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Thread: Matt Hart incident

  1. #1
    Regular Member usmcbess's Avatar
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    Unhappy Matt Hart incident

    After watching the Matt Hart incident videos and seeing the police use the excuse of exigent circumstances as an excuse to enter his home, search his gun locker, and confiscate his firearms. I decided to look up the meaning of this phrase. Ifound the answer at http://www.lectlaw.com/def/e063.htm . The definition was very startling and made me very unsure of my personal security and that of my property against illegal searches and seizures by police.
    What do you think?

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    Regular Member Superlite27's Avatar
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    IMHO

    I only see two things addressed by "exigent circumstances".

    1) Providing an excuse to enter a dwelling without a warrant. (i.e. Officer believes homeowner may be in danger and cannot grant permission. If I am having a heart attack, I do not want cops to wait for a judge to issue a warrant before they kick the door in and provide first aid.)

    2) Providing an excuse to not announce their affiliation (i.e. "no-knock" warrants where they can be reasonably assured that if they announce their affiliation - "Open up! IT's the police!" the reason for the warrant will be destroyed - flush the pot down the toilet.)

    The link you provided stated that the government cannot manufacture its own exigency (i.e. launch a flash-bang or CS cannister into the house, then enter because of fire, or danger to the homeowner)

    I fail to see how, since Mr. Hart was already in custody, they could use "exigent circumstances" as an excuse to sieze his firearms. How would siezing them prevent bodily harm? He was in custody. I would think it would be impossible to figure out how you can enter a dwelling without a warrant after you have the suspect in custody. Unfortunately, Mr. Hart was plinking out in his yard and the deputies entered his house after putting him in the car.....

    ...then "Oh s#!t! We entered his house without a warrant! We need to come up with some "exigent circumstances"!

    They can plainly be heard discussing "scenarios"!

    "Uh...maybe there's some shooting victims downstairs?"

    "Don't worry. I'll use flowery language when I write this up."

    If this isn't a clear case of the government "manufacturing" its own exigent circumstances, I don't know what is.

  3. #3
    Regular Member cash50's Avatar
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    I tend to think these were overzealous cops as opposed to exigent circumstances.

    Anyone else notice the cops lack of muzzle control when hopping the fence? I'm sure safeties were off and chambers/mags full. It's funny how incompetence is able to show up in so many ways in this video.

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    Obvious 4A violation. Any followup on the story? Has he filed civil suit yet? Have the deputies been fired. I am so angry I can barely type straight...
    "The police power is an attribute of government fundamentally necessary to the public safety, but so easily perverted as to be extremely dangerous to the rights and the liberty of the citizen. Even when properly defined... its enlargement, by continual loose applications of the term to cases where it is neither needed nor appropriate, is a serious menace to personal freedom."
    --Henry Black (Handbook of American Constitutional Law, 4th ed. 1927, p. 370)

    Police did not EXIST here when our country was founded. Of course, the Sheriffs did, which is the problem in this case :/

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    Regular Member Thundar's Avatar
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    Quote Originally Posted by peterarthur View Post
    Obvious 4A violation. Any followup on the story? Has he filed civil suit yet? Have the deputies been fired. I am so angry I can barely type straight...
    "The police power is an attribute of government fundamentally necessary to the public safety, but so easily perverted as to be extremely dangerous to the rights and the liberty of the citizen. Even when properly defined... its enlargement, by continual loose applications of the term to cases where it is neither needed nor appropriate, is a serious menace to personal freedom."
    --Henry Black (Handbook of American Constitutional Law, 4th ed. 1927, p. 370)

    Police did not EXIST here when our country was founded. Of course, the Sheriffs did, which is the problem in this case :/
    Easily perverted being the key point here.
    He wore his gun outside his pants for all the honest world to see. Pancho & Lefty

    The millions of people, armed in the holy cause of liberty, and in such a country as that which we possess, are invincible by any force which our enemy can send against us....There is no retreat but in submission and slavery! ...The war is inevitable–and let it come! I repeat it, Sir, let it come …………. PATRICK HENRY speech 1776

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    Just watched all 3 videos. I am so freaking PISSED off I can't see straight. Nazi Jackboot thugs. They didn't even try to hide what they were doing. I just called (yes, at 1:30 am) the SLO County Sheriff's office to share my outrage about the incident. The smarmy deputy expressed his "shock" that I just heard about it as it had been public for a month now??? Really? His tone insinuated that I was an uninformed idiot. How could this go unnoticed for so long? I let him know that I would be sure to continue to help the vids go viral and that alot of Americans were watching and that they needed to fix this real soon. Maybe they already did but I could find no evidence of this. Freaking goose-stepping criminals...

    Yeah, I'm still pissed...

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    Where are these video's at?

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    Quote Originally Posted by Jim40Cal View Post
    Where are these video's at?
    http://www.youtube.com/user/StrivingForSurvival
    Part 1-3

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    Thanks for the Video. Thats incredable what leo will do.

  10. #10
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    Quote Originally Posted by usmcbess View Post
    SNIP The definition was very startling and made me very unsure of my personal security and that of my property against illegal searches and seizures by police. What do you think?
    As much as I love the topic, it is off-topic for this forum, except in the very narrowest sense as applied to OC, or illegal home and car searches that might result in gun seizures.

    Check this blog www.fourthamendment.com for daily updates about the government assault on the 4th Amendment.

    Google "Dr. Roger Roots" for his papers on it, especially his paper titled something like, "Are Cops Constitutional?" Don't get too wrapped up in the title. Follow the deterioration of the 4th Amendment.
    Last edited by Citizen; 07-23-2010 at 12:08 AM.

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