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Wrongfully-arrested man considers lawsuit after marshals storm home
http://www.wlwt.com ^ | 9:37 PM EDT Apr 12, 2013 | unknown

Posted on 04/13/2013 7:57:49 AM PDT by redreno

HILLSBORO, Ohio —U.S. Marshals stormed a home and arrested a man believing he had drugs and guns Thursday morning in Hillsboro.

The only problem was that marshals had the wrong man and even the wrong house.

Nicholas Brown was making breakfast for his three children and getting ready for work when a dozen armed marshals barged into his home and arrested him for offenses he said he never committed.

(Excerpt) Read more at wlwt.com ...


TOPICS: Crime/Corruption; Culture/Society; Front Page News; US: Ohio
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To: EricT.
"The incident I referred to involved the wrong make and color of truck, and the two women inside looked nothing like the suspect they sought. The police tried to kill them anyway."

But, the police said it was a mistake. Can you prove otherwise?

101 posted on 04/14/2013 11:41:56 AM PDT by Enterprise ("Those who can make you believe absurdities can make you commit atrocities." Voltaire)
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To: jiggyboy

And you have outed yourself as a buffoon by bringing a fictional television character into a real life discussion. Who you gonna bring in next, Sponge Bob Squarepants?


102 posted on 04/14/2013 11:43:29 AM PDT by Enterprise ("Those who can make you believe absurdities can make you commit atrocities." Voltaire)
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To: Enterprise
No, really, your fail here is almost in toddsterpatriot's league. This thread is already a museum of your ad hominem absurdities.
103 posted on 04/14/2013 11:47:00 AM PDT by jiggyboy (Ten percent of poll respondents are either lying or insane)
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To: Enterprise
But, the police said it was a mistake. Can you prove otherwise?

Yes, by quoting the pResident:

"The police acted stupidly."

104 posted on 04/14/2013 11:52:42 AM PDT by ROCKLOBSTER
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To: The Working Man

“...with mandatory JAIL sentences and Massive fines.”

Jail time, yes...about three decades. Instead of massive fines...massive sums paid directly to the wronged person in each of these cases. And if the perps can’t personally pay, the gov’t pays and the perps Jail time is doubled.


105 posted on 04/14/2013 11:56:46 AM PDT by GGpaX4DumpedTea (I am a Tea Party descendant...steeped in the Constitutional Republic given to us by the Founders.)
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To: Enterprise

If you or I made that “mistake,” we’d spend the next few decades in prison for attempted murder, assault with a deadly weapon, and a few other associated felonies.

The police get to go home and come back to work the next day.

In the military, rules for when deadly force was authorized were drilled into my head. Civilian police have even more restrictive rules than I did. The situation here met none of the requirements.

At this point, you are being intentionally dense. I will not respond to any more of your posts.


106 posted on 04/14/2013 12:08:00 PM PDT by EricT.
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To: Enterprise

paristexas said: “many, if not most police...”

you said: “criminals and democrats...”

I said: difference?

please tell me you had to duck in order for that to go over your head.


107 posted on 04/14/2013 1:42:50 PM PDT by Hugh the Scot
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To: Enterprise

The ones I read about on FR that are raiding homes with SWAT teams (which I think violates the Constitution even if they are druggies) and the ones shooting peoples pets and
intimidating them at roadside stops. Also, it looks like many states are in for gun control nazi evasions coming soon.


108 posted on 04/14/2013 3:51:47 PM PDT by Cowgirl
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To: ROCKLOBSTER

You fail.


109 posted on 04/14/2013 5:04:15 PM PDT by Enterprise ("Those who can make you believe absurdities can make you commit atrocities." Voltaire)
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To: EricT.

You fail.


110 posted on 04/14/2013 5:05:04 PM PDT by Enterprise ("Those who can make you believe absurdities can make you commit atrocities." Voltaire)
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To: Hugh the Scot

You fail.


111 posted on 04/14/2013 5:07:23 PM PDT by Enterprise ("Those who can make you believe absurdities can make you commit atrocities." Voltaire)
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To: Venturer

Remember, below the belt and head shots defeat body armor.


112 posted on 04/14/2013 5:20:50 PM PDT by GGpaX4DumpedTea (I am a Tea Party descendant...steeped in the Constitutional Republic given to us by the Founders.)
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To: Cowgirl
If a S.W.A.T. team complies with the requirements of obtaining a search warrant, then the service of the search warrant is Constitutional.

