Saturday, August 19, 2017

Government is not your friend

Here is a link to an Appellate Court decision that provides useful perspective about law enforcement and the Courts, i.e., Government.

Law enforcement is rewarded for arrests, with predictable results.  Courts are not there to protect law enforcement - but sometimes do.

The sad part about this case is that the particular law enforcement personnel who misbehaved so badly still, presumably, have their jobs.

Read the whole thing.

Here is an excerpt.
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Law-abiding tea drinkers and gardeners beware: One visit to a garden store and
some loose tea leaves in your trash may subject you to an early-morning, SWAT-style
raid, complete with battering ram, bulletproof vests, and assault rifles. Perhaps the
officers will intentionally conduct the terrifying raid while your children are home, and
keep the entire family under armed guard for two and a half hours while concerned
residents of your quiet, family-oriented neighborhood wonder what nefarious crime you
have committed. This is neither hyperbole nor metaphor—it is precisely what happened
to the Harte family in the case before us on appeal.

“[W]hen it comes to the Fourth Amendment, the home is first among equals. At
the Amendment’s very core stands the right of a man to retreat into his own home and
there be free from unreasonable governmental intrusion.” Florida v. Jardines, 133 S. Ct.
1409, 1414 (2013) (quotations omitted). The defendants in this case caused an
unjustified governmental intrusion into the Hartes’ home based on nothing more than
junk science, an incompetent investigation, and a publicity stunt. The Fourth
Amendment does not condone this conduct, and neither can I.

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