assume a white person when a crime happens around me. Probably you and I both should just not make assumptions at all.

You need to move.

 

[woodwork201]

Do you want them charged with a criminal act or do you just want a payday?

18 U.S. Code § 242 - Deprivation of rights under color of law​

Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year, or both;​

The Constitution combined with this Federal law trumps all state laws granting qualified immunity.

 

[woodwork201]

You need to move.

When I retire to the country. Soon.

 

[pknopp]

While that's certainly true, that doesn't mean that the city should fork over a mountain of cash, either...

It says that the court is not allowing the officer qualified immunity so we will see what washes out in the end.

 

[White 6]

Well...I figured you might rather not have your wife or children murdered. You might prefer to not be shot and left to bleed out.

No children live in my house. My immediate family members in the house are my wife, myself, and our very protective 90 lb German Shepherd, Lexie, whom we love very much.
Don't worry your pretty little head, though. She would alert me, and does the moment anyone comes onto the porch. She was on the back deck and alerted day before yesterday to the empty house next door, awaiting repairs, when police came into their backyard looking for a little missing girl from the neighborhood. She has several barks, yips and growls, but there is no confusing or ignoring when she alerts and warns. I came out with my weapon at my side then, but when I went to the poolside fence, while having her wait on the deck, I re-holstered, said hello to the guys and chatted as they came to the fence to show me the pic. I've been here over 35 years, and am a known and well thought of fixture in the neighborhood, have dealt with the police and heading up the local neighborhood watch. It's a small city. Sacramento this ain't. When the police have been called, the neighbors call me. At times, of extreme emergency they have called me before the ambulance. A scenario of anybody, I mean anybody coming into my house and shooting my dog or anybody else, without me already knowing they were there is unimaginable. That said, my home is my castle, in a castle doctrine state, and I would defend it in a heartbeat from all comers.

 

[White 6]

And yet you admit that you're a leftist, Democrat. So you vote for people who would force all the rest of us to tolerate the things you say you won't tolerate. Interesting.

I never have, since I am not. I have probably voted for republicans as often as democrats and never made a secret on here of being Independent with a capital "I". You are just sloppy with your brushstrokes, another starving artist of the political pool hall/barber shop boys, no doubt.

 

[White 6]

18 U.S. Code § 242 - Deprivation of rights under color of law​

Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year, or both;​

The Constitution combined with this Federal law trumps all state laws granting qualified immunity.

Oh, have they been charged with a crime under federal or state statute or is this just a lawsuit. If it is all the same to you, I will go along with the verdict of a jury of their peers on the criminal charges. But, this is just a play to get some pay, as suing has become the American way. Have a nice day.

 

[woodwork201]

Police don't always need a warrant to conduct a search. I already posted evidence of that with a link.

We might disagree on whether the word of the neighbor provided reasonable suspicion to search but where was the probable cause to arrest and cuff?

Even to believe there was reasonable suspicion, it has to be what a reasonable or typical person would think. Would a reasonable person think that someone they don't know sitting on a porch was suspicious and that it was an indication that a crime may have been committed? Of course not. There was no reasonable suspicion.

I find it troublesome when so-called conservatives use Supreme Court decisions as proof of anything. In almost every Supreme Court decision, some of those supposedly scholarly men and women vote one way, some vote another. That, in and of itself, is absolute proof that, as a whole, they don't know what the hell they're talking about. When they say guns can be banned, do you quote them as the answer? Of course not.

At most, in any discussion of law, liberty, rights, and the Constitution, the Supreme Court is, at the very best, something to consider. Just because their judicial precedence trumps any lower court, it doesn't make it right. That the Supreme Court has allowed reasonable suspicion as the threshold for a search doesn't change the fact that the Constitution clearly sets the threshold as probable cause.

In 1968, in Terry, the Supreme Court declared the Constitution, specifically the 4th Amendment, unconstitutional when they ruled that a cop can search a person when they had reasonable suspicion that a crime was about the be committed - not probable cause and not that a crime had been committed. And the standard they set? No, not that a reasonable person would suspect that a crime was about to be committed but whether a reasonable police officer would think a crime was about to be committed.

They ruled that the legitimate government interests override the Constitution that created the government. And who gets to decide what are the legitimate interests of the government? We used to think that was defined and limited by the Constitution but it turns out that, according to the Supreme Court, it is the government that gets to decide what are the legitimate interests of the government and when their self-determined interests conflict with the Constitution then the Constitution does not apply.

In 1989, the Supreme Court ruled, in Connor, to expand reasonable suspicion and reiterated the standard that what was reasonable for the police to do is what the police say is reasonable for the police to do, not what the Constitution says they can do.

No crime was committed by Furdge and there was no probable cause. Not that it should matter, but the officer's suspicion was not reasonable and did not justify his actions in violation of the rights of Furdge.

 

[woodwork201]

Home​

Searches and seizures inside a home without a warrant are presumptively unreasonable.
Payton v. New York, 445 U.S. 573 (1980).

However, there are some exceptions. A warrantless search may be lawful:

If an officer is given consent to search; Davis v. United States, 328 U.S. 582 (1946)
If the search is incident to a lawful arrest; United States v. Robinson, 414 U.S. 218 (1973)
If there is probable cause to search and exigent circumstances; Payton v. New York, 445 U.S. 573 (1980)
If the items are in plain view; Maryland v. Macon, 472 U.S. 463 (1985).

What Does the Fourth Amendment Mean?

The Constitution, through the Fourth Amendment, protects people from unreasonable searches and seizures by the government. Find cases that help define what the Fourth Amendment means.

www.uscourts.gov

Sorry, you lose. No constitutional rights were violated here.

What was the probable cause and exigent circumstances. One part of the law and jurisprudence both regarding reasonable suspicion and probable cause is that the police must be able to articulate the reasonable suspicion or probable cause. If you're going to defend them without question, you must be able to articulate the reasonable suspicion and/or probable cause that justifies the cop's behavior. Please let us know what that is.

 

[woodwork201]

White 6, I take your laughing response with no answer to my post as your admission that you have no intelligent response to counter my proof that the cop violated Furdge's Constitutional rights.

 

[woodwork201]

My Lord, another public educated person here. You are responding to a post where I said THE OFFICERS HAD NO IDEA THE RACE OF THE SUSPECTS BECAUSE IT WAS NEVER RELAYED TO THEM BY DISPATCH and you ask such a stupid question.

That's an assumption on your part. Did the cop talk to the lady who called in the complaint or did he go into someone's home with his gun drawn completely on the word of the dispatcher with no other investigation. I'm not sure which case would be the greater abuse of power on the part of the cop.

 

[woodwork201]

Yes that's why she called. So what? It doesn't mention what their coaches race was since it was his mother that owned the house and apparently just passed away. If she was white and two black guys are in and out of the house, she had every reason to call. Even if their coach was black and the mother also, it's still two younger guys in a house of an old lady.

So every time a black family rents or buys a house that was previously occupied by a white person, that's reason to call the police?

And every time a white person buys or rents a house that was previously occupied by a black person, that's reason to call the police and for the police to enter the home now of the white family with their guns drawn?