My opinion regarding the roadside stops are unconstitutional and they should be stopped. The DUI checkpoints are inefficient and mostly unproductive anyway.

113 posted on 04/14/2013 5:25:14 PM PDT by Enterprise ("Those who can make you believe absurdities can make you commit atrocities." Voltaire)
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To: Enterprise

Take yourself pretty seriously do you?


114 posted on 04/14/2013 5:34:11 PM PDT by Hugh the Scot
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To: jeffc

” Why in the world do they do these “no-knock” raids? Practice for martial law? Why can’t the LEO’s wait for the guy to walk out of house and nab him there, then go in and search for drugs/whatever? “

The adrenaline rush (2) Get to use shiny, taxpayer provided “toys”.

No excitement or drama in waiting for the suspect to walk out of his residence.

You just don’t want government employees to have any fun.


115 posted on 04/14/2013 6:17:35 PM PDT by Altariel ("Curse your sudden but inevitable betrayal!")
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To: Enterprise

SWAT teams are like a military invasion and not appropriate as a means to keep the peace. Look at Columbine, there were no heroes to save the children. Instead, they marched around with shields in front of them, taking precious time
evading the shooters.


116 posted on 04/14/2013 6:47:29 PM PDT by Cowgirl
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To: Hugh the Scot

Well, don’t you?


117 posted on 04/14/2013 7:06:22 PM PDT by Enterprise ("Those who can make you believe absurdities can make you commit atrocities." Voltaire)
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To: Cowgirl
The actions of the officers at Columbine were disgraceful. You might find this hard to believe, but a lot of police officers were highly critical of the officers in that event.

The term "Peace Officer" describes the patrolman who answers a call for service. SWAT teams were not formed to "Keep The Peace." They came into existence when crooks would hide in houses and shoot it out with officers. The teams were trained in cover and concealment, utilizing as much time as they need to bring a problem to a non lethal solution. Hostage negotiators are brought along when needed. As drug dealers became better armed with high power rifles and fully automatic weapons, it would be negligent to serve a warrant on high danger targets without SWAT. And even now, SWAT officers are killed on raids. If you have a fool proof idea on how to keep the casualties to zero, please post your thoughts.

118 posted on 04/14/2013 7:17:23 PM PDT by Enterprise ("Those who can make you believe absurdities can make you commit atrocities." Voltaire)
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To: Enterprise

“If you have a fool proof idea on how to keep the casualties to zero, please post your thoughts. “

Don’t break into people’s homes in the middle of the night.

That, amazingly, dramatically cuts down on the casualties of innocent homeowners and their pets.

Oh, you weren’t referring to the sovereign citizen?


119 posted on 04/15/2013 5:10:25 AM PDT by Altariel ("Curse your sudden but inevitable betrayal!")
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To: Enterprise
You fail

If I failed, then you are probably a National Socialist...(union-thug cop)

No, the swat team failed. Sounds like a modern day version of the Gestapo, no doubt a RAT-patrol.

I don't have any problem with a proper drug raid, but you can't tell me someone didn't drop the ball. Why weren't the guys from surveillance there to observe the raid, or was there actually any surveillance?

120 posted on 04/15/2013 6:00:22 AM PDT by ROCKLOBSTER
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To: Altariel

You FAIL!


121 posted on 04/15/2013 8:12:33 AM PDT by Enterprise ("Those who can make you believe absurdities can make you commit atrocities." Voltaire)
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To: ROCKLOBSTER

You FAIL!


122 posted on 04/15/2013 8:13:00 AM PDT by Enterprise ("Those who can make you believe absurdities can make you commit atrocities." Voltaire)
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To: Toadman
>> US Marshal deputies apprehend fugitives. They don’t have a “jurisdiction” per se (other than all US Territory).
>
> I’m guessing, they were directed to the house by local or federal officers; however, they do research and use technology to track and apprehend fugitives, and if that is was what happened in this incident, someone is going back to guarding courtrooms!

The States are not, and cannot be, US Territories, as unless I miss my mark, such would "Prejudice any Claims of the United States, or of any particular State" by usurping their own jurisdictions.

Art 4, Sec 3, Para 2:
The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States, or of any particular State.

