Doug Huffman wrote:This drives me crazy! WTF?! My own dramatization appears below.<snip>
The city of Gaithersburg and its police countered that the warrantless search and seizure were constitutional because of the compelling need to protect the public from the possibility that Mora had planted a bomb or had an accomplice inside his apartment. The U.S. District Court agreed with the city, prompting Mora’s appeal.
The 4th Circuit affirmed, saying the state’s interest in protecting public safety trumped Mora’s constitutional claim that the police needed a warrant before searching his home and seizing his property.
LEO: "Judge, the man was talking about a topic that presented a danger to the public safety. He was saying that 'guns should be legal', which is just nonsense. If guns were legal, we'd have gun violence in Maryland!"
JUDGE: "That's correct. His statements were so dangerous, it trumped his constitutional right to freedom of speech and he should have known Maryland would strip him of his constitutional rights and, so by disobeying your lawful order to stop talking, you were justified in using deadly force."
LEO: "Judge, I believed this guy was a danger to public safety."
LEO: "I thought he had a gun."
JUDGE: "Did he?"
LEO: "He said he didn't. But I didn't believe him because he didn't want to talk to me and was avoiding my questions. So I searched him."
JUDGE: "Did he consent to your search?"
LEO: "No, but because I believed he represented a danger to public safety, I seeked to diffuse the situation."
JUDGE: "You were right to search him. If you believed he was dangerous, he didn't have any rights, at least here in Maryland. Did you find his gun?"
LEO: "No, he didn't have a gun. But he didn't have ID either. So I arrested him for failing to identify himself."
JUDGE: "He doesn't have to identify himself if he's just walking down the street."
LEO: "Yes, but why would a resident of Maryland not carry their papers? They must be up to no good. Otherwise, why resist my questioning?"
JUDGE: "You're right. I have enough information. DEFENDANT IS GUILTY of living in Maryland and thinking the US Constitution protects you."