Waco PD and D.A. Ya Dun Goofed - 8th Amendment

"Waco, Texas – Earlier today, detainees in the Jack Harwell Detention Center in Waco were told that in exchange for bond reductions, they must sign a document stating the Waco police “had the right to arrest the inmate and that he/she will not file a lawsuit against McLennan County and/or the City of Waco.”

If you don't smell something piscine here, you evidently don't have a sense of smell.

More and More Police departments, D.A.'s, P.A.'s and S.A.'s are realizing just how badly something got screwed up and they are now open to BIG-TIME Liability. So they pull stuff like this out, using the power of the state to basically blackmail people into signing away their Rights under the threat of increased incarceration/bail. Seriously this is something Congress and the D.O.J. SHOULD be looking at.

But of course they won't. They don't want to leave themselves open for that Liability either.

Personally I think these folks have a good 8th Amendment Tort against the Waco PD, and Waco D.A.

I like Kenny's take on it.

"So basically the way I see it is the DA is saying “We may have fucked up and we’re willing to reduce your bail if you agree to not sue us for the aforementioned fuck up. If you don’t sign, then we didn’t fuck up and your ass is gonna rot in jail.”

ETA: Found this, the original story may be egregiously false.

"By TOMMY WITHERSPOON twitherspoon@wacotrib.com

A Houston attorney’s media release alleging that jailed bikers were being forced to waive their rights to sue the city and county is false, but the controversy it created has that lawyer squaring off with a Waco attorney over the rumors."

If you have done nothing wrong why worry?

"Unsurprisingly, the usual Big Brother apologists chimed in with the rebuttal, “If you have nothing to hide, you have nothing to worry about.”"

Because under the Constitution and the Bill of Rights, I have an "Expectation of Privacy".  Which mean I can feel secure in my home, on my computer, on my cell phone from intrusion by ANYONE.  It doesn't matter if I haven't committed a crime or an offense.  I have an Expectation of Privacy.  Therefore the .GOV has no legal Right to examine, surveil, record or in any way shape or form, monitor me or my communications.

Until such time as they gather evidence of any wrong doing by me, they cannot monitor my communications, surveil me or intrude on my privacy.  For them to do that they are REQUIRED to present their evidence of my alleged wrong doing to a judge, who then makes the determination as to whether they have enough evidence to reach the threshold of "Probable Cause"

They are FOBIDDEN by the Constitution and the Bill of Rights from "Dragnet" surveillance, which is just like it sounds.  Throwing out a net and gathering in as much information as they can from as many people as they can in order to look for any wrong doing.

Did you catch that?

They don't have a suspicion of wrong doing by any one particular person, but they are gathering data on people to LOOK for any evidence of wrong doing.

That is Unconstitutional.

In other words, it is ILLEGAL.

I have the RIGHT to be secure in my home, head and communications, be they verbal, written or electronic.  WITHOUT the .GOV seeking to obtain it without "Due Process".

So it doesn't matter if I have nothing to hide.  It matters that the .GOV violated my Rights, your Rights, and BROKE THE LAW.

That is what is at issue in these scandals.

The .GOV, it's agencies and agents VIOLATED the Laws and the Constitution of this nation.

For that there needs to be consequences, for ANY AND ALL involved in those violations.  From those at the bottom who performed the violations, to those at the top who either ordered them or through inaction allowed them to occur.

This is a Nation of Rights and Laws.

If the .GOV can trample on the Rights and Laws with Impunity, what type of Nation are we?

NY Gun Confiscation for Mental Health part Duex

"In a surprising turnaround, New York State Police have admitted that they made a mistake when they confiscated the guns and suspended the permit of an Erie County resident on the grounds of mental health.

Late Wednesday, Erie County, NY, released a statement (posted below) blaming the New York State Police for giving them bad information regarding the suspension of a pistol permit and demand to surrender firearms sent to Amherst resident David Lewis."

I first posted on this in THIS post.

So the Police screwed up, and pass the blame to the New York State Police.  Who gave the NY State Police the information?  All they are saying is that they made a "mistake" and gave out the wrong name.  Uhhmmm, there is something not quite right here.  Mr. Lewis was taking anti-anxiety medications in the past, that was the supposed reason for the Police to take his firearms.  If it was a mistake, how would the police know of Mr. Lewis' medication use?  Who told them?

I hope Mr. Lewis and his attorney have a field day with discovery on their lawsuit.  Because someone, somewhere divulged private health information to the State.  And THAT is a crime under the current laws.

This new Backround check they are talking about?

"The proposal will allow a doctor to add a patient to the National Instant Criminal Background Check System (NICS) without ever telling the patient he or she has been added.

There would be no due process requirement. Not all doctors will be able to do it with the same ease, but many will. Knowing a doctor could add him to a federal database as mentally ill without his knowledge could potentially dissuade a patient from going to the doctor in the first place to get help. 

Worse, if the doctor does so and makes a mistake, the patient would have to actively work through the system to get himself removed — guilty before being proven innocent. In some states, should a doctor flag you as having mental illness without your knowledge, you may very well see the state come collect your previously purchased guns"

So you can be added to a list by the whims of a doctor who doesn't know you, isn't trained in psychiatry and may have his or her own preconceptions or prejudices, and you can LOSE your Second Amendment Rights.

I'm sorry, but if some Doctor or Medical Professional wants to add me to a list, I want to be able to FACE them, which IS one of our Constitutional Rights, you know the 6th Amendment and 14th Amendment.

Until such time as those protections can be guaranteed, this bill shouldn't even be brought up for ANY vote.

So Senator Toomey, how are you going to reconcile your bill with the Constitution?