At LRC blog, Will Grigg describes the massacre of an elderly man by government goons:
“Mallory woke up to find armed men in his home. The elderly man’s glasses were on the nightstand beside him. His handgun was also within easy reach. After the panicking man reached for his gun, the intruders shot him six times.
The deputies who had invaded Mallory’s home weren’t responding to an emergency, nor were they pre-empting a criminal plot. They were serving a narcotics warrant issued in response to a claim that someone who had passed by the property smelled ingredients used to manufacture methamphetamine.
After shooting the helpless old man in his bed and leaving him to die, the intruders assaulted and bound his terrified wife, Tonya Pate, then ransacked the property. Although they found no evidence that Mallory was an aspiring Heisenberg, they did locate an insignificant amount of marijuana – something not listed in the search warrant, but seized upon as validation of the murderous home invasion.
The Fourth Amendment, which was rendered irrelevant long ago, requires that in order for a warrant to be valid it must specify the items being sought. Additionally, a vague report of a suspicious smell doesn’t meet the Fourth Amendment’s standards for probable cause. This was acknowledged by the California Supreme Court in a decision announced a few hours after LA County deputies slaughtered Mallory. The Court ruled that police were not permitted to search a closed shipping package because it reeks of marijuana.
In that case, which arose from a 2010 arrest of a man accused of trying to ship pot to Illinois via FedEx, the police insisted that what they call the “plain smell test,” coupled with “exigent circumstances,” justified a warrantless search and seizure of the package. That argument didn’t pass the Court’s smell test.
If police aren’t permitted to seize a package that exudes the aroma of marijuana, it can’t be considered permissible to mount a daybreak no-knock raid of a residence on the basis of an unsupported claim that something in the surrounding air made an informant’s nostrils twitch.
Since the warrant was invalid, and the search was illegitimate, Mallory was within his legal rights to use lethal force to defend himself. However, department spokesman Steve Whitmore insists that “The lesson here is … don’t pull a gun on a deputy.”
A more suitable lesson is this: We live in a country where criminals in uniform feel entitled to gun down elderly men in their beds”consequence of just leaving people alone to pursue their own desires.
Comment:
Fumbled for your handgun when someone busted in your door, eh? Can’t have any of that.
Seriously, why is this outrageous? It’s not…not today.
If you talk back to a traffic cop when you’re pulled over, even in broad daylight, if your hands aren’t visible, you might very well receive the same rough injustice.
They can..and will..blow you away.
In case you think that is idle speculation on my part, it’s not.
One of the strangest things about American society is how often you can have run up against the cops, the courts, and the mafia, all without doing anything more than going about your routine business.
But, while this might offend some, police officers are not innately much more evil than the culture in which they’re raised. We live in a culture of home invasions, gang-violence, self-indulgence, belligerence, and contempt for the old and the weak.
Our police reflects and amplifies that broader culture, and also in turn reinforces it.
Power no doubt attracts a lesser breed of human-being, but your average cop wannabe, like George Zimmerman, is not evil so much as thoughtless, self-important, conditioned, and ready to lash out.
Add a badge and a gun, and what you have is not Milton’s Satan but a faulty chain-saw.
A chain-saw is not evil. It’s merely insensate.
The first law of not getting chopped up by a chain saw is – get out of its way.
In poor Mr. Mallory’s case none of this obtained.
The chain-saw came to him.
Moral of the story:
Disarm the police.
Allow them to carry nothing more than mace when serving warrants, unless they are cornering someone with a history of assault and/or notable violence.
Second.
End the war on drugs.
Meanwhile, if you do encounter the cops, here’s what I’ve learned:
1. Don’t talk more than you need to. Don’t issue invitations and volunteer information. Talk too much and you will be arrested or cited as some kind of trouble-maker. Maybe you will earn a record as a crazy.
2. Be civil, even deferential, as the case might be. Soft soap often accomplishes much more than belligerence.
3. Keep your hands visible at all times. Don’t for anything put them into your pockets.
4. Do not make sudden unannounced movements.
3. Record, if possible.
If not, take accurate notes, with date and time. If you don’t have pen and paper, turn on the audio of your cell phone, but let everyone know first. If not, you could be arrested for that, since tape-recording conversations unilaterally without permission is illegal in many states.
4. Admit nothing.
5. Sign nothing, except under the threat of arrest, and even then, only if you’ve read and understood what you’re signing, and have spoken to a lawyer. Otherwise, arrest is probably a better choice. If the arrest is unlawful, you will have legal recourse.
6. As a general refrain, use the phrase “I’d like to talk to my lawyer.” You can intersperse this with
“My lawyer will address that,” “Talk to my lawyer,” and “Can I have a lawyer?”.
Use these phrases even if you don’t have a lawyer.
7. If the police man does something clearly wrong, address them as officers and point out what they are doing wrong in as technical, respectful, and legal a manner as possible.
If they mock you in any way, tell them coldly that as officers of the law, they are obliged to do their duty and no more.
Maintain your dignity, however much they show disrespect. Thank them as appropriate.
Do not issue verbal threats of any kind, no matter how much you’re provoked.