123 posted on 04/15/2013 1:28:46 PM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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To: Christie at the beach
Would be very scary, wouldn't it. An entire team of cops in your home unannounced.

That happened to me, well my mom -- I was away and a group came in and, refusing to declare their reasons for being there, intimidated her back into the house to conduct illegal search of the premises.

I do understand they have to get the bad guy though they have to get it right or wait until the person is outside.

Ha. In the situation mentioned above it eventually came out they were there because of an [at least] third-hand account of something I'd done days prior which was both legal and lawful (open carry).

I don't know if I would sue, though it would be an intimating ordeal.

In retrospect, I would.

Most of these cases, it's timed so precisely, no time to react. My hubby as a teen, he and his cousin was thought to be involved in a crime. It was 2 others guys similar in age. The 2 did the robbery had the same color car as hubby's (dark green Dodge Dart). He says he'll never forget that. He didn't sue. His dad wanted to. Gosh, his dad was furious when he went to the sheriff to get his son. It's a wonder he didn't end up in jail. Hubby's been a cop so he looks at that differently now. He says that have to be sure before going in or don't mess it up. They have to have their tools though I don't want them getting too much power.

I think they've already got too much power*; as exemplified above they made unwarranted searches based on hearsay for a legal action.
* Not enough accountability, at least.

124 posted on 04/15/2013 1:36:05 PM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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To: EricT.
In the military, rules for when deadly force was authorized were drilled into my head. Civilian police have even more restrictive rules than I did. The situation here met none of the requirements.

At this point in time I'm not sure that statement is correct given some of the FUBAR orders/directives my little brother [Marines] had in Afghanistan, and the Dorner-ish incidents [the Costco guy's summary execution springs to mind].

If you or I made that “mistake,” we’d spend the next few decades in prison for attempted murder, assault with a deadly weapon, and a few other associated felonies.

Quite correct.

The police get to go home and come back to work the next day.

To be fair, they would likely come back after their paid administrative leave while they were "investigated" internally.

125 posted on 04/15/2013 1:51:23 PM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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To: Flick Lives

>> The only problem was that marshals had the wrong man and even the wrong house.
>
> Right. Other than those two little details, the raid was flawless.

Good way to put it. How would potential employers react to something like “other than consistently failing all my tests I had an excellent grade in college”?
This stuff is beyond absurd.


126 posted on 04/15/2013 2:00:39 PM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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To: OneWingedShark

All I meant to say is that US Marshal deputies do not normaly create cases. Typically they track and apprehend fugitives (after their stint of court duty and prisoner escort). Sometimes it’s escaped prisoners, bail jumpers, and occiasionally they’ll assist local law enforcement. Normally the only “suspects” they apprehend are ones who failed to appear in court.

I’m not sure what your intent is with your statement about the States not being U.S. Territories... I’m sure you’re probably right because you seem to be well read on the subject.

Would mind dumbing it down for me? I’m not being sarcastic and I’m not trying to argue. I really want to be educated as to your meaning. Are you meaning that the Federal Government has no jurisdiction whatsoever over any US State (I wish that was a reality by the way).

VR
toadman


127 posted on 04/15/2013 2:33:50 PM PDT by Toadman (To anger a Conservative, tell a lie. To anger a liberal, tell the truth.)
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To: Toadman
Would mind dumbing it down for me? I’m not being sarcastic and I’m not trying to argue. I really want to be educated as to your meaning.

Sure -- I don't mind at all, though a bit of warning: I'm not a lawyer at all, I'm a computer programmer and writer.

One thing is that the Congress can purchase land, these were typically called territories (the prior quoted mentions property as well; this is likely WRT "Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings") the latter are purchased from the States, and so there is a distinct jurisdiction change there: from being the State's property to that of the federal government.

Are you meaning that the Federal Government has no jurisdiction whatsoever over any US State (I wish that was a reality by the way).

That's pretty much my meaning -- there are only a few federal crimes proscribed in the constitution:

1) Treason,
2) Piracy,
3) Counterfeiting, and
4) International law violations [arguably].
So, there should only be a few federal laws rather than the 846 pages of Title 18 of the US Code. Aside from the above four items, the only other thing that should be included would be the punishment for the crime of violating the Constitution, the highest law of the land... much like 18 USC 241 & 18 USC 242. Instead we have a monstrosity that is used to beat down the people (as it is obvious that it does not restrain the government, as is).
128 posted on 04/15/2013 3:05:39 PM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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To: Enterprise

Thank you for once again reminding the forum how much you support the rights of the sovereign American citizen.

