Reg: 03-03-2002
Posts: 178
Loc: Pocono Mountains, Pa
Offline
Captain Iain Pedden excellent post. Although at 52 I have become extremely conservative I can tell you that in the past I did associate with what some would consider socially unacceptable 2 wheel riding social clubs (I have never killed anyone or dealt drugs. Physical altercations are a part of every young mans life and I`ve certainly out grown that. I have never carried a firearm illegally as I have a CC permit.) . What happened here was totally unacceptable and the parties responsible had to pay.
Somebody please post the link to the news article about the live cobras
The only thing needed for evil to exist is for good men to stand by and do nothing!!!
I've been practicing law for 24 years now, mostly in a quasi-law enforcement function. (Don't ask me to explain that, it would take way too long.) After reading the decision, I agree completely with Captain Pedden.
The basic problem was that "probable cause" was more like "possible hope" based on past association. There was no basis to believe that any of these people had the videotape or minutes. The police and prosecutors just hoped that they did.
Second, I really have to question the utility of the search for indicia of gang membership. Hell's Angels are not shy about admitting their membership -- they have incorporated themselves. No one needed a refrigerator door to prove that the gang exists. The only thing that might be in issue is whether the murder defendant was a member of the existing gang. A decal on someone else's motorcycle doesn't have any relevance to that.
I don't have much use for these guys either, but the Fourth amendment does not have any exceptions for people I don't like (unfortunately).
Here are the facts from the case itself, hype free, all fact. It's long, so if you only want to read about the dogs, search for dog and you'll see exactly what went on. It's an interesting case.There's no doubt these people are sleaze bag criminals, but there's also no doubt that law enforcment acted like a bunch of rookie yahoos that day. Handcuffing the woman and making her sit on the pavement next to her dog as he bled out and died? I'm sorry, but that's sick.
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