Police Seize Chicks Without A Warrant! ****PHOTOS ADDED****

[wombat]

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She already got her flock back. In next week's episode, the angry judge who got sidestepped by the town council will order the council spanked.

 

[Sonoran Silkies]

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I have mixed feelings on this one; I do believe they need somerepercussions. In criminal cases where the police have overstepped their bounds, there have usually only been indirect consequences from the judicial system--cases tossed, evidence disallowed, even previously adjudicated cases re-opened for new sentences and/or trials or even convictions tossed. Now there may be some indirect, but severe consequences from the standpoint of job assignements or even firings, but those would have been from the employer: police superiors, not the court.


Cphillip, in response here is an excerpt from wikipedia on the Bill of Rights:

It is commonly understood that originally the Bill of Rights was not intended to apply to the states; however, there is no such limit in the text itself, except where an amendment refers specifically to the federal government. One example is the First Amendment, which says only that "Congress shall make no law...", and under which some states in the early years of the nation officially established a religion. A rule of inapplicability to the states remained until 1868, when the Fourteenth Amendment was passed, which stated, in part, that:

“ No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. ”

The Supreme Court has interpreted this clause to extend most, but not all, parts of the Bill of Rights to the states. Nevertheless, the balance of state and federal power has remained a battle in the Supreme Court.

I will add that neither high school civics nor college poly sci nor a career in the military nor life in general have given me this "common understanding."​

 

[cphilip]

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I have mixed feelings on this one; I do believe they need somerepercussions. In criminal cases where the police have overstepped their bounds, there have usually only been indirect consequences from the judicial system--cases tossed, evidence disallowed, even previously adjudicated cases re-opened for new sentences and/or trials or even convictions tossed. Now there may be some indirect, but severe consequences from the standpoint of job assignements or even firings, but those would have been from the employer: police superiors, not the court.


Cphillip, in response here is an excerpt from wikipedia on the Bill of Rights:

It is commonly understood that originally the Bill of Rights was not intended to apply to the states; however, there is no such limit in the text itself, except where an amendment refers specifically to the federal government. One example is the First Amendment, which says only that "Congress shall make no law...", and under which some states in the early years of the nation officially established a religion. A rule of inapplicability to the states remained until 1868, when the Fourteenth Amendment was passed, which stated, in part, that:

“ No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. ”

The Supreme Court has interpreted this clause to extend most, but not all, parts of the Bill of Rights to the states. Nevertheless, the balance of state and federal power has remained a battle in the Supreme Court.

I will add that neither high school civics nor college poly sci nor a career in the military nor life in general have given me this "common understanding."​

Agreed. Just a point I had to make. I, for one, believe that the entire thing should be incorporated myself. To every state.

 

[chickenlover54]

read the 8th comment at the bottom of the page or it might nt be 8 when you guys read it was posted by K.J its horrible. made me sick.

 

[Sonoran Silkies]

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No idea what you are talking about? The only K.J. I found listed has not posted on this thread. Each post has a number listed at the right hand side of the page. Each page # is also listed at the top and bottom.

 

[twentynine]

In the previous thread pertaining to this lady's troubles I advised her to fight for what she thought was right. My advise and opinion has not changed.
The original thread discussed how the subject of this thread opened and used a road side stand to market her product. And if I am not mistaken an unseated counsilman took acception. It was also discussed that a road side market is/was common practice.
At that time the original subject was saying she was going to sell off her flock. I thought it strange that the thread died, however I think the OP chose wisely to keep quiet while the action was going on. I still think it is smart for her not to respond, no need in giving any one specially oponents words to fight with.
Constitution-rights-violation of such, it is my prediction that this will be over and done without going so far down the road. I have no idea what is legal or illegal for the police/animal control to sieze. But I do have an inkling that the original subject will have heck's own time to get a judge to put a policeman or councilman in jail. Ain't going to happen in any small town, might be against the constitution but as is often the case these small towns sometime operate as if the law is what they say it is.
The original subject got her chickens back, better settle for good-enough. Biosecurity, well unless the original subject raised her chickens in absolute isolation. No contact with wild birds, errant insects and humans. I'd be happy to get the birds back, they have been back a week-two weeks, call it good to have none get sick.
Remember the original subject has a lot of chickens in what I would call a very small area. People who don't raise chickens and most don't, can only relate in terms of animals they are familiar with. How many chickens? How many cockerals? How many roosters?
Remember all rights and all desires are not absolute.
I live in a rural, only recently zoned area. Heck far as I know it might probably be legal for me to keep elephants. Now if you went across the road and asked my neighbor if it was legal, they'd have a differing opinion, wouldn't they?

 

[twentynine]

Please excuse references to a previous thread it appears that my memory is/was faulty.

 

[chickenlover54]

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No idea what you are talking about? The only K.J. I found listed has not posted on this thread. Each post has a number listed at the right hand side of the page. Each page # is also listed at the top and bottom.

LOL my mistake I meant on the other website where the news article was. Sorry I didn't mention that.

 

[Sonoran Silkies]

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No idea what you are talking about? The only K.J. I found listed has not posted on this thread. Each post has a number listed at the right hand side of the page. Each page # is also listed at the top and bottom.

LOL my mistake I meant on the other website where the news article was. Sorry I didn't mention that.

I'm still confused--do you have a link?

 

[chickenlover54]

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LOL my mistake I meant on the other website where the news article was. Sorry I didn't mention that.

I'm still confused--do you have a link?

Yes its on the OP go all the way down to the bottom of the page on the other website and thats where the comments are.