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U.S. Supreme Court Rejects Appeal, Refuses to Prohibit Police from Using Lawful Gun Ownership as a Trigger For Raids

U.S. Supreme Court Rejects Appeal in Second Amendment Case, Refuses to Prohibit Police from Using Lawful Gun Ownership as a Trigger for ‘No-Knock’ Police Raids

March 12, 2014

WASHINGTON, DC — The U.S. Supreme Court has refused to hear the case of a Texas man whose home was subject to a no-knock, SWAT-team style forceful entry and raid based solely on the suspicion that there were legally-owned firearms in his household. In denying a petition for certiorari in Quinn v. Texas, the Court let stand a lower court ruling that essentially makes lawful gun ownership and possession grounds for police to evade the protections afforded by the Fourth Amendment and improperly penalizes and limits the Second Amendment right to bear arms. The Rutherford Institute had asked the Court to weigh in on the case and protect Americans against encroachments on their Second Amendment rights.

“Whatever the issue might be, whether it’s mass surveillance, no-knock raids, or the right to freely express one’s views about the government, we’ve moved into a new age in which the rights of the citizenry are being treated as a secondary concern by the White House, Congress, the courts, and their vast holding of employees, including law enforcement officials,” said John W. Whitehead, president of The Rutherford Institute and author of A Government of Wolves: The Emerging American Police State. “The disconnect, of course, is that the Constitution establishes a far different scenario in which government officials, including the police, are accountable to ‘we the people.’ For it to be otherwise, for government concerns to trump individual freedoms, with government officials routinely sidestepping the Constitution and reinterpreting the law to their own purposes, makes a mockery of everything this nation is supposed to stand for—self-government, justice, and the rule of law.”
https://www.rutherford.org/publications_resources/on_the_fro...

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meekandmild's picture

"No knock" warrents are becomming less effective

Look at how many times cops and others have been caught by home security video. nanny cams, live stream videos to watch home and children.

I know how this might sound,

but bear with me.

Every police officer and Sheriff's deputy should keep a picture of the Texas deputy who served a no-knock warrant, and was shot and killed by the homeowner.

Even more, when the district attorney charged the homeowner with capital murder, a grand jury decided to no-bill the charge.

Change is going to come from the bottom up.

I won,t say...

Final nail in the coffin for the constitution, but may be one of the final ones. America now has as it's highest power that was established to protect the citizens & constitution from tyranny now is in step with the tyrannical agenda of the Government. These people should be tried for treason.

up the ante

We need to start building our houses like fortresses.
I will be mine.

"You only live free if your willing to die free."

Lawful ownership?

Something has to be missing here. "Legally owned guns" is a valid reason for a home raid? How does the obeying of the law become considered probable cause to justify a raid?

And "no-knock raids"? How would law abiding gun owners respond to no-knock entry to their house in the middle of the night? It seems like an unnecessary endangerment of both law enforcement and citizens..

The Supremes: Keeping us Free from Freedom!

They do get some right on occasion, which indicates incompetence. If they were truly evil the Supreme's would not get any decisions correct. It seems they get about 10% of their decisions correct which indicates incompetence, not total corruption.

try to Connecticut the dots...

Even w/o the (suspected) unlawful 'possession' of controlled substance in this case
coupled
with the (known) lawful possession of firearms...
the court seems to be siding with the 'threat potential' being the DECIDING factor in diminishing the fourth amendment protection of the 'target'.
so,
I would say this is not 'new'... it's ALWAYS been about 'threat potential' in deciding the 'amount' of 'proper' force.
It's the constant excuse for abuse by police everywhere..
and a Judge ruling that backs this discretionary power is not surprising.

Since Connecticut decided to legislate an ex post facto law now criminalizing that which was previously legal... deadline or no deadline...
the (now) 'felons' are (or can be PRESUMED to be)
in possession of ILLEGAL firearms.
The 'threat potential' is now sufficient (Police and Courts) to justify no-knock searches.
Count on it.. and they didn't NEED the OP caselaw to do it..
it's been SOP for a long time now.

I don't see the problem....