Perhaps tomorrow you’ll be able to develop a coherent argument as to why an American citizen should be victimized by 3 AM intruders and should have the responsibility of flipping a coin to determine whether the intruders are “From the Government and Here to Help” or Common Criminals.


129 posted on 04/15/2013 7:55:12 PM PDT by Altariel ("Curse your sudden but inevitable betrayal!")
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To: Altariel
"Perhaps tomorrow you’ll be able to develop a coherent argument as to why an American citizen should be victimized by 3 AM intruders and should have the responsibility of flipping a coin to determine whether the intruders are “From the Government and Here to Help” or Common Criminals."

Assuming you are an American citizen, what would YOU do?

130 posted on 04/15/2013 7:58:06 PM PDT by Enterprise ("Those who can make you believe absurdities can make you commit atrocities." Voltaire)
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To: Enterprise

The defense of that position is yours to make, not mine.

Perhaps tomorrow you’ll be able to develop a coherent argument as to why an American citizen should be victimized by 3 AM intruders and should have the responsibility of flipping a coin to determine whether the intruders are “From the Government and Here to Help” or Common Criminals.


131 posted on 04/15/2013 8:04:24 PM PDT by Altariel ("Curse your sudden but inevitable betrayal!")
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To: Altariel

I don’t have to be your organ grinder monkey big mouth. What would YOU do? Answer or STFU!


132 posted on 04/15/2013 8:08:56 PM PDT by Enterprise ("Those who can make you believe absurdities can make you commit atrocities." Voltaire)
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To: Enterprise

The defense of that position is yours to make, not mine.

Perhaps tomorrow you’ll be able to develop a coherent argument as to why an American citizen should be victimized by 3 AM intruders and should have the responsibility of flipping a coin to determine whether the intruders are “From the Government and Here to Help” or Common Criminals.


133 posted on 04/15/2013 8:09:24 PM PDT by Altariel ("Curse your sudden but inevitable betrayal!")
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To: jiggyboy

It seems that is all he/she is intellectually capable of bringing to the table.

But then, defending government thuggery *is* a logically irrational position, so one must not be surprised.


134 posted on 04/15/2013 8:11:28 PM PDT by Altariel ("Curse your sudden but inevitable betrayal!")
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To: Altariel

Adios idiot.


135 posted on 04/15/2013 8:11:49 PM PDT by Enterprise ("Those who can make you believe absurdities can make you commit atrocities." Voltaire)
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To: savedbygrace

How about “the LEO ought be prosecuted with violation of the same laws any American citizen under the same circumstances would be charged with, and removed from the force”.

Bingo. Instant motivation to make certain they have the right information, on the right person, at the right place and time.


136 posted on 04/15/2013 8:13:49 PM PDT by Altariel ("Curse your sudden but inevitable betrayal!")
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To: Enterprise

The defense of that position is yours to make, not mine.

Perhaps tomorrow you’ll be able to develop a coherent argument as to why an American citizen should be victimized by 3 AM intruders and should have the responsibility of flipping a coin to determine whether the intruders are “From the Government and Here to Help” or Common Criminals.


137 posted on 04/15/2013 8:14:10 PM PDT by Altariel ("Curse your sudden but inevitable betrayal!")
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To: Altariel
The defense of that position is yours to make, not mine.

Perhaps tomorrow you’ll be able to develop a coherent argument as to why an American citizen should be victimized by 3 AM intruders and should have the responsibility of flipping a coin to determine whether the intruders are “From the Government and Here to Help” or Common Criminals.

138 posted on 04/15/2013 8:21:40 PM PDT by Enterprise ("Those who can make you believe absurdities can make you commit atrocities." Voltaire)
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To: redreno

Bring ‘em on. I’m lookin’ for a legacy retirement that leaves me several millions to pass on to my heirs...(will I sue? Trust me!)


139 posted on 04/15/2013 8:22:08 PM PDT by GGpaX4DumpedTea (I am a Tea Party descendant...steeped in the Constitutional Republic given to us by the Founders.)
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To: Christie at the beach

This was not the f’n mostly evil big city police (Chicago, NOLA types), these ba$tard$ were US Marshals.


