Archive for the ‘Fourth Amendment’ Category

Letter to the editor: Gun measures are ‘anti-American’ – New Haven Register

Anti-American congressional members, of both parties, have proven again that they are the people the Founding Fathers warned us against.

Specifically, the proposed bribing of states to arbitrarily strip citizens Second Amendment rights also obliterates the due process clause and the Fourth Amendment.

Concerned parents are officially labeled domestic terrorists for exercising their First Amendment rights through speaking against school boards, so its no stretch to believe Second Amendment rights will be stripped for opposing other leftist agenda items.

One can easily expect to see similar bribes for illegal alien sanctuary, fully-centralized zoning laws, radical education policies, voting rules, forced unionization, etc. Noncompliance will strip federal taxpayer funds.

These Democrats and RINOs wont stop until they achieve absolute power over all Americans. They state their efforts are just an important first step. When will patriotic Americans start taking these authoritarians at their word and hold them fully accountable for their intentional destruction of our constitutional republic?

Steve Bristol

Clinton

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Letter to the editor: Gun measures are 'anti-American' - New Haven Register

LaGrange Police Illegally Arrest Grandmother Over Phone [Video] – atlantadailyworld

LaGrange Police Illegally Arrest Grandmother Over Phone

Police claim they dont need a warrant to seize property

The City of Lagrange is looking at a potential lawsuit after officers with the LaGrange Police Department arrested local nursing assistant Sharatha Dozier when she exercised Fourth Amendment rights by requesting a warrant before she would turn her mobile phone over to the officers.

The incident occurred on Sunday, June 12, when Dozier, a 47-year-old black woman, went to the LaGrange Police Department to check on her grandson. While waiting for information, officers gave her an iPhone taken from her grandson when hed been arrested. Soon, the police officers told Dozier to turn the phone back over to them, threatening to arrest her for obstruction of justice if she refused. Thats when Dozier took out her other phone and started broadcasting the encounter on social media.

Ms. Dozier didnt break into police headquarters and steal evidence. The phone wasnt locked up in some evidence locker, They gave it to her. Then, because she had the audacity to exercise her rights, they locked her up, said Doziers attorney, Harry Daniels. Thats not the way it works, otherwise none of us would be safe.

Police are there to protect and serve no to bully and steal.

On the video, seen by more than 8,000 viewers on Facebook Live, Dozier can be clearly heard telling officers the she is not refusing to turn over the phone, but simply asking officers to follow the law which requires a warrant.

Im not being detained. I havent committed any crime at all, Dozier says on the video. Im not refusing to give yall the phone. Lets just do it the right way. Get a warrant. Thats all Im saying.

Claiming they didnt need a warrant, officers then tried to prevent Dozier from leaving the police department by threatening to arrest her if she did.

After further discussion in which Dozier made it clear that she needed to leave and go to work, the officers walked Dozier to exit while repeating their threats and, as soon as she walked through the door, placed her under arrest injuring her wrist in the process.

Click to HERE to view the video.

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LaGrange Police Illegally Arrest Grandmother Over Phone [Video] - atlantadailyworld

Charges dismissed against Suring administrator for search where students had to remove clothes – Wisconsin Public Radio

The charges have been dropped against the Suring school district administrator who had students stripped to their underwear in a January search.

Suring School administrator Kelly Casper confined six students to a restroom off the school nurses office to be searched on Jan. 18. The district attorney initially didnt file charges because he said the search did not meet Wisconsins legal definition of a strip search, but later charged Casper with six counts of false imprisonment.

A judge dismissed the charges against Casper on Tuesday, saying there were insufficient facts to support the claim that Casper had falsely imprisoned the six girls. Casper was placed on paid administrative leave in March.

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Casper kept the six girls, then ages 14 to 17, in a restroom off the school nurses office and had them strip to their underwear to be checked for vaping cartridges. The search turned up two cartridges, and another girl admitted to having a vape on her, according to the Green Bay Press Gazette.

The families of several girls hired civil rights attorney Jeff Scott Olson earlier this year. He told Wisconsin Public Radio in March that, regardless of the outcome of the now-dismissed criminal charges, he planned to move ahead with a civil suit over what he says is a violation of the girls Fourth Amendment right against unlawful search and seizure.

