Inclusion in Texas Gang Membership Database Limits Gun Rights, Might Violate Due Process. E. Volokh

[Doug_Nightmare]

Inclusion in Texas Gang Membership Database Limits Gun Rights, Might Violate Due Process

From Apodaca-Fisk v. Allen, decided Monday by Judge Dadvid C. Guaderrama (W.D. Tex.): The following facts derive from Plaintiff's [Complaint]…

reason.com

https://reason.com/wp-content/uploads/2020/01/ApodacaFiskOpinion.pdf

 

[OC for ME]

Guilt by association...or, approximate location. This case reinforces the fact that the cops' use of "high crime area", with the blessings of the court, are specious and clearly unconstitutional when claimed as justification for a cop to violate a citizen's individual liberties.

 

[solus]

sorry...i'm concerned with the title's use of the word

might​

to this lay person...the concept was intended to and already has violated due process ~ shades of "1984"

 

[OC for ME]

"Might" is the correct term and is used correctly if after discover a judge sides with the plaintiff...we ain't there yet. But, the reviewing courts ruling will (should) set the tone for the court overseeing the discovery phase.

The guy go screwed and everyone, even cops, know it, but cops don't care, they will violate your individual liberties at the drop of a hat.

 

[solus]

nawll "might" usage is incorrect as the verbiage should read DID or WILL violate citizen's due process[es]

 

[color of law]

Black's Law Dictionary - 6th.
Might, v. The past tense of the word "may". Equivalent to "had power" or "was possible" or "have the physical or moral opportunity to be contingently possible."

Read the "MEMORANDUM OPINION AND ORDER" and you will see that the court uses the term "may" extensively.

https://reason.com/wp-content/uploads/2020/01/ApodacaFiskOpinion.pdf

 

[Ghost1958]

Freedom of association.