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It is currently Thu Apr 25, 2024 11:48 am
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[ 9 posts ] |
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Courts: PD incompetetence OK, raid house over tea leaves
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TechnoWeenie
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Location: Nova Laboratories Joined: Tue Oct 25, 2011 Posts: 18474
Real Name: Johnny 5
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A couple years ago, I posted about gov't overstepping its bounds... Again.. https://washingtonpost.com/news/the-watch/wp/2016/01/11/why-the-wet-tea-leaves-drug-raid-was-outrageous/A man went to a hydroponics shop to get supplies for a school science experiment with his kids... Growing tomatoes... Which they kept growing. Well, drug task force officers were surveilling the store hoping to get a bust.... They run his license plate and gather all his info. 8 MONTHS later they go to his house and search his trash can, finding tea leaves... This cop then leaves.. He later tests the 'weed' with a field test that's been proven to be inaccurate up to 70% of the time... And.. Subsequently, requests a warrant, based on his sworn affidavit that these wet tea leaves looked to be marijuana. They did nothing else to confirm anything... They waited 8 months to run through his trash, but couldn't wait a couple days to get a lab test. Why? They wanted a huge number of raids on April 20th, yes, 4/20..so,they rounded up a swat team and forced their way into the house demanding to know where their grow operation was.. Clearly, the owners, BOTH FORMER CIA AGENTS, had no such grow operation... But that didn't stop the cops, they went from claiming it was a grow operatio to searching for 'personal use amounts' and tore up their house. Finding nothing, the officers left. When the homeowners demanded information on why they were raided, the agency REFUSED to give any information, having to be sued in court to force them to divulge the information. So, they sue. Judge rules that having tea leaves and buying stuff from a store is PC for a search and not violative of the 4th amendment (WTF?!). The case was appealed. Just recently, in December the courts ruled that, although there were multiple errors, they were due to ignorance, stupidty, and overall incompetence... But, here's the problem. Incompetence is protected by qualified immunity. Yup, they had to prove the act was intentional and with malice. The only legal avenue they had was trying to prove the officers lied. Being fucking idiots wasn't good enough. http://reason.com/blog/2017/12/15/no-damages-for-victims-of-kansas-pot-rai So, now you have 2 court decisions, revolving around the same case, basically saying, 'If you drink tea and grow tomatoes, we can kick down your door'.. Just fucking great. Incompetence is enough to justify a raid and you won't get a dime for your home being invaded, being held at gunpoint, your house torn to shambles, etc. I'm from the gov't, and I'm here to help.
_________________NO DISASSEMBLE!Thomas Paine wrote: "He that would make his own liberty secure, must guard even his enemy from oppression; for if he violates this duty, he establishes a precedent that will reach to himself."
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Sat Jan 20, 2018 4:26 am |
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Pablo
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Location: Everson, WA Joined: Sun Jan 6, 2013 Posts: 28192
Real Name: Ace Winky
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That does suck. Pretty sure when the system was set up originally, citizens would have recourse. Not roadblocks. At some point it will be too late (now?) or people will find out team Red and team Blue are not helping with this kind of shit.
_________________ Why does the Penguin in Batman sound like a duck?
Because the eagle sounds like a hawk.
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Sat Jan 20, 2018 7:06 am |
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Selador
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Location: Index Joined: Thu Aug 23, 2012 Posts: 12963
Real Name: Jeff
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Former CIA agents?
I'm surprised that all the LE officers in question haven't been singled out for all kinds of 'difficulties' from unknown sources...
_________________ -Jeff
How can I help you, and/or make you smile, today?
You are entitled to your opinion. You are not entitled to tell me what mine must be.
Do justice. Love mercy.
“I would rather have questions that can't be answered than answers that can't be questioned.” ~ Richard P. Feynman
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Sat Jan 20, 2018 7:40 am |
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TechnoWeenie
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Location: Nova Laboratories Joined: Tue Oct 25, 2011 Posts: 18474
Real Name: Johnny 5
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Selador wrote: Former CIA agents?
I'm surprised that all the LE officers in question haven't been singled out for all kinds of 'difficulties' from unknown sources... Analysts, employees, agents... Who knows what their real title was. They worked for the CIA..lol.