140 posted on 04/15/2013 8:27:45 PM PDT by GGpaX4DumpedTea (I am a Tea Party descendant...steeped in the Constitutional Republic given to us by the Founders.)
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To: Enterprise

The defense of that position is yours to make, not mine.

Perhaps tomorrow you’ll be able to develop a coherent argument as to why an American citizen should be victimized by 3 AM intruders and should have the responsibility of flipping a coin to determine whether the intruders are “From the Government and Here to Help” or Common Criminals.


141 posted on 04/15/2013 8:29:23 PM PDT by Altariel ("Curse your sudden but inevitable betrayal!")
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To: Altariel
The defense of that position is yours to make, not mine.

Perhaps tomorrow you’ll be able to develop a coherent argument as to why an American citizen should be victimized by 3 AM intruders and should have the responsibility of flipping a coin to determine whether the intruders are “From the Government and Here to Help” or Common Criminals.

142 posted on 04/15/2013 8:30:40 PM PDT by Enterprise ("Those who can make you believe absurdities can make you commit atrocities." Voltaire)
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To: Enterprise

Hey, troll, the police saying it was a mistake makes it alright? Hope you get to be on the receiving end of that kind of thinking.


143 posted on 04/15/2013 8:31:36 PM PDT by GGpaX4DumpedTea (I am a Tea Party descendant...steeped in the Constitutional Republic given to us by the Founders.)
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To: Enterprise

The defense of that position is yours to make, not mine.

Perhaps tomorrow you’ll be able to develop a coherent argument as to why an American citizen should be victimized by 3 AM intruders and should have the responsibility of flipping a coin to determine whether the intruders are “From the Government and Here to Help” or Common Criminals.


144 posted on 04/15/2013 8:31:44 PM PDT by Altariel ("Curse your sudden but inevitable betrayal!")
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To: Altariel
The defense of that position is yours to make, not mine.

Perhaps tomorrow you’ll be able to develop a coherent argument as to why an American citizen should be victimized by 3 AM intruders and should have the responsibility of flipping a coin to determine whether the intruders are “From the Government and Here to Help” or Common Criminals.

145 posted on 04/15/2013 8:32:28 PM PDT by Enterprise ("Those who can make you believe absurdities can make you commit atrocities." Voltaire)
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To: Altariel; Enterprise

The defense of that position is yours to make, not mine.

Perhaps tomorrow you’ll be able to develop a coherent argument as to why an American citizen should be victimized by 3 AM intruders and should have the responsibility of flipping a coin to determine whether the intruders are “From the Government and Here to Help” or Common Criminals.


146 posted on 04/15/2013 8:34:05 PM PDT by Lazamataz ("AP" clearly stands for American Pravda. Our news media has become completely and proudly Soviet.)
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To: Enterprise

The defense of that position is yours to make, not mine.

Perhaps tomorrow you’ll be able to develop a coherent argument as to why an American citizen should be victimized by 3 AM intruders and should have the responsibility of flipping a coin to determine whether the intruders are “From the Government and Here to Help” or Common Criminals.


147 posted on 04/15/2013 8:34:10 PM PDT by Altariel ("Curse your sudden but inevitable betrayal!")
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To: Altariel
The defense of that position is yours to make, not mine.

Perhaps tomorrow you’ll be able to develop a coherent argument as to why an American citizen should be victimized by 3 AM intruders and should have the responsibility of flipping a coin to determine whether the intruders are “From the Government and Here to Help” or Common Criminals.

148 posted on 04/15/2013 8:34:36 PM PDT by Enterprise ("Those who can make you believe absurdities can make you commit atrocities." Voltaire)
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To: Lazamataz

Ha. :)

Still waiting for him/her to develop that coherent argument pro-government thuggery.

Of course, it *is* difficult to rationally justify unconstitutional behavior.


149 posted on 04/15/2013 8:35:10 PM PDT by Altariel ("Curse your sudden but inevitable betrayal!")
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To: Enterprise

The defense of that position is yours to make, not mine.

Perhaps tomorrow you’ll be able to develop a coherent argument as to why an American citizen should be victimized by 3 AM intruders and should have the responsibility of flipping a coin to determine whether the intruders are “From the Government and Here to Help” or Common Criminals.


150 posted on 04/15/2013 8:35:49 PM PDT by Altariel ("Curse your sudden but inevitable betrayal!")
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