Ninth Circuit Court of Appeals ruled it was “not obvious” that theft by cop would violate their Fourth Amendment rights. Writing for a unanimous court, Judge Milan Smith held that even if police officers did steal (an allegation they repeatedly denied), the two men “did not have a clearly established Fourth or Fourteenth Amendment right to be free from the theft of property seized pursuant to a warrant.”
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Ninth Circuit Court of Appeals ruled it was “not obvious” that theft by cop would violate their Fourth Amendment rights. Writing for a unanimous court, Judge Milan Smith held that even if police officers did steal (an allegation they repeatedly denied), the two men “did not have a clearly established Fourth or Fourteenth Amendment right to be free from the theft of property seized pursuant to a warrant.”
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
We are fucked.
Yep. Apparently a reasonable search and seizure allows subsequent government theft.
I didn’t see anything about whether the cops were prosecuted for theft, or even if they lost their jobs.
Too much politics in your legal system.
Particularly in the way you choose your Supreme Court judges.
For legal reasons, we are not threatening to destroy U.S. government property with our glorious medieval siege engine. But if we wanted to, we could. But we won’t. But we could.
DBTrek wrote: Thu Mar 28, 2019 12:09 pm
So the social power structure in California is apparently:
1. Non-citizens
2. Police
3. Homosexuals
4. Everyone else
Well, we wanted each state to be its own laboratory . . . there you go.
/shrug
ICE is always top dog. They can search and seize anyone on your list.
