LAPDOG COLLIER, who has been nothing more than a puppet for CORRUPT MEDINA PROSECUTOR DINO HOLMAN for many years, is prepared to CONVICT SANTA CLAUS AT THE WHIM AND WISH OF HOLMAN.
While LAPDOG COLLIER is not noted for his brilliance (in fact, LAPDOG COLLIER is quite the dullard; See http://medinacorruption.blogspot.com/2010/11/garbage-in-garbage-out.html), the following not-so-well reasoned opinion by LAPDOG COLLIER simply takes the cake.
Regular readers of this blog will recall that the UNITED STATES SUPREME COURT has ruled that an uncorroborated tip from an informant is not sufficient to establish probable cause for an arrest of a citizen. Suspicion, OR BELIEF, is not enough, but requires a certain amount of fact-finding by the officer.
This bulwark in the laws of arrest and search & seizure can be easily found by reading the 1983 UNITED STATES SUPREME COURT HOLDINGS in Illinois v. Gates, 462 U.S. 213, an overview of which can be found at http://supreme.justia.com/us/462/213/
Of course, LAPDOG COLLIER believes differently.
PRESENTED HERE IS THE COMPLETELY INCORRECT STATEMENT OF THE LAW OF ARREST AND SEARCH & SEIZURE PRESENTED BY LAPDOG COLLIER, THE VILLAGE IDIOT, TAKEN FROM PAGE 237 OF THE TRIAL TRANSCRIPT.
LAPDOG COLLIER, THE VILLAGE IDIOT, ADDRESSING DEFENSE COUNSEL, SAID:
"Let me stop you for a second.
Whether they were - - it doesn't matter, frankly, what happened. What matters is what they believed at the time they made the arrest. That's the key. What the police officer had a reasonable articulable belief for making a determination as to whether or not the arrest was a proper arrest or not. If subsequent to that there are - - there is some indication that the information they received was not correct, or was different from the information they did received, that's interesting, but it doesn't invalidate the warrant or doesn't invalidate the arrest. The arrest is on the information they have. Did a reasonable officer, under these circumstances, reasonably believe that this offense occurred."WHAT A COMPLETE AND TOTAL MORON!
This "opinion" by LAPDOG COLLIER demonstrates just how little he comprehends of the law.
IT'S NOT WHAT AN OFFICER BELIEVES BUT, RATHER, IT'S WHAT AN OFFICER KNOWS AT THE TIME OF ARREST!
This is precisely the level of incompetence that arises from LAPDOG COLLIER being granted a lifetime, uncontested appointment to the Medina County Bench by CORRUPT MEDINA COUNTY PROSECUTOR DINO HOLMAN.
Under LAPDOG COLLIER'S theory of the law, one of the Medina County Sheriff's Deputies like Douglas Clinage or Frank Telatko, who have obviously had advanced police training in Pennsylvania from the KEYSTONE COPS, could actually believe that Santa came down the chimney and ate all those chocolate chip cookies on the kitchen counter.
Based upon that unfounded belief, according to LAPDOG COLLIER, the next passerby wearing a Santa Claus suit could be arrested and charged with Burglary, and if Santa just happened to bring a BB gun down the chimney, he could be charged with AGGRAVATED BURGLARY.
ACCORDING TO LAPDOG COLLIER, THAT WOULD BE A PERFECTLY JUSTIFIABLE ARREST IN MEDINA COUNTY.
Such, however, is not the state of the law outside of Medina County. AN ARREST CANNOT BE BASED UPON BELIEF, OTHERWISE KNOWN AS SUSPICION.
There is a wide body of law which permits an officer to make an arrest ONLY UPON THE FACTS KNOWN TO THE OFFICER.
FACTS AND BELIEF ARE WIDELY DIFFERING LEGAL CONCEPTS, AT LEAST OUTSIDE MEDINA COUNTY.
THE LEVEL OF IGNORANCE AND INCOMPETENCE DISPLAYED BY LAPDOG JUDGE COLLIER WOULD SEEM TO RISE TO THE LEVEL OF CRIMINAL NEGLIGENCE.
IT IS CLEAR FROM HIS OWN LEGAL THEORY, AS SET FORTH ABOVE, THAT LAPDOG COLLIER CAN RIGHTLY LAY CLAIM TO THE TITLE OF VILLAGE IDIOT!
MUCH MORE TO COME .....
No comments:
Post a Comment