_________________NO DISASSEMBLE!Thomas Paine wrote: "He that would make his own liberty secure, must guard even his enemy from oppression; for if he violates this duty, he establishes a precedent that will reach to himself."
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Sat Jan 20, 2018 7:55 am |
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Selador
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Location: Index Joined: Thu Aug 23, 2012 Posts: 12963
Real Name: Jeff
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TechnoWeenie wrote: Selador wrote: Former CIA agents?
I'm surprised that all the LE officers in question haven't been singled out for all kinds of 'difficulties' from unknown sources... Analysts, employees, agents... Who knows what their real title was. They worked for the CIA..lol. Even if they weren't agents, they have got to know some current ones...
_________________ -Jeff
How can I help you, and/or make you smile, today?
You are entitled to your opinion. You are not entitled to tell me what mine must be.
Do justice. Love mercy.
“I would rather have questions that can't be answered than answers that can't be questioned.” ~ Richard P. Feynman
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Sat Jan 20, 2018 9:35 am |
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snozzberries
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Location: King County Joined: Thu Oct 16, 2014 Posts: 4012
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TechnoWeenie wrote: the courts ruled that, although there were multiple errors, they were due to ignorance, stupidity, and overall incompetence... But, here's the problem. Incompetence is protected by qualified immunity. Yup, they had to prove the act was intentional and with malice. The only legal avenue they had was trying to prove the officers lied. Being fucking idiots wasn't good enough. The same rules that apply to the government should apply to us. This means that ignorance of the law is now a valid defense.
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Sat Jan 20, 2018 9:49 am |
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Selador
Site Supporter
Location: Index Joined: Thu Aug 23, 2012 Posts: 12963
Real Name: Jeff
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snozzberries wrote: TechnoWeenie wrote: the courts ruled that, although there were multiple errors, they were due to ignorance, stupidity, and overall incompetence... But, here's the problem. Incompetence is protected by qualified immunity. Yup, they had to prove the act was intentional and with malice. The only legal avenue they had was trying to prove the officers lied. Being fucking idiots wasn't good enough. The same rules that apply to the government should apply to us. This means that ignorance of the law is now a valid defense.
_________________ -Jeff
How can I help you, and/or make you smile, today?
You are entitled to your opinion. You are not entitled to tell me what mine must be.
Do justice. Love mercy.
“I would rather have questions that can't be answered than answers that can't be questioned.” ~ Richard P. Feynman
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Sat Jan 20, 2018 9:53 am |
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TINCANBANDIT
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Location: Mohave Valley Arizona Joined: Fri May 20, 2011 Posts: 13371
Real Name: Casey
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snozzberries wrote: TechnoWeenie wrote: the courts ruled that, although there were multiple errors, they were due to ignorance, stupidity, and overall incompetence... But, here's the problem. Incompetence is protected by qualified immunity. Yup, they had to prove the act was intentional and with malice. The only legal avenue they had was trying to prove the officers lied. Being fucking idiots wasn't good enough. The same rules that apply to the government should apply to us. This means that ignorance of the law is now a valid defense. +10000 if these victims were something other than white, there would be rioting in the streets
_________________Actor portrayal, Action figures sold separately, You must be at least this tall to ride, Individual results may vary, Sales tax not included, All models are over 18 years of age, upon approval of credit, Quantities are limited while supplies last, Some restrictions apply, Not available with other offers, At participating locations only, Void where prohibited, Above terms subject to change without notice, Patent pending.See my blog: http://tincanbandit.blogspot.com/
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Sat Jan 20, 2018 11:21 am |
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Unicorn
Joined: Tue Apr 19, 2011 Posts: 2604
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TechnoWeenie wrote: Selador wrote: Former CIA agents?
I'm surprised that all the LE officers in question haven't been singled out for all kinds of 'difficulties' from unknown sources... Analysts, employees, agents... Who knows what their real title was. They worked for the CIA..lol. That's nothing. Now if they were former IRS auditors those cops would be in a world of shit!
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Tue Jan 23, 2018 11:20 pm |
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