Skip to comments.Federal court: police can break down door and seize guns without warrant or charges
Posted on 05/23/2014 2:06:11 PM PDT by Nachum
MILWAUKEE, WI The 7th U.S. Circuit Court of Appeals has ruled that it is not a violation of constitutional rights if police break down a citizens door, search the home, and confiscate firearms, so long that they believe it is in the citizens best interest. A Doctors Concern
The lawsuit stems back to an incident that occurred on May 22, 2011. A psychiatrist, Dr. Michelle Bentle, phoned police to report that a patient had expressed a suicidal thought during an outpatient appointment; the woman had received some bad news and privately expressed grief during a difficult appointment.
At approximately noon, Milwaukee Police were dispatched to search for Krysta Sutterfield, age 42 at the time, in order to forcibly detain her and commit her for a mandatory medical evaluation. In Wisconsin, the mere suggestion of suicide is grounds for forcible police detention.
Sutterfield told Police State USA that the alleged threat that was perceived by her doctor, put out by police, and then quoted by the media was sensationalist and false. She recalled: I never said anything like Im going to harm myself.
According to Sutterfield, police went about locating her in an odd manner. That night, the police had time to find out where Id bought my car, and call the dealer to get info on my car, she told Police State USA. But they didnt bother to look in the phone book (or ask my doctor for my phone numbers) and call me.
Hours passed. No contact had been made between police and Ms. Sutterfield. However, Dr. Bentle and Sutterfield had a phone conversation that afternoon.
She knew I was fine, Sutterfield told Police State USA. We agreed to talk the next day.
After being informed of the police involvement, Sutterfield requested that Dr. Bentle ask that
(Excerpt) Read more at policestateusa.com ...
Whiskey Tango Foxtrot, Over.
Insanity. And you KNOW the “conservative” SCOTUS would uphold this.
The Federales are here .. Hide the COnstitution.
I’d be more angry with the psychiatrist than the police. What ever happened to patient confidentiality? What business did she have calling the police?
Where in the Constitution was this?
These judges need to be removed from the bench, all of them if you ask me.
Anyone who goes to a psychiatrist these days is clearly out of their mind.
A federal court? About time for trials and firing squads for treason.
Having read the entire story, I am disgusted. Unless the facts are vastly different from the report, I would give this woman a whole lot of money in any civil lawsuit (and I hate civil lawsuits in general). I would also shun any cop involved in such reprehensible conduct. Once they found her talking normally through the door, their only legal authority to break into her home could come through a search warrant, and they didn’t bother to get one. The police were 100% legally wrong, and trampling her rights for what they claim to be her own good does not justify that wrong.
But they will still vote "D" and often too.
First gigantic mistake - going to a psychiatrist.
90% of the bartenders in the world give better advice. And it only costs a few drinks.
Wisconsin 7th District Appeals Court rules police can break into your home and seize guns if they think you may be suicidal.
FReep mail me if you want on, or off, this Wisconsin interest ping list.
Probable cause of "exigent circumstances" as a valid reason to search a house without a warrant is settled law - nothing new. If the court found probable cause, then, again this is nothing new.
Not sure what the "qualified immunity" part is about though.
They can’t have my guns, but they can have my ammo, through my guns.
“America..we hardly knew ya’”
I bet this woman voted for the leftists who have made her a serf without rights. Surprise! They are all about control, not liberty or rights.
It's now THE LAW.
Of course it is in the citizens best interest to be unarmed...especially if everyone is unarmed.
After that kid shot up the movie theater in Colorado, is that when this became law?
I was just going to reply that the woman ought to sue the shrink before reading your post.
Does she have any further recourse?
Well, that too.
There are, however, a lot of houses where they won’t get away doing that...
What if they say it's crazy to be in the TEA Party?
What if they say it's crazy to study the End Times?
What if they say logic and common sense is crazy and every word that proceeded out of the mouth of a corrupt government official carries more weight that what God said?
...Opps, I forgot, they already have....
Under a long line of Supreme Court cases, if you sue the cops for money damages for violating your constitutional rights, the cops have "qualified immunity" from paying damages unless it was clear that what they did was illegal. The idea is that cops shouldn't pay damages if what they did was in a gray area, even if it turns out later that the court finds their actions illegal.
Here, the court said that it was a gray area whether the "exigent circumstances" exception to the warrant requirement applied.
Meanwhile, in Maine a sheriff struggles with PSTD, (and somehow stays a sheriff with a gun???).
Documented in “A Matter of Duty” film.
And bring out the guns.
You know, it’s really the courts that have become the enemy.
Yes. The way I read the case there wasn't any question there was a 4th Amendment violation, the question was qualified immunity precluding a damages award.
They can say the sun is blue. Doesn't make it so.
The ball is in our court.............
Went to a after-hours clinic recently after stepping on a rusty nail.
Person taking my history asked if I had suicidal thoughts or wanted to harm others.
They are building the database to make the takeover easier.
i believe there are laws that require them to contact police if they believe the patient is a genuine danger to themselves or other people.
anyone who goes to these people better understand doctor-patient confidentiality isn’t absolute. and it could be subjective and the docs will be safe rather than sorry.
there will be a day fedgov co-opts these folks to disarm people over what they say in these sessions.
every day i’m not around medical people...
well if the people who saythey know the law better than we do, and that they ARE the law, then if they eff up they ought to pay.
Did they ask if she has a gas oven, then confiscate that too?
“Did they ask if she has a gas oven, then confiscate that too?”
Car Keys (car?)
Shoes (in case she wanted to walk out & step in front of a bus)
"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."
I didn't know that the 4th Amendment has been repealed. When did that happen, and why wasn't I told about it?
Joe Blow and Hairy Mary are to stoned too give a crap.
All those bastard judges should be impeached by Boehner, but he's PW Obama boytoy now.
You know, you're absolutely right.
But you aint seen nuthin yet, just wait til Obama finishes appointing a passel of his like-minded lawyers as judges for the federal courts.
And beyond that, he only needs to appoint one more USSC Justice in order to turn the highest court in the land into another arm of the far left gang that he brought to the White House with him. Then the entire BOR can and will be totally re-interpreted to accommodate the far-left agenda that he's determined to impose on the American people before he's done.
It's not a real law. It's more like extortion.
If your doctor doesn't ask you if you have any guns, or do you feel like killing yourself, or do you feel unsafe at home, they can be subject to various negative consequences. Like not being reimbursed by the government or insurance companies.
I had to make visits to the blood clinic, last year, and each time they asked me the same question (even though I live alone)... Do you feel unsafe in your home ?
They wouldn't ask it unless they were FORCED to do so.
You are correct. And we sit back and take it.
The whole Constitution has been repealed. It's been 'in process' for a long time.
You weren't told because the ruling elite don't want public outrage until they have complete control of the military, and enough bullets to kill every AMERICAN ten times.
Welcome to the New Socialist Caliphate of the Western Hemisphere.