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Charges dismissed against Suring administrator for search where students had to remove clothes - Wisconsin Public Radio

The Gun Control Legislation Will Strip You Of Rights Then Bankrupt You To Get Them Back – Daily Caller

Some Americans may have to pay a pretty penny to have their constitutional right to bear arms restored after a group of bipartisan senators introduced gun control legislation that does not include a government-provided lawyer, should a state enforce red flag laws.

The legislation, which the Senate voted to advance Tuesday night, reads in part the right to be represented by counsel at no expense to the government.

In simpler terms, individuals who have their firearm confiscated by officials under these red flag laws may have a lawyer, so long as they can afford to pay for it themselves.

The requirement for a red flag law to receive funding includes a provision requiring legal representation for the accused but does not require the government to pay for it, firearms expert and founder at The Reload Stephen Gutowski told the Daily Caller. (RELATED: Republicans, Independents Fear Red Flag Laws Will Be Abused By Government, Poll)

The government only provides a lawyer in criminal cases but not civil cases, explained Sen. John Cornyns press secretary Natalie Yezbick. The language was explicitly included asstates do not guarantee the right to an attorney in civil cases, Yezbick told the Daily Caller.

Drew Brandewie, director of communications for Cornyn, told the Daily Caller that including the aforementioned language is a way to ensure there is rigorous due process as not all states currently give individuals the right to a lawyer in civil cases.

Benjamin Hyun Sanderson of Gun Owners of America said the provision would bankrupt gun owners in a statement to the Daily Caller.

Because these cases would be tried under a Civil Court, there is no right to counsel as found in criminal procedures. This would ensure that gun owners would be forced to hire a lawyer during a Red Flag Law Gun Confiscation Trial, Sanderson said. This is an ultimatum forcing gun owners to either accept a guilty verdict and lose their 2nd Amendment Rights or go bankrupt from all the legal fees.

The inherent lack of due process should be appalling to all Americans.

Individuals would not be forced under the legislation to hire an attorney, but the option would now be available.

The Senate voted 64-34 Tuesday to start debate on a bipartisan gun control package that includes $750 million to help states implement, in part, extreme risk protection order programs, also known as red flag laws. These laws allow a court to confiscate a firearm from an individual who is believed to pose a violent threat.

The laws have faced stark criticism with some, including Daily Caller co-founder and Fox News host Tucker Carlson calling them unconstitutional.

If you can seize peoples guns without proving that they committed a crime why cant you imprison them without proving that they committed a crime? If you can take their guns, why cant you take their homes? Why cant you empty their bank accounts? Carlson asked.

He then citedthe Supreme Court case of Canglia v. Strom, in which the court ruled seizing a citizens gun violates search and seizure rights protected under the Fourth Amendment. Carlson said the laws will be enforced through political lines and disproportionately affect those with the wrong political beliefs.

Republican Florida Rep. Matt Gaetz said, Republican Senators who voted to back Red Flag Laws are traitors to the Constitution and our country.

The House Freedom Caucus said they oppose any legislation that implements red flag laws and other unconstitutional gun control provisions.

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The Gun Control Legislation Will Strip You Of Rights Then Bankrupt You To Get Them Back - Daily Caller

8th Circ. Tosses 4th Amendment Claim In Atty Shoving Suit – Law360

By Nicole Rosenthal (June 17, 2022, 4:59 PM EDT) -- The Eighth Circuit has overturned a Missouri district court's denial of qualified immunity to an Immigration and Customs Enforcement officer who allegedly pushed and injured an immigration attorney, saying the push did not qualify as a seizure violating the Fourth Amendment.

A three-judge panel ruled Thursday that the lower court used an incorrect definition of "seizure" to conclude that ICE officer Ronnet Sasse "seized" Andrea Martinez and allegedly shoved her to the ground as she tried to enter an ICE facility. Martinez says she sustained a fractured foot, a concussion, bleeding and torn pants.

Leaning on the U.S. Supreme Court's definition...

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8th Circ. Tosses 4th Amendment Claim In Atty Shoving Suit - Law360