FISHER v. CITY OF SAN JOSE

Discussion in 'In the News' started by Rammstein, Feb 2, 2007.

  1. Rammstein

    Rammstein New Member

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    Short version:
    Man buys beer. Man cleans guns. Apartment security guard gets scared. SWAT called. SWAT shoots man with rubber bullets. NO WARRANT IS OBTAINED. Man charged with many felonies.

    The rest of the story can be read here:
    Click This Link
     
  2. wwomack

    wwomack New Member

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    I just finished reading the entire pdf. I hate it when people post documents from legal cases as I tend to go overboard reading them. ;)

    The man definitely didn't handle the situation in the best way. At any point early on he likely could have calmly talked to the officers and resolved the situation. This was made difficult by the fact that he was clearly extremely intoxicated. But, being intoxicated inside your own home is not illegal and is the safest place to do so.

    I think the biggest blame for this situation goes on the security guard and his supervisor. They decided that because a man was very drunk and owned weapons that the police needed to be called. Once the security guard noticed the man was intoxicated, he should've said goodbye and let the man retreat back into his home to rest/sleep off the beer/liquor. Instead, he and his supervisor decide that the police need to be called.

    In my opinion, the court of appeals was exactly right in upholding the arrest as unconstitutional due to lack of warrant. The police had LOTS of time to obtain a warrant and no emergency situation to deal with. The man was inside his own home and not in public where he could harm another.
     

  3. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    I think the oddest thing is that by page two there is a very obvious fact. No crime had been committed. The police were not really there for eany reason. While the security guard may or may not have claimed that a rifle the man was cleaning "pointed" at him, it really sounds like at most the muzzle may have "painted" him while they were talking.

    In any event, there is no real indication that this is the reason for the SWAT team standoff.

    And, indeed, the only charges levelled against him were poitning the rifle at police officers, which did not happen until they threatened to enter without a warrant. After the jury deadloncked, he then somehow plead guilty to a "brandishing" charge, which appears to stem from the security officer incident.

    Is it brandishing when you have a rifle in your hand and somebody repeatedly insists that you come to your door to talk about a neighbor, so you finally do, without putting down the rifle?

    60 officers present, but nobody can get a warrant? The police argue exigency, but both the trial court and appellate court call that :bsflag: My guess is that they had no grounds for a warrant!

    The court finds that his constitutional rights were violated, but the guy only gets $1.

    Go figure. :roll:
     
  4. Rammstein

    Rammstein New Member

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    Yeah, but it was a good read. 8)

    Did I forget to mention that the city is appealing this decision? They don't know when to stop.
     
  5. Rammstein

    Rammstein New Member

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    You'd think that with 60 people there someone would say "Hey...don't we need permission from some authority......
     
  6. Macktee

    Macktee New Member

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    Can the guy appeal the amount of the judgement? Sounds like the courts finished the job the cops started on him...
     
  7. kkennett

    kkennett New Member

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    Why not just close the curtains to your patio and inform the security officer that you do not wish to speak with him?
     
  8. ber950

    ber950 Active Member

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    Ron White

    Don't forget what Ron White said. I had the right to remain silent just not the ability. :drink:

    Seriously Alcohol and guns don't mix.
     
  9. BergerBoy

    BergerBoy Guest

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    Just finished reading the PDF and I must say......this sounds like something out of a bad joke! And the city's appeal is a smack in the face!
     
  10. Rammstein

    Rammstein New Member

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    No kidding. A dollar is insulting.