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« Jeff Sessions has resigned | Main | NRA vs. Cuomo: first round goes to NRA »

"Red Flag Law" leaves man dead

Posted by David Hardy · 16 November 2018 10:46 AM

Story here. His niece seems to be suggesting that the victim's sister sought the order in retribution for a family quarrel. Any process that can be used can be abused, and will be abused unless there are consequences for abuse. Here there are none.

I wonder how those laws square with the Fourth Amendment? Unless the person on the receiving end cooperates, police must search the home. There's no probable cause to believe a crime has been committed. And a residence is at the core of Fourth Amendment protections. Would the courts uphold a search warrant based upon a relative's prediction that the homeowner is at risk commit a crime in the future, unless stopped?

5 Comments | Leave a comment

Mark-1 | November 16, 2018 1:22 PM | Reply

One more law which politicians failed to consider the consequences. I still remember a Staten Island man is dead because of a cigarette tax.

old guy | November 17, 2018 6:18 AM | Reply

Politicians work based on Kantianism which is all about intentions not consequences. So all they have to say is that was not my intention, we intended this.... and everything is okay in politician land.
There needs to be consequences and voting them out is not working.

FWB | November 18, 2018 9:02 AM | Reply

Maybe the cops should be judged by a civilian board.

Maybe everyone should read Cooley(1880) concerning serving of warrants.

Maybe cops are too gutless today to deal with things and they are untrained in managing situations.

I believe the cops should have to wait until the perp shoots first. Then and only then can they respond with force.

There is no intention. Even the person claiming such has no actual idea as to what hiser intentions were/are/might be. Intent in all way, shapes, and forms is bogus.

Old Guy | November 19, 2018 9:07 AM | Reply

Problem is yes we need to hold the cops responsible but we are too often asking them to enforce really bad laws, eg: the Staten Island man is dead because of a cigarette tax.
NYC taxes on cigarettes are so high that it encourages people evading the law. I remember decades ago paying $1.75 in a store for a pack and $2.25 in the machines in Manhattan. In Vermont I paid under $10 for a carton and I was going to Vermont every weekend then.

Brad | November 20, 2018 6:27 AM | Reply

Many odd things about this story.

Aside from right-wing/gun-rights sources, the national media has not covered the story at all. And even the local news has been surprisingly quiet about the victim and his family, no pictures and no racial description.

I don't know, but I strongly suspect the family and victim are black, because the cops involved are white and the anti-gun press doesn't want to tarnish the Red Flag law with inconvenient facts.

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