On Craig Burch's Nasty Comment on Utube

Officer Burch trying to convince me he has a right

 to be at Big Bone asking for my wife.  Wrong!

He should have left the first time he was asked.

Ann,


Thank you for your vote of confidence in my reasoning abilities.  Niki made a complaint on the City of Florence website last night. Sgt. Chad Irwin called this morning upset that she did that.  This can only be because they routinely hide complaints from the city.

We are requesting a full hearing from the Council.  I will need email addresses of Council members, and particularly would like to contact Larry Brown.  I have known Duane Froelicher (and his wife) personally for a long time, and I think this would be a good chance for them to voice displeasure with the way their taxes are being wasted by an overgrown police force.  It is obvious, to me at least, that this was going to be an easy way for this guy to spend his day and add another "solved" case to his credit, instead of doing something worth while.

We are not letting this rest.  Niki's response from the local owner of Chick-fil-A was completely unsatisfactory.  He wanted to focus on his concerns about my children being near an (unmarked) dumpster, but not on his manager filing false charges with the police.  It looks like I am going to be spending some time picketting his business in the near future, unless he comes to his senses and takes satisfactory action.

I look forward to being at the Teaparty on Monday, and perhaps I could request five minutes or so at the end of the evening to present this to the party.

With all best wishes,

James

Dissenting opinion

Justice Douglas strongly disagreed with permitting a stop and search absent probable cause:

"We hold today that the police have greater authority to make a 'seizure' and conduct a 'search' than a judge has to authorize such action. We have said precisely the opposite over and over again." (392 U.S. 1, at 37).

"To give the police greater power than a magistrate is to take a long step down the totalitarian path. Perhaps such a step is desirable to cope with modern forms of lawlessness.  But if it is taken, it should be the deliberate choice of the people through a constitutional amendment." (392 U.S. 1, at 38).  [emphasis added]

Officer Burch is obviously not aware of the law (though he claimed to be telling me  — the Conservation Supervisor! — about Federal Wildlife law), but the Supreme Court has held that it is a form of Seizure to hold a citizen against his will for questioning of any kind once that citizen has made it clear that he does not wish to be detained.  I had already asked him to leave quite clearly at least three times before I could get the webcam in place.  You will hear me ask him to leave repeatedly in the video which is posted on Utube, and to which he made his obscene and disrespectful response.  Craig Burch is also violating the Curtilage law, as you can clearly see in the video, which states that officers cannot come near your house, except to the primary entrance, or look through windows, e. g. into even a basement window.  That requires a search warrant.  Florence police are so little trained that they do this routinely as part of "their job".  This needs to stop, and I intend to see this through to the end.

James
Defensor Lex