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JUDGE OPENS DOOR FOR COPS TO STORM YOUR HOME Rules 3rd Amendment doesn't apply to law enforcement
WND ^ | April 16, 2015 | CHERYL CHUMLEY

Posted on 04/17/2015 7:22:10 AM PDT by Altariel

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To: Altariel

“Illegal Search and Seizure” is the 4th Amendment. It has nothing to do with “Quartering Troops”.

By citing the 3rd, this evil judge is creating a straw man!


21 posted on 04/17/2015 8:05:51 AM PDT by left that other site (You shall know the Truth, and The Truth Shall Set You Free.)
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To: Sacajaweau

You are quite right. Quartering means they move in and live there. Not the situation.

The rules are of necessity different when the cops are engaged in an active or potential firefight. What, they’re supposed to get a warrant and stand out on the porch reading it to the occupants while under fire?


22 posted on 04/17/2015 8:07:53 AM PDT by Sherman Logan
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To: CodeToad
I don't buy the 3rd. But the 4th amendment and the 10th should have covered it. At least the State house is closer to protest their State laws.

That is clearly a State function. The feds should have nothing to do with it.

/johnny

23 posted on 04/17/2015 8:11:58 AM PDT by JRandomFreeper (gone Galt)
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To: left that other site

It appears that the plaintiffs actually sued on 3rd Amendment grounds.

I suppose they could have tried a 4th Amendment suit, since once the cops entered the house, they would have had to SEARCH for a more precise tactical advantage.


24 posted on 04/17/2015 8:14:45 AM PDT by Tolerance Sucks Rocks (Celebrate Holy Week by flogging a banker. It's what Jesus would have done.)
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To: Sacajaweau

Just because you are a chicken chit doesn’t mean everyone would automatically abandon their home because of an incident next door. I wouldn’t. I’m armed and dangerous. A domestic going on next door is not going to necessarily make me leave my house. And its not an excuse for the cops or anybody else to either make me leave or confiscate my home so they can use it as an observation post.

Even if I do leave my home that does not mean the cops can go in without my permission and occupy my property.

The 4th Ammendment is the 4th Ammendment. No warrant no admittsnce. End of story.


25 posted on 04/17/2015 8:22:25 AM PDT by Georgia Girl 2 (The only purpose o f a pistol is to fight your way back to the rifle you should never have dropped.)
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To: Tolerance Sucks Rocks

Yes....I noticed that after I posted.

The original suit should have been based on the 4th, as citing the 3rd is nebulous in this case, and left room for the bad ruling.

That’s what I get for not reading the whole article!

Only in the best FR tradition, of course! LOL!


26 posted on 04/17/2015 8:22:33 AM PDT by left that other site (You shall know the Truth, and The Truth Shall Set You Free.)
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To: Altariel
Go for it. I still have the right to defend my life and liberty, and my property from seizure, theft and destruction.

PoPo gonna gats a bullet in the head.

27 posted on 04/17/2015 8:31:22 AM PDT by Rodamala
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To: Pollster1
The police presence was not for the purpose of a search or a seizure.

If they go in and occupy the premises without the owner's consent, it IS a seizure.

28 posted on 04/17/2015 8:32:32 AM PDT by Buttons12
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To: Buttons12
If they go in and occupy the premises without the owner's consent, it IS a seizure.

You are right; I stand corrected. I never imagined an American government acting in this manner, so I had not properly thought this situation through, and I missed that obvious point.

29 posted on 04/17/2015 8:45:14 AM PDT by Pollster1 ("Shall not be infringed" is unambiguous.)
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To: Altariel

No Senate Vote for this Obammy appointee.. ??


http://www.fjc.gov/servlet/nGetInfo?jid=3463&cid=999&ctype=na&instate=na

Biographical Directory of Federal Judges
Gordon, Andrew Patrick

Born 1962 in San Francisco, CA

Federal Judicial Service:
Judge, U.S. District Court, District of Nevada
Nominated by Barack Obama on January 4, 2013, to a seat vacated by Kent J. Dawson. Confirmed by the Senate on March 11, 2013, and received commission on March 12, 2013.

Education:
Claremont McKenna College, B.A., 1984
Harvard Law School, J.D., 1987

Professional Career:
Private practice, Phoenix, Arizona, 1987-1992
Private practice, Las Vegas, Nevada, 1992-2013

Nominated to U.S. District Court for the District of Nevada, September 19, 2012; no Senate vote


30 posted on 04/17/2015 8:45:24 AM PDT by NormsRevenge (Semper Fi - Revolution is a'brewin!!!)
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To: Sherman Logan
What, they’re supposed to get a warrant and stand out on the porch reading it to the occupants while under fire?

Yes. The police have squandered their moral capital. We're not talking about Andy Griffith here. I view them more as those strutting about, ordering bystanders to turn off their cameras, beating someone on the ground, telling them to stop resisting, handcuffing those they shot to death in the back to make things look legitimate, and tampering with evidence.

31 posted on 04/17/2015 8:45:43 AM PDT by bkopto (Free men are not equal. Equal men are not free.)
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To: Altariel

While this feral “judge” may think I have no right to prevent home invasion by corrupt LEO with no legitimate, Constituional authority, I know the difference between rights and liberties. The judge may reassure the LEO he has the authority but I have the liberty to blow anyone invading my home into the next world and this idiot judge can not stop me. He can punish me if he wants but he can not stop me. Hence, “natural rights”.


32 posted on 04/17/2015 9:01:10 AM PDT by wastoute (Government cannot redistribute wealth. Government can only redistribute poverty.)
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To: JRandomFreeper

Totally agree. No one was quartering troops, but the invasion of property wasn’t necessary for the preservation of life or other property.


33 posted on 04/17/2015 9:18:51 AM PDT by CodeToad (Islam should be outlawed and treated as a criminal enterprise!)
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To: Altariel

judge gordon is an idiot. May his home be invaded by a swat team.


34 posted on 04/17/2015 9:38:53 AM PDT by hal ogen (First Amendment or Reeducation Camp?)
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To: bkopto

The discussion is not about whether the cops have moral authority or are the good guys. That’s utterly irrelevant to this case.

The question is whether police engaged in actual combat must follow the legalistic rules appropriate for less-intense situations.

I think it is ludicrous to think that a policeman cannot follow a fleeing suspect into a house without a warrant, or take cover as need be when engaged in a firefight.

With the exception of such dire needs arising out of exigent circumstances, I’m right there with you on the need to get our police under control.

BTW, I’m curious how exactly “handcuffing those they shot to death in the back” helps “to make things look legitimate.” Do you have an explanation for that?


35 posted on 04/17/2015 11:00:38 AM PDT by Sherman Logan
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To: arthurus

Indeed. One must wonder what they must think, if they are able to observe the affairs of Earth.


36 posted on 04/18/2015 6:33:46 AM PDT by Altariel ("Curse your sudden but inevitable betrayal!")
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To: Sherman Logan
What, they’re supposed to get a warrant and stand out on the porch reading it to the occupants while under fire?

False dilemma.

37 posted on 04/18/2015 11:15:54 AM PDT by Half Vast Conspiracy (PS I live north of San Diego. Come & get me.)
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To: Half Vast Conspiracy

It’s not a false dilemma if you’re the one under fire.


38 posted on 04/18/2015 1:37:59 PM PDT by Sherman Logan
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To: Sherman Logan

Or if you can’t think your way out of a situation.


39 posted on 04/18/2015 2:56:26 PM PDT by Half Vast Conspiracy (PS I live north of San Diego. Come & get me.)
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