US v. Paul Johnson Jr.
DOM has lots of the details on his blog.
But it really boils down to this: Is a bullet a weapon?
Judge Jordan, in his dissent, says it is not. The full except is on SDFLA
See Ybarra v. Illinois, 444 U.S. 85, 93-94 (1979) (“Nothing in Terry can be understood to allow . . . any search whatever for anything but weapons.”). By allowing officers to seize a stand-alone bullet from an unarmed suspect who is in handcuffs and being held at gunpoint by several officers, the majority expands Terry beyond its “narrow scope.” Dunaway v. New York, 442 U.S. 200, 210 (1979).
Jordan is right. The majority is wrong.
And so it goes.
Today, April 17th, a day that will go down in infamy, the police will finally have to find a place to park their cars because the strong arm of the city of Miami parking authority is coming down.
ReplyDeleteYup, today, we the meager who pay $100.00 per month to park in lot 26 will be able to stick our noses in the air as we pass all those cops who don't have the coveted parking card that opens the gate.
You watch, those pesky cops will drive over the sidewalk to get in. Those same musclebound swat cops who can't walk a block to get to court but, can carry 400lbs of equipment over a mount Everest.
Sorry cops, you will have to park on the street like everyone else. I can't wait to see the joy in their faces.
All kidding aside, I respect the police but, they need to follow the law too.
This is a very troubling decision because the reasoning falls into the "But for a tack, the kingdom was lost" category. Because a bullet can go into a gun and a gun can hurt an officer, you have a right to seize a bullet during a Terry frisk. This might be one that the Supreme Court will take and the Court may well adopt Judge Jordan's view.
ReplyDeleteIs a bullet a weapon to a federal judge? Well, it depends. A "conservative" judge will likely say yes if its in the context of a criminal conviction of a brown person, and no if its in the context of gun laws limiting access to weapons. The same conflict (but in reverse) is likely to apply to "liberal" judges.
ReplyDeleteWAIT- Isn't a bullet something every red blooded American conservative and red blooded American Judge and every red blooded Republican Congressman and senator want Americans to carry all the time? Along with their gun? Isn't that what they believe the lord gave to us as our rights which makes us better than the rest of the world?
ReplyDeleteIsn't a bullet everything conservatives stand for? Don't they fear a marijuana leaf more than a bullet? Don't they think the peace sign is some commie-pinko-liberal trick into turning our young people into homosexual vegetarians? And don't they think a bullet is a sign of healthy conservative masculinity? And now this same conservative court in Atlanta is calling this bullet- which by all rights should be the sign of America and placed on the American flag which we should all be forced to pledge allegiance to- evidence of a crime???? Really????WTF????
I pledge allegiance to the Flag of the United States of America. And to the republic and the bullets of the republic for which it stands, one nation, fully armed, as is our g-d given right, with liberty, justice, and the right to carry ammunition for all. Amen.