We file charges against the supreme court for blatantly ignoring the constitution in a ruling that was obviously a blatant violation of our rights protected by the constitution which it is the supreme courts sole duty,to see to it that the constitution is adhered to.So we file charges against each individual member of the supreme court & have them removed from office.

......anyone know how we go about starting this?

So your plan is to ask the

So your plan is to ask the courts to enact a just ruling against the courts? Your idea is to find a higher court who won't be corrupt to enforce the law on a lesser court. To play this out, lets pretend you could find such a bastion of justice. Then the court you are trying to rule against would appeal to a court even higher up. If we play this game; assuming you had the money to do it, which you don't, we end up at the highest court in the land. That would be the one who said Obamacare was constitutional. Oops.

Or perhaps you'd like to appeal to the top cop in the nation? Erick Holder (Mr. I smuggle guns to Mexican drug cartels so that when people die, I can confiscate American guns by blaming US gun shows for it. Mr. I was in Sandy Hook before and after the school shooting running drills about school shootings, then tried to use the event to confiscate American guns.

There is no justice when the system of justice is owned by the criminals. To beg the perpetrators of this injustice, pleading with them to punish themselves for our sakes is not only pointless, its demeaning. Justice must come from outside the system, or there won't be any justice. Does anyone have a bat-symbol to throw onto a search light? AVENGERS, ASSEMBLE!!! ?

Cyril's picture

I think you nailed it.

I think you nailed it.

Only thing I can think of adding to your closing line... "Avengers, assemble"...

As bitter and sad as it sounds, I'm afraid we're simply, cruelly in a dreadful binary race against time, either:

1) we can wake up enough people towards more common sense and rational reasoning, timely enough

(that's all the brave, lonely stand of Ron Paul for 40+ years was/is still about; and he didn't end up - after denouncing the Fed for decades first - writing "The School Revolution" without reason, either, btw)

-or-

2) for people to wake up to the ugly truth by themselves, America will need to get hurt first - really hurt; badly hurt; so bad that nothing could disguise it

"Cyril" pronounced "see real". I code stuff.

http://Laissez-Faire.Me/Liberty

"To study and not think is a waste. To think and not study is dangerous." -- Confucius

Can you get an " AMEN " !!?

AMEN

Why, yes you can !

Stēkō

Drew, by the very grace of GOD through the blood of Christ Jesus.
"there shall come after us men whom shall garner great wealth using our system, and having done so shall seek to slam the door of prosperity behind them." George Washington

Damn, Dude!

I can't believe you are posting on the Daily Romney-Rand! You get it!

SteveMT's picture

If government can do this, they can do anything.

Both the case and this non-decision are both real.
--------------------------------------------
http://www.supremecourt.gov/Search.aspx?FileName=/docketfile...
No. 13-765
Title:
John Gerard Quinn, Petitioner
v.
Texas
Docketed: December 26, 2013
Lower Ct: Court of Appeals of Texas, Fifth District
Case Nos.: (05-12-00049-CR)
Decision Date: May 17, 2013
Discretionary Court
Decision Date: September 25, 2013

~~~Date~~~ ~~~~~~~Proceedings and Orders~~~~~~~~~~~~~~~~~~~~~
Dec 19 2013 Petition for a writ of certiorari filed. (Response due January 27, 2014)
Jan 23 2014 Waiver of right of respondent Texas to respond filed.
Jan 27 2014 Brief amici curiae of U.S. Justice Foundation, et al. filed.
Feb 5 2014 DISTRIBUTED for Conference of February 21, 2014.
Feb 24 2014 Petition DENIED.
http://www.supremecourt.gov/Search.aspx?FileName=/docketfile...

There has to be more to this story than this. How is obeying

the law grounds for a search warrant in the first place?

I think in this case the

I think in this case the possession of a "Controlled Substance" is what they got a warrant for and the "No Knock" tactics were used because the firearm ownership.

Once again a clear example of how the War on Drugs is really just a façade to perpetuate and expand the police state in America. I wonder what percent of these no nock raids were for drug possession?

We all share this eternally evolving present moment- The past and future only exist as inconsequential mental fabrications.

3/13

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