Florida Police obtain warrant to search "all persons" in apartment complex

[rambone]

Apparently in Florida, if you live in a bad neighborhood you don't deserve rights. Legal precedent has been set that allows law enforcers to stop, search, and detain anybody setting foot on the grounds of the apartment complex that the warrant covers. Nevermind that dozens or hundreds of innocent people are covered by that overreaching warrant.

I'll be looking for a follow-up piece that covers the Peace Officers who refused to execute illegal orders and stood by their oath. Surely the good apples will make their presence known and reassure us that our freedoms are safe when good men stand up against injustice. Let me know if anyone finds it before me.


Florida Police Obtain Warrant to Search "All Persons" in Apartment Complex

 

[E5RANGER375]

the judge should be locked up who issued it.

 

[Pocketman]

Be interesting to see where there goes under appeals.

 

[Fargo]

I really doubt this warrant will survive legal scrutiny if it is as described in the article. I dunno about the FL constitution but the 4th Amendment has a particularity clause to prevent just this sort of thing:

...particularly describing the place to be searched, and the persons or things to be seized.

There also appears to be substantial defect in the evidence necessary to support probable cause here.

Rambone, What "precedent" has been set here? I know of know appellate law which allows this.

Best,


Joe

 

[JDonhardt]

The government has the right to do whatever it wants. If you dont like the term "right", use "power" instead. They dont care about you or your rights. Time to accept it and move on with your lives.

 

[rambone]

Rambone, What "precedent" has been set here? I know of know appellate law which allows this.

Maybe that's the wrong term for this. The article did say that it had never been done before.

Lets all hope this gets swiftly struck down... and patriots refuse to enforce it.

 

[Benny]

Well, let's just hope this gets swiftly struck down...I doubt too many "patriots" are going to risk losing their job by refusing to enforce this asinine law, but I think you already know this and are subtly looking for a rise out of certain members.

 

[JDonhardt]

Well, let's just hope this gets swiftly struck down...I doubt too many "patriots" are going to risk losing their job by refusing to enforce this asinine law, but I think you already know this and are subtly looking for a rise out of certain members.

Cops love enforcing laws. Thats their whole thing - punishing people for breaking laws, being an authority figure and whatnot. Something being constitutional or not is irrelevent.

 

[Benny]

Cops love enforcing laws. Thats their whole thing - punishing people for breaking laws, being an authority figure and whatnot. Something being constitutional or not is irrelevent.

While I think the word "love" is subjective, you are right; law enforcement officers do enforce laws.

 

[lashicoN]

Why not issue one for the entire state of Florida? lol It's equally constitutional. That would take care of a lot of headaches for police and the state against those uppity Americans who think they have any rights.

 

[Lobo]

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[level.eleven]

Do you feel that police officers should be able to determine what is constitutional or not, and enforce the law based on their beliefs, rather than relying on statutes, law, and judicial review?

(BTW, I'm in agreement that this sounds unconstitutional, and will probably not survive scrutiny upon appeal. Judges do some stupid things sometimes)

No, but something needs to be in place to make people whole who get caught up in something later deemed to be unconstitutional. The spirit of law enforcement and our justice system isn't to push the constitutional envelope and have a judge rule on it years later. This even more of an issue in the for profit industry known as the War on Drugs.

 

[Kirk Freeman]

"It's an overreaching warrant," said Paul Hudson, a defense attorney for one of the men searched outside the Mediterranean Apartments. "Just being in the area where the warrant is served is not enough evidence that someone is involved in a crime."

Great, just what we need, another bleeding-heart liberal.

 

[Kirk Freeman]

Ummm, I think we just file a notice of appeal to the Florida Court of Appeals.

 

[Fargo]

Do you feel that police officers should be able to determine what is constitutional or not, and enforce the law based on their beliefs, rather than relying on statutes, law, and judicial review?

(BTW, I'm in agreement that this sounds unconstitutional, and will probably not survive scrutiny upon appeal. Judges do some stupid things sometimes)

Ah, but in certain circumstances the law obliges cops to make their own determinations above a beyond convincing a judge. United States v. Leon, 468 U.S. 897 (1984) and its many progeny require LEO's to have a reasonable belief that PC exists even after a warrant issues. This line of cases have also been adopted by the Indiana courts.

This warrant looks very fishy on its face and I doubt that any "good faith" exception is going to be available on it because it was so facially defective.*

Best,

Joe

*assuming it is as reported

 

[rambone]

Do you feel that police officers should be able to determine what is constitutional or not, and enforce the law based on their beliefs, rather than relying on statutes, law, and judicial review?

(BTW, I'm in agreement that this sounds unconstitutional, and will probably not survive scrutiny upon appeal. Judges do some stupid things sometimes)

Basically, yes.

Last I checked, all 3 branches of government swear oaths to uphold the constitution. That includes the Executive Branch (police). All 3 branches need to operate within the constitution, keeping us safeguarded from tyranny. When the Congress is filled with statist control freaks, and the Courts are filled with progressive anti-constitutionalists, then our last hope that police will obey their oaths and choose to not enforce blatant tyranny against the people.

If the Executive Branch just mindlessly follows orders, the safeguard has fallen and tyranny will reign.

What is the point of swearing an oath to something if you aren't going to apply it to your job?

Would you enforce laws that were unconstitutional in your conscience?

Is your job more important than protecting what our forefathers fought and died for?

Have you heard of Oathkeepers? It is filled with people who believe they have the duty to obey the constitution, even when the rest of the government isn't.

 

[JDonhardt]

Do you feel that police officers should be able to determine what is constitutional or not, and enforce the law based on their beliefs, rather than relying on statutes, law, and judicial review?

(BTW, I'm in agreement that this sounds unconstitutional, and will probably not survive scrutiny upon appeal. Judges do some stupid things sometimes)

Personally, I'm not even sure I believe there should be police officers at all - or a government that tells people what they can and cant do, etc. And I definitely do not believe that most of the things that are illegal should be illegal. Possession crimes and such tend to be where these "unconstitutional" type warrents show up.

A frame of mind that assumes the necessity of the constitution and a government that enforces rules is the root of the problem, if you ask me.

My "solution" is impossible, I know.

 

[Lobo]

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[Lobo]

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[Lobo]

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