The Federal Clown Do It Again!
Police Violations of the "Knock and Announce Rule"
Are Okay, and You Lose Again!
August 3, 2007
Hello, Folks;
If we read U.S. v. Bruno, 487 F.3d 304 (5th Circuit 2007) we see that the 5th Circus Clowns, GARWOOD, SMITH, and DeMOSS again spit on the law and use their twisted and nefarious attorney logic to stamp on a defendant's right...again.
The DEA and a League City SWAT Team went to the residence of a fellow named Caldwell early one morning. They knocked on the door and ten seconds later broke out the master bedroom window and pointed a shotgun at Mr. Caldwell and his wife. Then the team tossed a flash/bang concussion grenade into Mr. Caldwell's yard and broke down the front door, charged in and caught Mr. Bruno coming out of the garage.
18 USC §3109 has been a codified part of federal law since 1917. It states:
Title 18 U.S.C. § 3109, "Breaking doors or windows for entry or exit," states the following:
The officer may break open any outer or inner door or window of a house, or any part of a house, or anything therein, to execute a search warrant, if, after notice of
his authority and purpose, he is refused admittance or when necessary to liberate
himself or a person aiding him in the execution of the warrant.
The 5th Circus black-robed imposters use the logic of the Supreme Court swine in Hudson v. Michigan, ___ U.S. ___, 126 S. Ct. 2159, 2165, 165 L.Ed. 2d 56 (2006) to decide that even though the federal agents and police violated the law, the evidence should not be suppressed. They are all outlaws, and we don't want or need them.
What this mean, Folks, is that the federal clowns are giving police carte blanche to violate the clearly established law and to keep doing so, without fear of application of the 'Exclusionary Rule' which was put into place for the express purpose of punishing police overreaching and creating an incentive for police to stop violating the law.
So you see, Folks, another meaningless act of a meaningless and spineless Congress is flaunted in your face by the outlaws occupying the federal bench, and more reason to say "We are tired, and you are fired!"
Start working today to join the No Vote Party and get all your family and friends to do it also. There is strength in numbers. We need 10,000,000 members to turn this sad situation around. Let's do it now!
D. Tom