Blowback: Longnu, Tyler, & Bethany ^.<3
Birdy Bob: Consequences? Big time.
Birdy Bob: I told you so!
Messerschmidt v. Miller
Issue:
(1) Whether police officers are entitled to qualified immunity when they obtained a facially valid warrant to search for firearms, firearm-related materials, and gang-related items in the residence of a gang member and felon who had threatened to kill his girlfriend and fired a sawed-off shotgun at her? (2) Whether United States v. Leon, 468 U.S. 897 (1984), and Malley v. Briggs, 475 U.S. 335 (1986), should be reconsidered or clarified?
Whether police officers were entitled to qualified immunity for executing a search warrant for firearms and evidence of gang activity in a home after a victim reported that the suspect had threatened her with a gun.
November 4, 2003 Messerschmidt applied for a warrant to arrest Jerry Bowen and a warrant to search the suspect's house. Messerschmidt made an affidavit( is a written sworn statement of fact voluntarily made by an affiant or deponent under an oath or affirmation administered by a person authorized to do so by law.) titled "statement probable cause". The police were called to Jerry Bowen house to accompany his former spouse into the house to get her belongings so that Jerry Bowen could not harm her. After the officers on call accompanied her for about 20 minutes they had an emergency call to tend to and would return when the situation was taken care of. While the officers were gone, Jerry Bowen started assaulting his former spouse Shelly Kelly threatening her and using abusive language. Once Shelly kelly was able to break away from Jerry Bowen and make it into her car; Jerry Bowen disappeared and returned with a black sawed off shot gun. Jerry Bowen fired the gun 5 times only hitting the victim's left front tire of her car. Once Shelly Kelly got away from Jerry Bowen she approached the officers that was at her former residence and told them what happened. She told the officers that Jerry Bowen has a deadly weapon in his possession.
From the information the officers got from Shelly Kelly they placed Jerry Bowen in a line up that contained 6 men. Shelly circled Bowen's picture without hesitation. Once Kelly identified Bowen personally the policed gathered information about him being a part of the Mona Park Crip Gang.
"The Swat team broke into Bowen's home with the warrant & did not find him. Shortly after that, Jerry Bowen was arrested after found hiding under a bed in a motel. "But the affidavit does not set forth any evidence indicating that Bowen owned or used other firearms, that such firearms were contraband or evidence of a crime, or that such firearms were likely to be present at the Millenders' residence"
Nothing was found in the warrant or affidavit says there was probable cause to search or seize the firearms that were listed on the warrant. Probable cause did not exist.
The officers could not prove that the affidavit was attached to the warrant.
Messerschmidt did not use the affidavit at the Millenders' residence to provide more specific direction to the investigators who searched the house
Rather, they seized Augusta Millender's shotgun, which did not resemble the firearm described by Kelly: it had a wooden stock and was neither sawed-off nor had a pistol grip.
" the deputies had probable cause to search for a single, identified weapon, whether assembled or disassembled. They had no probable cause to search for the broad class of firearms and firearm-related materials described in the warrant."
The officers tried to argue in court that Jerry Bowen was seen with this firearm, is very dangerous and is part of a gang so they had probable cause to search for other items inside his house.
The officers were qualified for immunity.
Other related cases:
United States v. Leon
Ewing v. City of Stockton
Ortiz v. Van Auken
Malley v. Briggs
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In order to become a teacher you have to go to college, then get certified as a teacher by the state.
The paper work was really straightforward once we found it!
I wouldn’t make you have to become a student teacher before becoming a real one.
So that when you become a teacher you will know what you doing.
Querida Auriana,
Me llamo Rachel. Yo tengo catorce anos y Mi cumpleaños es el donce de abril. Soy de Florida pero vivo en Filadelfia. Yo soy rubia y mas ó menos baja. Yo soy inteligente, simpática, divertida y cómica.
Me gusta la música la pop, rock y country. Me gusta comida China y la pizza. Me gusta deporte karate y futbol. Me no gusta música la rap, el jazz y clásica. Me no gusta comida Italiana y Mexicana. Me no gusta deporte futbol americana.
¿Cómo eres tu? ¿Cuándo es cumpleaños? ¿Cómo estas? ¿Qué te gustas? ¿ Que tempo hace hoy?
Adios
Rachel Atias
For private institutions trustee board members are the people who carry the authority when it comes to tuition increases. However, for state colleges if little funding is given from the government, increases are inevitable. To change anything, I believe, the support of state officials are needed, they would most likely be them most accessible To attempt to try and plead the the U.S. Department of Education to fight for education to be seen as more of a priority.Students around the country are protesting the constant rising of their tuition prices.
I believe to make any type of change college students must really look to who is in what office in their local areas, more specifically who is their state representative. Students should come together and try and contact their representative to get this issue addresses and to ask what should they be doing to really change their predicament besides protesting or just dropping out. Hopefully by doing this there will be more done about this within the next year or so. If not college may be too far out of reach financially, for many high school students in America.