Cop tells guy to drop his book bag - then searches it -- no good

davidmcbeth · Dec 25, 2015

http://www.5dca.org/Opinions/Opin2015/121415/5D14-2434.op.pdf

What's sad is that an idiot judge actually found the search to be OK and forced the guy to appeal.

Judges should be fired if their decisions are found to be wrong.

If you made decisions in your job performance that were wrong you may very well be fired, right?

F350 · Dec 25, 2015

Just like the criminal "3 strikes and you're out" laws, after a certain number of reversals a judge should be removed from the bench.

davidmcbeth · Dec 25, 2015

F350 said:
Just like the criminal "3 strikes and you're out" laws, after a certain number of reversals a judge should be removed from the bench.

I think that the number should be: one

here, he cost this guy thousands and thousands of dollars ... if they want immunity from civil money suits there should be something in return (right now ~ its nothing).

rightwinglibertarian · Dec 25, 2015

K.W., a minor, appeals the trial court's denial of his motion to suppress the
evidence discovered in his book bag during a warrantless search conducted by Deputy
Sheriff Garner........The State contends that Appellant gave nonverbal consent by stepping
back from the bag, looking around and away from the deputies, and giving what was
described as "kind of a shrug."

Well thats horse manure. Of course a kid is gonna be scared of a cop who demands he do something. He's not likely been trained to ignore unlawful commands, nor was videoing. he was essentially a victim. More so because he would not have been carrying and would believe the putrid stench of propaganda that claims it is 'unlawful' to do so. NEVER consent to a search without demanding probable cause or a warrant. The result was a minor was assaulted (illegally 'arrested') probably kidnapped (taken to a police station against his will) and subjected to further harassment.

Qualified immunity, the way it stands now is a curse and a scourge on this country and freedom in general.

WalkingWolf · Dec 25, 2015

If a law is broken there should be no quarter, no matter how the person is dressed, or state employed. The judge erred and should be at the very least censured, the officers should be charged with a crime. Until officers are held criminally responsible these abuses will continue whether the courts correct them, or not. The honor needs to be returned to the job of being a police officer. I have no doubt they knew the search was illegal, they just decided to stretch the truth. I have no doubt the judge knew the search was illegal, IMO he should be removed from the bench.

color of law · Dec 25, 2015

I agree with all.

The deputies determined that the exposure complaint was unwarranted. However, at the request of the property manager, Deputy Garner issued a trespass warning to Appellant. Garner then told Appellant that he must leave the property.

The complaint was unwarranted. Again, the complaint was unwarranted.

Property manager, in that the complaint was unwarranted I will not issue a trespassing warning. Property manager, I have told the young man verbally to stay off the property. Property manager, my report will indicate that the complaint was unwarranted. Property manager, I must inform you that making unwarranted complaints is a crime. Property manager, do you understand me?

F350 · Dec 26, 2015

davidmcbeth said:
I think that the number should be: one

here, he cost this guy thousands and thousands of dollars ... if they want immunity from civil money suits there should be something in return (right now ~ its nothing).

Anyone can make A mistake, but a pattern say, 3 in 5 years should the limit; under this standard the entire 9th circus would be removed.

davidmcbeth · Dec 26, 2015

F350 said:
Anyone can make A mistake, but a pattern say, 3 in 5 years should the limit; under this standard the entire 9th circus would be removed.

So why wait ?

F350 · Dec 26, 2015

davidmcbeth said:
So why wait ?

I guess you've never made a mistake.

Or are you talking about the 9th circus??

color of law · Dec 26, 2015

F350 said:
I guess you've never made a mistake.

Or are you talking about the 9th circus??

OCDO members get a stack of "get out of jail free" cards. [Strike]Only Grape gets to collect the $200 under the table when necessary.[/strike]

Citizen · Dec 27, 2015

F350 said:
Anyone can make A mistake, but a pattern say, 3 in 5 years should the limit; under this standard the entire 9th circus would be removed.

I saw what you did there.

Whitney · Dec 27, 2015

Filing Complaints

Every state has a method to initiate a complaint against sitting judges.

How Judges Are Disciplined for Misconduct (Florida)

Simple complaint form.

Remember, these folks are voted to public office.

AN AID TO UNDERSTANDING CANON 7
Prepared by the Judicial Ethics Advisory Committee and published by
the Office of the State Courts Administrator Tallahassee, Florida

Guidelines to Assist Judicial Candidates in Campaign and Political Activities

INTRODUCTION

History of the Code of Judicial Conduct Related to Canon 7

Florida’s Code of Judicial Conduct establishes standards for ethical behavior of judges.

However, it is not intended as an exhaustive guide for all conduct of judges. Judges should also be governed in their judicial and personal conduct by general ethical standards.

The preamble, summarizing the role of the American judiciary, states:
Our legal system is based on the principle that an independent, fair and competent judiciary will interpret and apply the laws that govern us. The role of the judiciary is central to American concepts of justice and the rule of law. Intrinsic to all sections of this Code are the precepts that judges, individually and collectively, must respect and honor the judicial office as a public trust and strive to enhance and maintain confidence in our legal system. The judge is an arbiter of facts and law for the resolution of disputes and a highly visible symbol of government under the rule of law.

~Whitney

Citizen · Dec 27, 2015

Whitney said:
SNIP Every state has a method to initiate a complaint against sitting judges.

It occurs to me that you might be onto something.

If the word spread far and wide, lots of pro-liberty people could be mobilized to use such channel against judges and court opinions.

Remember well that the First Amendment guarantees your right to complain. It is the last clause of the First Amendment--the right to petition for redress of grievance. What is a grievance? A complaint. Same thing. A complaint about a judge is a grievance. Asking for the judge, decision, or case law to be set right is a petition for redress of grievance.

Bury them under petitions for redress of grievance. If nothing else, they will conclude people are paying attention.

KBCraig · Dec 30, 2015

F350 said:
Just like the criminal "3 strikes and you're out" laws, after a certain number of reversals a judge should be removed from the bench.

The Senate would be in permanent session just to confirm new judges for the 9th Circuit.

countryclubjoe · Jan 2, 2016

davidmcbeth said:
http://www.5dca.org/Opinions/Opin2015/121415/5D14-2434.op.pdf

What's sad is that an idiot judge actually found the search to be OK and forced the guy to appeal.

Judges should be fired if their decisions are found to be wrong.

If you made decisions in your job performance that were wrong you may very well be fired, right?

The idiot judge is a disgrace to the court, apparently the judge never heard of the 4th amendment.
Regards.
CCJ

Cop tells guy to drop his book bag - then searches it -- no good

davidmcbeth

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F350

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davidmcbeth

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rightwinglibertarian

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WalkingWolf

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color of law

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F350

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davidmcbeth

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F350

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color of law

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Citizen

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Whitney

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Citizen

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KBCraig

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countryclubjoe

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