GOVEROTRAGEOUS: Doyou have a right to be free of searches without a warrant?

Friday, November 30, 2018

https://theappeal.org/man-convicted-of-obstruction-for-refusing-to-open-his-door-for-police/

MAN CONVICTED OF OBSTRUCTION FOR REFUSING TO OPEN HIS DOOR FOR POLICE
Levi Pulkkinen   — Oct 17, 2018

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If his conviction stands, it could criminalize people who refuse to do things like unlock their phones or garages at police request.

Shouting voices coming from an apartment building broke the suburban quiet in the early hours of March 1, 2016.

A man walking past called officers to the Seattle-area apartment, reporting a loud argument. The yelling had stopped when police arrived outside Solomon McLemore’s Shoreline home, but was replaced by amplified demands from police that McLemore come out or let them in. As the incident stretched on, frustrations grew.

“Open the fucking door,” one officer demanded during the 15-minute exchange.

McLemore declined and stood by as police, having heard glass shatter inside the home, broke down the door. No one inside was hurt. But McLemore was arrested on suspicion of obstruction of a law enforcement officer for failing to open his home to police. He was convicted as charged on Sept. 29, 2016, following a three-day jury trial. Sentenced to 20 days under house arrest, McLemore began a series of appeals that landed his case in the Washington Supreme Court, which is expected to hear oral arguments Thursday.

If McLemore’s conviction stands, Washington would most likely be the only state to criminalize the refusal to assist police in a warrantless search.

*** and ***

Iannotti and the ACLU contend the framework put forward by prosecutors could lay the groundwork for obstruction charges against people who refuse to do things like unlock their phones or garages at police request. It makes it dangerous for residents to stand up for their rights.

“You have a right to be free of searches without a warrant,” Iannotti said. “A person shouldn’t be penalized for exercising that right.”

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I wonder how this went.  If badly, I hope it gets appealed to the Supremes.

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RANT: Wheel of Misfortune; never speak to the police

Thursday, July 18, 2013

http://www.crimefilenews.com/2013/07/george-zimmerman-acquittal-reflections.html

Sunday, July 14, 2013
George Zimmerman Acquittal Reflections and Lessons Learned

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Sanford, FL–This sad case began with a tragedy. Travon Martin was a troubled lad who made terrible choices. The data recovered from his cell phone and was later unlawfully hidden from George Zmmerman’s defense lawyers by prosecutors showed that Martin was heavily involved with illegal guns, drugs and fighting.

Judge Debra Nelson later ruled that cell phone evidence inadmissible and that was not at all unusual in our courts. It may seem unfair to some but that’s what they normally do.

As for Martin he apparently had personal issues with what he called, “crappy assed crackers” and was the one actually profiling Zimmerman clearly by race. To me it’s logical and believable that Martin caused his own death by assaulting Zimmerman. However we all must recognize that there are no witnesses or video to establish this fact with absolute 100% certainty.

We must not never lose sight of is the fact that we don’t require accused people to prove their innocence and that burden is the government’s to prove that self-defense was not somehow necessary. In the Zimmerman case both the government and media led us astray in that regard.

What is certain are the injuries to Zimmerman obviously inflicted by the stronger and faster, Travon Martin. They’re not serious injuries but they clearly substantiate an attack by an aggressor. The police carefully investigated the case and there was simply no probable cause to arrest Zimmerman.

Zimmerman could have avoided his horrible and expensive ride on the Wheel of Misfortune by simply asking for a lawyer rather than cooperating and answering every question put to him by the cops.
The cops were fair and also the first set of prosecutors however; a special prosecutor shanghaied the case. In the end the only evidence they had was Zimmerman’s admission that he shot Martin. His verbal claim to police of self-defense became a confession they used to file the case!

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Continued advice is: “Invoke your Fifth Amendment right and then shut up”.

Argh!

The average citizen has no friends, but his lawyer.

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POLITICAL: Camden politicians and bureaucrats abdicate?

Sunday, September 2, 2012

http://www.foxnews.com/politics/2012/08/24/camden-nj-to-reboot-police-department-by-new-year

Gritty N.J. city of Camden to scrap police department amid budget woes
By Perry Chiaramonte
Published August 26, 2012
FoxNews.com

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Crime-ridden Camden, New Jersey – often referred to as the most dangerous city in the United States—is getting rid of its police department.

In the latest example of a cash-strapped municipality taking drastic measures to deal with swollen public sector liabilities and shrinking budgets, the city plans to disband its 460-member police department and replace it with a non-union “Metro Division” of the Camden County Police. Backers of the plan say it will save millions of dollars for taxpayers while ensuring public safety, but police unions say it is simply a way to get out of collective bargaining with the men and women in blue.

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There are few, some would say if any, valid Gooferment functions. A citizen exchanges their loyalty for the protection of the group. Police protection is the the platinum “service” that the Gooferment fails to provide. If it doesn’t do that, why have it.

The argument can be made that a citizen can buy protection service more cheaply from “the Mob” that is much more effective. I remember in the Fifties, one NEVER heard of an old lady being mugged or a store being shoplifted. One did hear of from time to time of a ne’er-do-well tripping on the apocryphal sidewalk crack and spending several weeks in hospital and several months learning to walk again. Those sidewalk cracks are very dangerous. I was give also to understand that members of the local Italian American Club rush to the poor unfortunate’s aid and whisked him to the doctor by way of a small clearing in the Inwood Park informally call “You disrespect my neighborhood; you disrespect me?”.

Ahhh, so here we have the politicians and bureaucrats, having robbed the good taxpayers of everything they have, cuts the one essential service. How about if every one of the politicians and bureaucrats on the public’s dole, gets cut to minimum wage?

Defined benefit pensions are the dodo of the financial world. Time to correct this abuse. Welcome to the 401k world.

A brave new world financially.

Argh!

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