tag:blogger.com,1999:blog-3669412675139526125.post6425025638438369305..comments2024-03-12T21:13:06.850-05:00Comments on Legal Schnauzer: Did Alabama Sheriff Deputies Violate U.S. Supreme Court Precedent In Making Legal Schnauzer Arrest?legalschnauzerhttp://www.blogger.com/profile/09619089628125964154noreply@blogger.comBlogger11125tag:blogger.com,1999:blog-3669412675139526125.post-9106903990234915802015-04-13T21:18:06.349-05:002015-04-13T21:18:06.349-05:00So you enjoy seeing victims of police abuse being ...So you enjoy seeing victims of police abuse being cheated in court? I guess you will be pulling for the SC officer who shot Walter Scott in the back. That says a lot about your character and (lack of) humanity. You've confirmed what I already know--that our courts are corrupt--and you think it's funny. That reminds me of Officer Slager. In fact, you sound just about as intelligent as he is--and his immediate reaction to wrongdoing (murder) was to lie and attempt a coverup. <br /><br />Were you raised in the woods by wild hogs? It sounds like it, and I apologize for offending wild hogs. <br /><br />Actually, the entry into our house without a warrant makes the resisting arrest charge moot. You cannot be charged or convicted with resisting an unlawful arrest. That's Law School 101, and we covered it in detail here recently.<br /><br />You, of course, don't care about the law, but I thought I would cite it anyway--just in case you had an unlikely awakening.<br /><br />I understand why you are anonymous. If I wrote the transparently nonsensical stuff you write, I'd stay anonymous, too.legalschnauzerhttps://www.blogger.com/profile/09619089628125964154noreply@blogger.comtag:blogger.com,1999:blog-3669412675139526125.post-45925242677196421452015-04-13T21:02:07.122-05:002015-04-13T21:02:07.122-05:00If you get around to federal civil rights case, yo...If you get around to federal civil rights case, you will lose and I will have the last laugh. The record shows the DA didn't have the warrants, not that they didn't exist. You keep trying to infer one statement means another. The resisting stemmed from a warrant that was served in your house. That makes them related and the ground-breaking U.S. Supreme Court case you mentioned doesn't apply. You are the one who appears to be grasping at straws. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-3669412675139526125.post-44166914607123560662015-04-13T20:41:30.517-05:002015-04-13T20:41:30.517-05:00Not sure I understand your point, @5:00. You are m...Not sure I understand your point, @5:00. You are mixing a resisting-arrest case with the law regarding Blevins' entry into our home. Those are two entirely different things. <br /><br />You also are mixing a ground-breaking U.S. Supreme Court case, the law of the land, with the work of a low-level judge in Alabama, who has a demonstrated inability to apply the law in multiple cases. That's sort of laughable. <br /><br />It's not a matter of what Judge Ron Jackson in Shelby County thought. It's a matter of record that the prosecutor said, "I don't have a warrant," so Jackson didn't have to think (and he's good at not thinking). The record shows there was no warrant, and that violates Payton.<br /><br />Blevins' entry into our home violates both Alabama statutory law, and ultimately will be an issue on a federal, civil-rights level. That has nothing to do with what an inept district judge in Shelby County thinks about anything.<br /><br />I don't know if you are grasping at straws or you really are as clueless as you sound, but you deserve "credit" for one of the most legally inept comments I've ever read--here or anywhere else.legalschnauzerhttps://www.blogger.com/profile/09619089628125964154noreply@blogger.comtag:blogger.com,1999:blog-3669412675139526125.post-69661288925491183142015-04-13T17:00:27.973-05:002015-04-13T17:00:27.973-05:00The phrase "without a warrant" makes you...The phrase "without a warrant" makes your argument using Payton completely moot. You were convicted by a judge on resisting. Sounds like the judge believed there was a warrant for your arrest. <br /><br />I have not heard the recording, yet, but I have to ask, could the laugh be a nervous laugh? I know many people who laugh at inappropriate times when they are put in stressful situations. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-3669412675139526125.post-47437723375818092702015-04-13T14:13:18.675-05:002015-04-13T14:13:18.675-05:00Looks to me like someone told Officer Blevins, &qu...Looks to me like someone told Officer Blevins, "You bring the Legal Schnauzer guy in, no matter what you have to do, how many laws you have to break. Don't come back until you have him."Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-3669412675139526125.post-20148970950999064622015-04-13T09:46:58.216-05:002015-04-13T09:46:58.216-05:00More good points I had not thought of. Many thanks...More good points I had not thought of. Many thanks for your keen insights.legalschnauzerhttps://www.blogger.com/profile/09619089628125964154noreply@blogger.comtag:blogger.com,1999:blog-3669412675139526125.post-26310423028187343272015-04-13T09:46:18.554-05:002015-04-13T09:46:18.554-05:00This is 9:33 again. I think the officer tried so h...This is 9:33 again. I think the officer tried so hard to block your vehicle because he knew, legally, he was toast if you got in your garage. I also think that's why he asked you to come outside. He might not be very bright, but I'm betting this officer knew he had no grounds to enter your home on a non-criminal case. In my view, you wisely refused to come out of the garage, given that he showed no warrant. That's what I would have done, assuming I had been able to keep my wits about me. I'm sure that isn't easy to do in situations like this.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-3669412675139526125.post-74856684693090428952015-04-13T09:42:48.388-05:002015-04-13T09:42:48.388-05:00Was just going to add that it pays to have readers...Was just going to add that it pays to have readers with keen eyes. I'm constantly learning things from readers, and you certainly are an example of that.legalschnauzerhttps://www.blogger.com/profile/09619089628125964154noreply@blogger.comtag:blogger.com,1999:blog-3669412675139526125.post-34508946623742154992015-04-13T09:40:10.526-05:002015-04-13T09:40:10.526-05:00This comment has been removed by the author.legalschnauzerhttps://www.blogger.com/profile/09619089628125964154noreply@blogger.comtag:blogger.com,1999:blog-3669412675139526125.post-36069641692031980002015-04-13T09:35:09.492-05:002015-04-13T09:35:09.492-05:00You make a very interesting point, @9:33, one that...You make a very interesting point, @9:33, one that had zipped right past my eyes. I'm hardly a Fourth Amendment expert, but you correctly point out that the language in Payton applies to "routine felony arrests." <br /><br />Thanks for bringing this to my attention. My rights might have been violated even worse than I thought.legalschnauzerhttps://www.blogger.com/profile/09619089628125964154noreply@blogger.comtag:blogger.com,1999:blog-3669412675139526125.post-1995089850622290532015-04-13T09:33:00.975-05:002015-04-13T09:33:00.975-05:00I notice that Payton applies to "routine felo...I notice that Payton applies to "routine felony arrests." That suggests to me that the officer in your case had no authority to enter your house at all, even if he had a warrant. <br /><br />In a case like yours, which involves no crime (much less a felony), I don't see how an officer has the authority under Payton to enter your home. <br /><br />Even it you were wanted for an actual crime, a misdemeanor, a close reading of Payton suggests the officer can't come into your home--even with a warrant--unless you are wanted for a felony.Anonymousnoreply@blogger.com