Appeals Court: Police can violate our rights without fear of being sued
MassPrivatei.blogspot.com
Oct 23, 2018
For those of you that claim we don’t live in a police state, I give you this recent Michigan Appeals Court ruling.
In 2015, Deputy James Dawson went to Joshua Brennan’s home and knocked on his door trying to obtain a breath sample. When Brennan did not answer, Dawson spent an hour and a half knocking at his doors and windows.
Officer Dawson also put crime-scene tape over Brennan’s security cameras to conceal his actions and used his siren and cruiser lights in an attempt to rouse him.
When Brennan finally opened his door, officer Dawson forced him to take a breathalyzer and arrested him for a probation violation even though he blew a 0.000.
All of this was done without a warrant. (Warrantless breathalyzer tests was not a condition of Brennan’s probation.)
If you think, it is obvious to any reasonable person that his rights were violated. Then you don’t know how the Sixth Circuit Court of Appeals interprets the Constitution.
The fact that this even went to an Appeals Court, speaks volumes about our justice system but I digress.
Let’s get back to the ruling; judge John Nalabandian said that officer Dawson did violate Brennan’s Fourth Amendment rights by searching him without a warrant. All is good so far, right?
Not quite, Nalabandian went on to say “police actions that violate the Constitution do not lead to liability.”
The court also ruled that since officer “Dawson’s implied license was not clearly established” and because of that old police standby, “deficient training” he cannot be sued.
The Rest…HERE
