Delivered by The Daily Sheeple
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
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.
To say that the court’s reasoning is frustrating is an
understatement. The court said that because “Wilson and Clare County
were not on actual or constructive notice that the deputy training was
deficient they could not be liable.”
Does anyone really think police are held to a higher standard when they constantly use the “deficient training” excuse?
If you are upset by the court’s ruling that police are not liable for violating the Constitution I warn you, it only gets worse.
Citizens must prove to judges that violating out rights is unlawful
According to the Sixth Circuit and this speaks volumes about our
justice system “the plaintiff bears the burden of proving that the right
was so well settled that every reasonable official would understand
that what he is doing is unlawful.”
In other words, citizens must prove to a “reasonable official”
[judge] that a police officer violating the Constitution is unlawful.
The Sixth Circuit claimed that since the Hardesty v. Hamburg Twp.
ruling did not set a limit on how long a police officer can harass
people at their homes Brennan cannot sue the police. Even though they
admitted that “absent a warrant a police officer has no greater license
to remain on the property than a Girl Scout or trick-or-treater.”
The ruling repeatedly admits that “Dawson arguably violated the
Constitution.” but states for a second time that “even if a government
official violated a constitutional right, that official is entitled to
The Sixth Circuit refused to view the “constitutionality of the
officer’s conduct or the continuing viability of Hardest and Turk.”
Not only did the Appeals court rule that Brennan cannot sue the
police for violating his rights but they dismissed his unlawful arrest
claim as well.
Only one judge, Karen Moore dissented and agreed like any “reasonable
official” should, saying Brennan’s rights were violated and the officer
could be sued.
Why is the media silent when rulings as egregious as this are taking place across the country?
Proving to “reasonable officials” that violating our rights is unlawful? America is fast on its way to becoming a police state.
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