> ...I talked to an attorney. He told me forget it, the cops were doing their job.
> The fact is the Supreme Court has always determined one must obey the
> orders of a law enforcement officer.
>> ...I talked to an attorney. He told me forget it, the cops were doing their job.
>> The fact is the Supreme Court has always determined one must obey the
>> orders of a law enforcement officer.
>
> Yes, and rulings like that are destroying due process, one of our
> fundamental rights as Americans.
What ruling? That was advice from an attorney.
> In very simple terms, due process requires a government person to file
> a complaint in the proper court, and the court takes over from there.
> Any action against the citizen is taken by the court, not the
> government person who filed the complaint.
True. But the police also have to make sure that they are keeping safe
while they do their job. There was an investigation made, but no charges
were ever filed because Mike had nothing to do crime that was committed.
IIRC, there was a crime committed by someone with a similar car. The
police were doing their proper job when they stopped him, and the force
they used was necessary under the circumstances. And they paid for any
damages they caused.
> That is how your rights as an American citizen are protected. The
> court protects you and your rights from unilateral action by the
[quoted text clipped - 3 lines]
> necessary to stop actual harm to a citizen or their property, and act
> as necessary to prevent imminent harm to a citizen or their property.
That has nothing to do with due process. Due process means that if you
are charged with a crime, you have the right to a proper trial.
> Notice I didn't say "crime". I said actual harm and imminent harm.
> That is the true definition of "crime", as ruled multiple times by
[quoted text clipped - 4 lines]
> government person would have to file a complaint against the citizen
> in the proper court, and let the court take over from there.
The police are empowered to act to protect people and property. They
don't have to get a court's permission stop someone who looks like
someone who committed a crime.
> Under true due process, suspicion of violating some law would not be
> justification for a government person to act against a citizen. The
> government person would have to file a complaint against the citizen
> in the proper court, and let the court take over from there.
The police do have the right to bring people in and question them. And
people have the right to remain silent.
> Under true due process, "probable cause" would not exist. Acting
> against a citizen on "probable cause" is a massive violation of that
> citizen's due process right.
Please explain how police would investigate any crime. And how do you
determine who should be tried?
> Note that I said TRUE due process right. We don't have true due
> process in America anymore. Our true right of due process has
> effectively been destroyed.
While I certainly agree that the government is not providing all the
rights to privacy and that police do stop some groups unfairly, I have
not seen any evidence that due process rights have been overridden in
most cases. I do feel this the case with citizens held for
terrorism-related cases.
> The judicial branch of government was originally intended to be a high
> impassible wall between citizens and government... to protect citizens
[quoted text clipped - 10 lines]
>
> That is tyranny.
Write the President (I am not sure he can read, but some of his aides
can), your elected representatives and the newspapers. You also should
educate yourself on what due process is.
Jeff
> When government can bypass the courts and act unilaterally against
> citizens without clear evidence of actual harm or imminent harm to
[quoted text clipped - 74 lines]
>
> THAT is due process.
packrat - 07 Mar 2008 19:23 GMT
> >> ...I talked to an attorney. He told me forget it, the cops were doing their job.
> >> The fact is the Supreme Court has always determined one must obey the
[quoted text clipped - 4 lines]
>
> What ruling? That was advice from an attorney.
You apparently don't read very well.
> > In very simple terms, due process requires a government person to file
> > a complaint in the proper court, and the court takes over from there.
[quoted text clipped - 8 lines]
> they used was necessary under the circumstances. And they paid for any
> damages they caused.
When they stopped him and detained him they violated his due-process
right.
Everything I read in your post tells me you support government
tyranny.
> That has nothing to do with due process. Due process means that if you
> are charged with a crime, you have the right to a proper trial.
And this pretty much proves you support government tyranny.
> The police are empowered to act to protect people and property. They
> don't have to get a court's permission stop someone who looks like
> someone who committed a crime.
And this absolutely proves you support government tyranny.
> The police do have the right to bring people in and question them. And
> people have the right to remain silent.
And this further proves it.
> > Under true due process, "probable cause" would not exist. Acting
> > against a citizen on "probable cause" is a massive violation of that
> > citizen's due process right.
>
> Please explain how police would investigate any crime. And how do you
> determine who should be tried?
I'm going to answer you questions with questions.
1) What are the three branches of government?
2) What is the job of each of those branches?
> While I certainly agree that the government is not providing all the
> rights to privacy and that police do stop some groups unfairly, I have
> not seen any evidence that due process rights have been overridden in
> most cases. I do feel this the case with citizens held for
> terrorism-related cases.
This cinches it. You absolutely do support government tyranny.
> Write the President (I am not sure he can read, but some of his aides
> can), your elected representatives and the newspapers. You also should
> educate yourself on what due process is.
>
> Jeff
I believe it is you sir who needs to learn what due process is... or
at least what it used to be.
I agree that the common perception of due process today is merely the
right to a trial.
That is exactly what police and their superiors want you to believe,
so when they break your door down, ransack your house, and steal your
property, merely doing "an investigation," you can smile and say
"That's ok. They were just doing their job."
<snip>
> It is the job of the COURTS to determine if a law even applies in the
> instant case, and if so, determine if there is reasonable evidence
[quoted text clipped - 9 lines]
>
> THAT is due process.
Once the missiles fly & 90 percent of the world's population is destroyed in
an
all out global thermonuclear war then it will be back to due process. It
will be
every man for himself & governments won't exist anymore.