Friday, February 24, 2012

USSC Protects Officers

  • The Supreme Court said Wednesday that California police officers cannot be sued because they used a warrant that may have been defective to search a woman's house.

    The high court threw out the lawsuit against Los Angeles County Sheriff's Detective Curt Messerschmidt and other police officials, who were being sued personally by Augusta Millender for the search on her house and confiscation of her shotgun.

  • The court on a 6-3 vote overturned [the Ninth US Circuit Court] decision.

    "The officers' judgment that the scope of the warrant was supported by probable cause may have been mistaken, but it was not 'plainly incompetent," said Chief Justice John Roberts, who wrote the court's majority opinion. "On top of all this, the fact that the officers sought and obtained approval of the warrant application from a superior and a deputy district attorney before submitting it to a magistrate provides further support for the conclusion that an officer could reasonably have believed that the scope of the warrant was supported by probable cause."

Make a note.



Anonymous Anonymous said...

guess theres still the 3 communists on the court though. and the balance will change when obama gets re-elected.

2/24/2012 05:11:00 AM  
Anonymous Anonymous said...

Don't expect to many more rulings in favor of the police in the future. When Obama gets relected he potentialy will replace up to three more justices. Ginsburg and Kennedy both are locks to be replaced and Scalia will try to hold on but he's close to 80 so anything can happen.

2/24/2012 06:28:00 AM  
Anonymous Anonymous said...

Make a note too, of the dissent, where two liberal female justices decided the officer should lose his immunity and be held personally liable.

2/24/2012 07:33:00 AM  
Anonymous Anonymous said...

Who are the 3 dissenting anti-police judges that rules against us?

Perhaps they are the Obama appointees!

Remember this in the next elections!!!

2/24/2012 08:33:00 AM  
Anonymous Anonymous said...

hey bumpy and rick this is good news!!! U may be able to keep that fonzy jacket and blue blockers and that pimped out traverse after all now

2/24/2012 08:45:00 AM  
Anonymous Anonymous said...

How many cases from the 9th dist are overturned? That court is the biggest liberal sham in the country

2/24/2012 09:32:00 AM  
Anonymous Anonymous said...

so wait a minute... We hit a house and it ended up being the wrong house. We were sued in court and I took 3 days for it. We realized it was the wrong house immediatly.. didnt mistreat anyone and didnt destroy the house... we were sued, they city filed a motion which was partially denied and it went to trial.. Yes, the city won but according to this it shouldnt have even gone to trial... My question is, what about the 3 days I took? The supreme court is saying that its ok and We were not found liable in federal court.. Yes yes I know too bad etc and the department blows but does this change anything? Im thinking not considering it happened 3 years ago but is it even worth a shot?

2/24/2012 12:02:00 PM  
Blogger PrecisionDan said...

A. Justices retire, they're not "replaced."
B. Kennedy will stay on for quite a while longer.
C. Did you see how they expanded probable cause? Lots of good stuff for us in that opinion.

2/24/2012 12:40:00 PM  
Anonymous Anonymous said...

Who are the 3 dissenting anti-police judges that rules against us?

Perhaps they are the Obama appointees!

Remember this in the next elections!!!

2/24/2012 08:33:00 AM

Yes, when you vote for those Supreme Court Justices...

2/24/2012 04:25:00 PM  
Anonymous Anonymous said...

With 1 more appointment from Obama, this is a 5-4 decision. Our society is near death with this fool in charge. With 2 more appointments to the court, this is a 5-4 with us on the losing side.

2/24/2012 06:56:00 PM  
Anonymous Anonymous said...

You need to read this decision to understand how bad it really is for police.

You had better never put any generic items to be searched for unless you have specific information that those items are in the place you are searching.

In this case, the court found facts that vindicated a search warrant for "gang materials", but most other cases won't have the same saving facts.

You had better cut out the generic search for scales, packaging, even money unless you have specifically stated in your complaint that those items should be in the place searched.

The bottom line is that the police officer is PERSONALLY responsible for every search warrant he writes even when it is signed by a judge.

In this case the officers were vindicated. But, there is a lot of material in this decision that will bury cops, particularly Chicago cops who copy search warrants and who use the same formula language in every search warrant. These cops are going to buried in punitives.

2/24/2012 07:06:00 PM  
Anonymous Anonymous said...

"Hey Rose theres a messerschmidt in the kitchen, do you mind cleaning it up"

2/24/2012 07:51:00 PM  
Blogger Elm Creek Smith said...

"Justice[s] Sonia Sotomayor, Ruth Bader Ginsburg and Elena Kagan dissented from the majority."

Two Obama female appointees and the old liberal female voted against the cops. The guys on the Supreme Court "get it," even the liberal guys.

When Ginsburg retires the make up of the court won't change. More retirements would throw the court hard to port if Obama gets reelected. I worry for our country.


2/25/2012 08:07:00 AM  
Anonymous Anonymous said...

Look For The President To Install Another Form Of Military or Para Military Organization, After His Re-Election. He Has Already Spoken Of This. I Fear This New Para Military Organization Will Be Staffed By "Thugs" Loyal To The Administration. Something Similar To The "Brown Shirts" of Nazi Germany, In The 30's. They Will Be The "Real Police" and Have The Real Power. The CPD and Other Police Departments Will Be Pushed Gradually Out Of Existence, Or Have Just A Token Power.
I Pray That I Am Wrong, and You Should Also.

2/25/2012 10:40:00 AM  

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