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  1. #1
    jmur5074's Avatar
    jmur5074 is offline Moderator
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    9th Circuit Court fumbles the snap

    This article may be a little old, but I just read it for the first time today.


    The 9th Circuit Court of Appeal continues its quest to be the least respected group of jurists in theUnited States with another decision worthy of ridicule. It recently ruled that police officers violated the 4th Amendment (Fisher v. City of San Jose) by not getting an arrest warrant before taking into custody a heavily armed and drunk suspect following a 12 hour standoff.

    On October 23, 1999, Steven Fisher bought two 12 packs of beer and settled in at home, cleaning his 18 gun collection A security guard at the apartment called police when he felt Fisher's behavior became menacing
    Officers surrounded his apartment and attempted to get Fisher to surrender. Fisher was mostly unresponsive, but did insist on talking about his Second Amendment rights.

    He told the negotiator he would shoot her if she came into his apartment, and was seen pointing his rifle at surrounding officers. The apartment complex was evacuated, with one neighbor fleeing via a hole in cut into her apartment wall so she wouldn't have to come within rifle range of Fisher.

    An all day effort to get Fisher out to give up included the throwing in of tear gas and flash bang grenades into the house. None had any effect. When Fisher finally emerged hours later, he had to be subdued with rubber bullets.
    Sounds like a successful and peaceful resolution to a tense and dangerous situation.

    Well, not according to Fisher, who sued claiming his civil rights were violated.

    After an eight day jury trial, the jury wasted no time in telling Mr. Fisher to get lost, finding the officers did nothing wrong. The trial judge, however, reversed the jury verdict, ruling the cops violated the Fourth Amendment by not getting a warrant for Fisher's arrest.

    Incredibly, the 9th Circuit agreed, holding the arrest illegal. In short, the 9th Circuit believes that officers in a prolonged standoff with a gun toting drunk threatening to kill officers need to ask a court if there is probable cause for an arrest.

    The Constitution clearly does not require officers to get an arrest warrant for an armed, intoxicated and barricaded suspect who is threatening the lives of everybody within range of his guns. This ruling defies common sense and well established constitutional practice.

    The 9th Circuit has been reversed so many times by the Supreme Court, it has been suggested two Supreme Court dockets are needed: one to reverse the 9th Circuit; and another to hear all other cases. Hopefully, this case will be added to the long list of those finding that the 9th Circuit got it completely wrong.

    Hank Hernandez is general counsel for the Los Angeles Police Protective League. Formed in 1922, the Los Angeles Police Protective League (LAPPL) represents the more than 9,000 dedicated and professional sworn members of the Los Angeles Police Department. The LAPPL serves to advance the interests of LAPD officers through legislative and legal advocacy, political action and education. The LAPPL can be found on the Web at www.LAPD.com.

    http://www.apbweb.com/news/court-rul...is-a-joke.html
    No one has greater love than this, to lay down ones life for ones friends - John 15:13

    "The Wicked Flee When No Man Pursueth: But The Righteous Are Bold As A Lion".

    We lucky few, we band of brothers. For he who today sheds his blood with me shall be my brother.

    ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~
    The opinions, beliefs, and ideas expressed in this post are mine, and mine alone. They are NOT the opinions, beliefs, ideas, or policies of my Agency, Police Chief, City Council, or any member of my department.

  2. #2
    BigDawg's Avatar
    BigDawg is offline K-9 Officer
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    Wow fuc**ng amazing......I mean really now.
    "An Unarmed man can only flee from evil, and evil is not overcome by fleeing from it." Jeff Cooper


    Some people are meant to be the police......Some people are meant to call the police!!!

    "Socialism only works in two places: Heaven where they don't need it and hell where they already have it."
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    (author unknown)


    The statements posted by BigDawg DO NOT reflect the opinions, views, policies, or procedures of the author's employing agency. These statements are the personal opinions of BigDawg only, thereby releasing my agency of any liability, or involvement in anything posted under the user name of BigDawg. The opinions expressed by BigDawg are protected by the 1st Amendment of the U.S. Constitution. BigDawg’s messages are intended to invoke thought and discussion among the "Officer Resources" forum community and may not necessarily reflect the opinion of the author. BigDawg’s posts and any attachments are intended for an adult audience (18+) and may contain strong language, sexual content, nudity, violence, and may be graphic in nature. Some material may be considered offensive; reader discretion is advised. Please note that many of BigDawg’s posts are intended for entertainment value only. BigDawg’s posts are not intended to be used where prohibited by law. Furthermore, BigDawg's posts, and any attachments, may contain information covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521, and is confidential and proprietary in nature. If you are not the intended recipient, please be advised that you are legally prohibited from retaining, using, copying, distributing, or otherwise disclosing this information in any manner.

  3. #3
    JAYBIRD33081's Avatar
    JAYBIRD33081 is offline CAT: THE OTHER WHITE MEAT
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    thats the crazy.. the guy was armed drunk and threating to kill ppl and they say the cops need a warrant WTF

  4. #4
    MacLean's Avatar
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    Welcome to our world.

    Most of us have learned to just wait until the 9th is reversed rather than getting upset.
    I'm your huckleberry...

    Quemadmoeum gladis nemeinum occidit, occidentus telum est!

    You can be the weapon, and the gun in your hand is a tool - or the gun is a weapon and you are the tool.


    I was looking for a saint who was a devil of a lover,
    but every girl I found was either one way or the other...



  5. #5
    jmur5074's Avatar
    jmur5074 is offline Moderator
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    Quote Originally Posted by maclean View Post
    Welcome to our world.

    Most of us have learned to just wait until the 9th is reversed rather than getting upset.

    Haha. Mac, this is the first I've heard of this.


    Any idea how old it is, if it's been reversed yet, etc, etc?
    No one has greater love than this, to lay down ones life for ones friends - John 15:13

    "The Wicked Flee When No Man Pursueth: But The Righteous Are Bold As A Lion".

    We lucky few, we band of brothers. For he who today sheds his blood with me shall be my brother.

    ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~
    The opinions, beliefs, and ideas expressed in this post are mine, and mine alone. They are NOT the opinions, beliefs, ideas, or policies of my Agency, Police Chief, City Council, or any member of my department.

  6. #6
    MacLean's Avatar
    MacLean is offline O/R Gun mod
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    Looking into it.
    I'm your huckleberry...

    Quemadmoeum gladis nemeinum occidit, occidentus telum est!

    You can be the weapon, and the gun in your hand is a tool - or the gun is a weapon and you are the tool.


    I was looking for a saint who was a devil of a lover,
    but every girl I found was either one way or the other...



  7. #7
    PapaBear's Avatar
    PapaBear is offline SgtCHP-Retired
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    I wonder what ever happened to "Exigent Circumstances" and safety of the community that the courts have upheld over many years? The Ninth Circus again makes an AZZ of itself and the justice system.
    Be courteous to all, but intimate with few, and let those few be well tried before you give them your confidence.
    [George Washington (1732 - 1799)]


  8. #8
    MonsterMash's Avatar
    MonsterMash is offline Proud 3%er
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    I just have one question: How was the guy being menacing for the security guard to call 911?
    Are you a 3%er? If you aren't, you should be.

  9. #9
    CTR man's Avatar
    CTR man is offline Officer First Class
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    Welcome to the 9th Jerk-it Court of Schlemiels--Michael Savage.


    Choose The Right. When you're doing whats right, then you have nothing to worry about.

    Not a LEO

    In memory of Sgt. Howard K. Stevenson 1965 - 2005. Ceres Police Dept.
    In memory of Robert N. Panos 1955 - 2008 Ceres Police Dept.









 

 

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