Wednesday, July 21, 2010

Broward County SO gets a kick in the ass

from the judge:
“Just as a kind of a query, what legal authority does the sheriff or anybody have to walk in to someone’s home and take property?” [Broward Circuit Judge Dale Ross] said. “Don’t we call that, in the business, stealing?”

[Mila Schwartzreich, the lawyer representing the Broward Sheriff’s Office] said state statute allowed the taking of property when there is a breach of the peace, which Ross again questioned.

“Breach of the peace was when Mr. Weinstein threatened suicide,” Schwartzreich said.

Ross did not seem satisfied.

“What happens is Mr. Policeman shows up at your house and routinely confiscates property,” Ross said. He called the sheriff’s deputies’ actions “well intended,” but added: “You don’t really have authority to take them. And now, lo and behold, they won’t give ‘em back.”

The court is the only entity that can inquire into Weinstein’s mental fitness, he said...
Nice to have the judge tell the LE involved "Just because you have a badge doesn't mean you can make up your own laws."

Original post on this here.

Commenter on the Volokh post points out "Fine, say they had the emergency authority to take his guns and have him checked out: once that was done and the doctor cleared him, they had no damned authority to keep his guns, and yet they claimed "We can't give them back until you get a court order(my wording)."

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