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Federal court: police can break down door and seize guns without warrant or charges
Police State USA ^ | May 18, 2014 | staff

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 citizen’s door, search the home, and confiscate firearms, so long that they believe it is in the citizen’s best interest. A Doctor’s 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 ‘I’m 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 I’d bought my car, and call the dealer to get info on my car,” she told Police State USA. “But they didn’t 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 ...


TOPICS: Constitution/Conservatism; News/Current Events
KEYWORDS: abuseofpower; banglist; break; court; federal; guns
If you like your constitution, you can... stuff it.
1 posted on 05/23/2014 2:06:11 PM PDT by Nachum
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To: Nachum

Whiskey Tango Foxtrot, Over.


2 posted on 05/23/2014 2:07:09 PM PDT by Lazamataz (Early 2009 to 7/21/2013 - RIP my little girl Cathy. You were the best cat ever. You will be missed.)
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To: Nachum

Insanity. And you KNOW the “conservative” SCOTUS would uphold this.


3 posted on 05/23/2014 2:07:11 PM PDT by RIghtwardHo
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To: Nachum

4 posted on 05/23/2014 2:08:16 PM PDT by kingattax (America needs more real Americans.)
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To: Nachum

The Federales are here .. Hide the COnstitution.


5 posted on 05/23/2014 2:08:35 PM PDT by NormsRevenge (Semper Fi - Revolution is a'brewin!!!)
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To: Nachum

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?


6 posted on 05/23/2014 2:09:30 PM PDT by Cicero (Marcus Tullius)
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To: Nachum

Where in the Constitution was this?

These judges need to be removed from the bench, all of them if you ask me.


7 posted on 05/23/2014 2:11:24 PM PDT by GeronL (Vote for Conservatives not for Republicans!)
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To: Cicero

Anyone who goes to a psychiatrist these days is clearly out of their mind.


8 posted on 05/23/2014 2:12:21 PM PDT by Lazamataz (Early 2009 to 7/21/2013 - RIP my little girl Cathy. You were the best cat ever. You will be missed.)
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To: NormsRevenge

A federal court? About time for trials and firing squads for treason.


9 posted on 05/23/2014 2:13:02 PM PDT by MHGinTN
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To: Nachum

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.


10 posted on 05/23/2014 2:13:16 PM PDT by Pollster1 ("Shall not be infringed" is unambiguous.)
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To: RIghtwardHo
Insanity. And you KNOW the “conservative” SCOTUS would uphold this.

But they will still vote "D" and often too.

11 posted on 05/23/2014 2:16:16 PM PDT by Don Corleone ("Oil the gun..eat the cannoli. Take it to the Mattress.")
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To: Nachum
“A psychiatrist, Dr. Michelle Bentle, phoned police to report that a patient had expressed a suicidal thought during an outpatient appointment”

First gigantic mistake - going to a psychiatrist.

90% of the bartenders in the world give better advice. And it only costs a few drinks.

12 posted on 05/23/2014 2:21:17 PM PDT by I cannot think of a name
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To: Nachum; Hunton Peck; Diana in Wisconsin; P from Sheb; Shady; DonkeyBonker; Wisconsinlady; JPG; ...

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.


13 posted on 05/23/2014 2:23:37 PM PDT by afraidfortherepublic
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To: Nachum; BuckeyeTexan
In short, Sutterfield’s privacy (which was admittedly encroached upon) was left unprotected by the Bill of Rights because of the “exigent circumstances” in which police executed an emergency detention — with no warrant, no criminal charges, and no input from the judiciary. Similarly, the gun confiscation was also deemed as acceptable due to the so-called “emergency” which police claimed had been taking place for 9 consecutive hours.

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.

14 posted on 05/23/2014 2:23:59 PM PDT by PapaNew
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To: Nachum

They can’t have my guns, but they can have my ammo, through my guns.


15 posted on 05/23/2014 2:31:56 PM PDT by fwdude ( You cannot compromise with that which you must defeat.)
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To: Nachum

“America..we hardly knew ya’”


16 posted on 05/23/2014 2:40:03 PM PDT by Don Corleone ("Oil the gun..eat the cannoli. Take it to the Mattress.")
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To: Nachum

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.


17 posted on 05/23/2014 2:44:25 PM PDT by pallis
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To: Cicero
What ever happened to patient confidentiality? What business did she have calling the police?

It's now THE LAW.

18 posted on 05/23/2014 2:56:20 PM PDT by UCANSEE2 (Lost my tagline on Flight MH370. Sorry for the inconvenience.)
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To: Nachum
...in the citizen’s best interest.

Of course it is in the citizens best interest to be unarmed...especially if everyone is unarmed.

19 posted on 05/23/2014 3:03:25 PM PDT by Aevery_Freeman (Historians will refer to this administration as "The Half-Black Plague.")
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To: UCANSEE2
It's now THE LAW.

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?

20 posted on 05/23/2014 3:04:52 PM PDT by tsomer
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To: Lazamataz

Well, that too.


