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Officer Lied to Obtain Warrant in Fatal Shooting | 37 comments (37 topical)

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I thought is was perfectly clear all along... (none / 0) (#7)
by Bill Arnett on Fri Jan 12, 2007 at 12:44:02 PM EST
...that the original story told was total B.S. and a fairy tale to placate the unknowledgeable and the masses of people who do not understand how these things work.

I'm NOT one of those, however, too shy to say, "I told you so!"

And boy! must these guys be prosecuted: committing perjury (a felony) to obtain a search warrant they knew was bogus, and Killed this poor woman while "acting under color of authority".

In California, and I believe most state, depriving a person of any right unlawfully while ostensibly acting "under color of law" is a very serious felony, and they certainly denied this woman her rights.

Being right (none / 0) (#8)
by Patrick on Fri Jan 12, 2007 at 12:55:52 PM EST
Doesn't necessarily mean the way you arrived at the decision was wise.  

[ Parent ]
Doesn't mean it was wrong or unwise either. (none / 0) (#9)
by Bill Arnett on Fri Jan 12, 2007 at 01:00:39 PM EST


[ Parent ]
No kidding... (none / 0) (#11)
by Patrick on Fri Jan 12, 2007 at 03:00:58 PM EST


[ Parent ]
No, really. ;-) (none / 0) (#13)
by Bill Arnett on Fri Jan 12, 2007 at 03:13:11 PM EST


[ Parent ]
It's federal (none / 0) (#19)
by Repack Rider on Fri Jan 12, 2007 at 07:35:24 PM EST
In California, and I believe most state, depriving a person of any right unlawfully while ostensibly acting "under color of law" is a very serious felony, and they certainly denied this woman her rights.

I am currently pursuing just such a complaint.  I was pulled over for a "mistake of law," i.e. the officer thought I needed a sticker on my rear plate, but on my commercial vehicle it is required on the front.  (In fact, it was a transparent attempt to find out who I am, since I had been observed in an area where most white people are scared to go.  Busted for "driving while white.")

After finding out that he was mistaken and that there was no Vehicle Code violation, he still took my driver's license and ran a warrant check.

Unlawful detention under color of authority is only a misdemeanor in California.  The big guns are federal:

Deprivation of Rights Under Color of Law

United States Code Title 18, Section 242: "Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any inhabitant of any State, Territory or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such inhabitant being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined not more than $1,000 or imprisoned not more than one year, or both; and if bodily injury results shall not be fined under this title or imprisoned not more than ten years, or both; and if death results shall be subject to imprisonment for any term of years or for life."


[ Parent ]

Officer Lied to Obtain Warrant in Fatal Shooting | 37 comments (37 topical)

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