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Washington Court: Refusing To Let Cops Enter Home Without Warrants Isn't Obstruction [Updated]
Forbes ^ | April 19, 2019 | Nick Sibilla

Posted on 04/19/2019 3:50:40 PM PDT by Twotone

UPDATE: On Friday afternoon, the Washington Supreme Court issued an order that amended the lead opinion by striking out its conclusion and replacing it with the following:

“ “We in the lead opinion would hold the city presented insufficient evidence to sustain [Solomon] McLemore’s conviction and remand to the trial court for further proceedings consistent with this opinion. However, we recognize this opinion has garnered only four signatures. ‘Therefore, there being no majority for the reversal of the judgment of the trial court, it necessarily stands affirmed, and the order of this court is that the judgment appealed from be and it is hereby affirmed.’”

So while the lead opinion initially would have reversed the conviction, because the court split evenly, McLemore’s conviction in the trial court still stands. The rest of the piece has been updated accordingly.

McLemore’s attorney did not immediately respond to a request for comment, while the Shoreline Prosecutor’s Office wrote that “the city is still considering whether to file a motion to clarify.”

A man who refused to open his door to let police enter his home without a warrant should not have been convicted for obstruction of justice, the lead opinion for the Washington Supreme Court concluded on Thursday. “Criminalizing the refusal to open one’s own door to a warrantless entry would be enormously chilling and inconsistent with our deeply held constitutional values,” Justice Steven Gonzalez wrote in Shoreline v. McLemore.

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


TOPICS: Constitution/Conservatism; Crime/Corruption; Government; News/Current Events
KEYWORDS: 4thamendment; donutwatch; police; ruling; ussc; warrants
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To: ChildOfThe60s

“The US is a banana republic in all but name.”

Hillary and Lois Lerner are walking around free.


21 posted on 04/19/2019 4:32:36 PM PDT by Uncle Miltie (Trump 2020 - Re-Elect the M*****F***er!)
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To: ChildOfThe60s

And without the bananas.


22 posted on 04/19/2019 4:32:42 PM PDT by FreedomPoster (Islam delenda est)
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To: Leaning Right

agree with ya


23 posted on 04/19/2019 4:40:21 PM PDT by SaveFerris (Luke 17:28 ... as it was in the days of Lot; they did eat, they drank, they bought, they sold ......)
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To: Twotone

Key phrase:

“A man who refused to open his door to let police enter his home without a warrant...”

The man was correct. Here’s what he needs - an elected pro-2nd amendment, constitutional sheriff who will send a SWAT team to confront out-of-control cops.

I have an elected pro-2nd amendment Sheriff in my county. Pig cops who try to interfere with citizens exercising their constitutional rights are stopped and told to leave the county - or else.

And yes, police chiefs have been forced to resign and leave the county.


24 posted on 04/19/2019 4:40:47 PM PDT by sergeantdave (Teach a man to fish and he'll steal your gear and sell it)
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To: Twotone

Bookmark


25 posted on 04/19/2019 4:44:35 PM PDT by Southside_Chicago_Republican (The more I learn about people, the more I like my dog.)
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To: righttackle44
I, too, am beginning to see that many cops are not what we believe they should be--good guys, protectors of our person and rights.

Most cops are good guys. The problem is that there are so many cops that even if "just" 10% are bad, that is a very large number of bad guys with guns - and worse, with a badge.

26 posted on 04/19/2019 5:02:02 PM PDT by Pollster1 ("Governments derive their just powers from the consent of the governed")
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To: Twotone

Only 4 signatures? Whiskey Tango Foxtrot


27 posted on 04/19/2019 5:09:34 PM PDT by NonValueAdded (#DeplorableMe #BitterClinger #HillNO! #cishet #MyPresident #MAGA #Winning #covfefe #BuildIt)
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To: Twotone

You never even talk to the cops except to say “I can’t talk to you without legal counsel being present”. You sure as heck don’t let them in your house!


28 posted on 04/19/2019 5:23:08 PM PDT by KyCats
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To: Twotone

It’s not a crime to shoot the dog either.


29 posted on 04/19/2019 6:16:13 PM PDT by Drango (A liberal's compassion is limited only by the size of someone else's wallet.)
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To: DesertRhino

“The jackass who charged him should be arrested and charged with violating his civil rights under color of law.”

He must have gotten his “legal training” under former Whacko, TX DA, Abel Reyna!


30 posted on 04/19/2019 6:23:21 PM PDT by vette6387
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To: righttackle44

“...protectors of our person and rights.” They were never intended to be nor ever were or ever will be that. You misunderstand the role of the police. Their role is to enforce the law and catch the bad guy. They are not there for your protection and they serve no constitutional function of enforcing Constitutional rights.


31 posted on 04/19/2019 6:41:42 PM PDT by FreedomNotSafety
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To: LeoTDB69
Hell, maybe one day we can be cited for obstruction simply for pleading not guilty.

And arrest the jury for obstruction of justice for returning a not guilty verdict.

32 posted on 04/19/2019 7:09:13 PM PDT by KarlInOhio (Leave the job, leave the clearance. It should be the same rule for the Swamp as for everyone else.)
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To: sergeantdave

Which County in which State?


33 posted on 04/19/2019 7:32:11 PM PDT by 1FreeAmerican
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To: Pollster1

I agree with you but many more are poorly trained. We need a standardized training regimen that all peace officers must complete with emphasis on Constitutional Rights and real world role playing before being hired.


34 posted on 04/19/2019 7:54:01 PM PDT by vigilence (Vigilence)
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To: Pollster1

“Most cops are good guys. The problem is that there are so many cops that even if “just” 10% are bad, that is a very large number of bad guys with guns - and worse, with a badge.”

The problem here is the “most cops” you reference always seem to turn a blind eye to the bad. It is usually only video recording and public scrutiny that brings the bad apple down, not the “most cops” seeing everything and doing nothing. I dare say when an incident reaches public attention of bad shoot, beating, or violation of rights it is not the first violation by the subject “officer”.

When they start cleaning their own house I will believe, until then I gotta think “most cops” are compromised.......


35 posted on 04/19/2019 9:33:25 PM PDT by JParris
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To: WASCWatch
Washington State Supreme Court is the most corrupt state supreme court in the country. This statement is based on personal knowledge backed up by court records, emails, and recorded phone calls.
See my screen name.

This is the absolute truth. Thank you for whatever work that you do to educate others about this.

36 posted on 04/19/2019 10:22:35 PM PDT by fireman15
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To: Twotone

Did Comey have a warrant? No. If Trump had no idea there was an actual investigation, then there was no obstruction.

Yet Mueller time and again interogated people with the FBI without letting them know it was official enough they would be brought under lying to FBI


37 posted on 04/19/2019 10:23:27 PM PDT by JudgemAll (Democrats Fed. job-security in hatse:hypocrites must be gay like us or be tested/crucified)
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To: vigilence

The only training they get is in balderdash sensitivity training brainwash that is not even legal in implication...


38 posted on 04/19/2019 10:24:42 PM PDT by JudgemAll (Democrats Fed. job-security in hatse:hypocrites must be gay like us or be tested/crucified)
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To: MeganC
like the man said, after the first one, the rest are free...
39 posted on 04/19/2019 10:39:46 PM PDT by Chode ( WeÂ’re America, Bitch!)
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To: sergeantdave

Which state and county do you live in, sounds like AMERICA.


40 posted on 04/19/2019 10:43:24 PM PDT by 5th MEB (Progressives in the open; --- FIRE FOR EFFECT!!)
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