21 posted on 05/23/2014 3:05:53 PM PDT by Cicero (Marcus Tullius)
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To: Nachum

There are, however, a lot of houses where they won’t get away doing that...


22 posted on 05/23/2014 3:08:25 PM PDT by faithhopecharity ((Brilliant, Profound Tag Line Goes Here, just as soon as I can think of one..)d)
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To: Nachum
What if the Politburo in Washington says it's crazy to not believe in man made global warming?
What if they say it's crazy to have served our country?

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....

23 posted on 05/23/2014 3:12:05 PM PDT by PATRIOT1876
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To: PapaNew
Not sure what the "qualified immunity" part is about though.

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.

24 posted on 05/23/2014 3:15:20 PM PDT by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: Nachum

Meanwhile, in Maine a sheriff struggles with PSTD, (and somehow stays a sheriff with a gun???).

Documented in “A Matter of Duty” film.

http://www.mpbn.net/Television/LocalTelevisionPrograms/AMatterofDuty.aspx


25 posted on 05/23/2014 3:17:31 PM PDT by Scrambler Bob (You can count my felonies by looking at my FR replies.)
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To: Lurking Libertarian

Gottcha. Thanks.


26 posted on 05/23/2014 3:18:10 PM PDT by PapaNew
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To: NormsRevenge
The Federales are here .. Hide the COnstitution.

And bring out the guns.

27 posted on 05/23/2014 3:22:09 PM PDT by unixfox (Abolish Slavery, Repeal the 16th Amendment)
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To: Nachum

You know, it’s really the courts that have become the enemy.


28 posted on 05/23/2014 3:25:44 PM PDT by stevio (God, guns, guts.)
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To: Nachum
We do not check the citizenship staus of Hispanics when reporting a crime, because we don't want them to fear going to the police.

We do check gun ownership of citizens when they go to a doctor.  Who cares if this means they will stay away from a psychologist when they actually need someone to talk to.



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29 posted on 05/23/2014 3:26:17 PM PDT by DoughtyOne
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To: Lurking Libertarian; PapaNew
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.

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.

30 posted on 05/23/2014 3:47:54 PM PDT by colorado tanker
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To: RIghtwardHo
And you KNOW the “conservative” SCOTUS would uphold this.

They can say the sun is blue. Doesn't make it so.

The ball is in our court.............

31 posted on 05/23/2014 4:03:45 PM PDT by ChildOfThe60s ((If you can remember the 60s.....you weren't really there)
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To: Nachum

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.


32 posted on 05/23/2014 5:04:04 PM PDT by alpo (What would Selco do?)
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To: Cicero

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.


33 posted on 05/23/2014 5:35:15 PM PDT by Secret Agent Man (Gone Galt; Not averse to Going Bronson.)
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To: alpo

every day i’m not around medical people...


34 posted on 05/23/2014 5:36:05 PM PDT by Secret Agent Man (Gone Galt; Not averse to Going Bronson.)
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To: colorado tanker

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.


35 posted on 05/23/2014 5:37:36 PM PDT by Secret Agent Man (Gone Galt; Not averse to Going Bronson.)
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To: Nachum

Did they ask if she has a gas oven, then confiscate that too?


36 posted on 05/23/2014 5:58:08 PM PDT by Age of Reason
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To: Age of Reason

“Did they ask if she has a gas oven, then confiscate that too?”

Also:

Car Keys (car?)
Shoes (in case she wanted to walk out & step in front of a bus)
Knives
Lamp cords
Neckties
Rope
Plastic Bags
Sleeping Pills
Razor blades
Bathtubs
etc
etc
etc


37 posted on 05/23/2014 6:09:31 PM PDT by BwanaNdege ( "For those who have fought for it, Life bears a savor the protected will never know")
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To: Nachum
Amendment IV:

"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?

38 posted on 05/23/2014 8:46:44 PM PDT by epow ("It is when people forget God that tyrants forge their chains." Patrick Henry)
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To: GeronL
If the Fed judges can ignore state Constitutions over Homo marriage and get away with it,
and while the public isn't doing a damn thing to stop them, why not this?

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.

39 posted on 05/23/2014 8:50:40 PM PDT by MaxMax (Pay Attention and you'll be pissed off too! FIRE BOEHNER, NOW!)
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To: stevio
You know, it’s really the courts that have become the enemy.

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.

40 posted on 05/23/2014 9:30:32 PM PDT by epow ("It is when people forget God that tyrants forge their chains." Patrick Henry)
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To: tsomer
After that kid shot up the movie theater in Colorado, is that when this became law?

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.

41 posted on 05/24/2014 10:59:07 AM PDT by UCANSEE2 (Lost my tagline on Flight MH370. Sorry for the inconvenience.)
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To: epow

You are correct. And we sit back and take it.


42 posted on 05/24/2014 11:01:57 AM PDT by stevio (God, guns, guts.)
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To: epow
I didn't know that the 4th Amendment has been repealed. When did that happen, and why wasn't I told about 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.

43 posted on 05/24/2014 11:02:30 AM PDT by UCANSEE2 (Lost my tagline on Flight MH370. Sorry for the inconvenience.)
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