Daily Archives: November 26, 2014

Private Members #39; Business | Thirty-fourth Amendment of the Constitution (No. 3) Bill 2014
Deputy ine Collins speaking in Private Members #39; Business on the Thirty-fourth Amendment of the Constitution, November 2014.

By: Aine Collins TD

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Private Members' Business | Thirty-fourth Amendment of the Constitution (No. 3) Bill 2014 - Video

Family tased, assaulted, pepper sprayed

A court in Missouri has ruled a raid staged against a homeschooling family in 2011 violated their constitutional rights.

Police entered the home of Jason and Laura Hagan without a search warrant. The couple were shot with tasers and Laura Hagan was slapped in the face by a police officer. Police also threatened to shoot the family dog when the couple refused to cooperate with social service workers. Pepper spray was also used on the couple.

The Hagans were charged with child endangerment and resisting arrest following a previous visit by state officials who claimed their home was messy. The family complied with a first inspection but refused a second, resulting in the police raid.

The Hagans lost custody of their children for months following the raid. The children witnessed the police assault on their parents.

The court ruled the police raid was unconstitutional. The court will not allow [an] exception to sanction warrantless entry into a private residence by pepper spray and Taser. If the officer had a warrant in hand and such force was necessary, that is a different story, but those are not the facts of this case, the court stated.

The Fourth Amendment strikes a carefully crafted balance between a familys right to privacy and the governments need to enforce the law, a report by the Home School Legal Defense Association states. In most situations, government agents cannot simply force their way into a home. Instead, they must explain to a neutral magistrate why they need to enter the home, and they must provide real evidence to support that need.

This rule applies to all government agents. Court after court has agreed that there is no social services exception to the Fourth Amendment.

All too often, law enforcement officers and child-welfare workers act as if the Fourth Amendment does not apply to CPS investigations. They are wrong. The Fourth Amendment is a legal shield that protects people from exactly the kind of mistreatment the Hagans endured.

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The Fourth Amendment | Nwo Report

An attorney has filed a motion to dismiss all charges stemming from the arrest of the Lake County Leader editor on Oct. 1 while he was taking photographs of an accident on Montana 35.

Editor Vince Lovato, of Polson, was charged with resisting arrest, obstruction of justice and disorderly conduct. An omnibus hearing is scheduled Monday morning.

Lovatos attorney, Mike Meloy of Helena, filed the motion to dismiss Nov. 6 on the basis of his clients First Amendment and Fourth Amendment rights.

Meloy claims that Lovato, as a photographer, had a right to record, through his photographs, the actions of the police officer, the accident scene and the driver of the vehicle.

Meloy alleged that the arresting officer, Montana Highway Patrol Trooper Anthony Isbell, had no probable cause to make a warrantless arrest and he arrested the defendant for the sole purpose of preventing him from exercising this well-settled constitutional right.

In addition, Meloy said there was no yellow crime scene tape nor any other visible boundaries demarking an investigation site, and that at no time did anyone advise the defendant that he had entered a crime scene.

Deputy Lake County Attorney James Lapotka, in the states response to the motion to dismiss filed Nov. 21, said that the motion must be denied because there is probable cause to charge and arrest the defendant for obstruction of justice and even if there were not, dismissal of the case is not an appropriate remedy.

Lapotka argues that officers on scene were still trying to evaluate the danger of a leak from a truck involved in the accident a diesel cargo tanker hauling hazardous flammable material that was leaking brake fluid when emergency vehicles arrived. The tanker had been hit head-on by an allegedly drunk woman driving a Toyota Camry on Montana 35 northeast of Polson that afternoon.

Lapotka states that emergency personnel were working to extricate the drunk driver and ensure there was no leak of potentially hazardous material onto the roadway creating a risk to the public and to Flathead Lake. He also says that the stability of the dangerous tanker had yet to be determined and the drunk drivers injuries had yet to be assessed.

The states response continues, Trooper Isbell noticed several items of evidence inside the drunk drivers vehicle and was attempting to control the scene, preserve evidence, protect public and environmental safety and assist with an ongoing medical emergency. Officers from the Montana Highway Patrol and Lake County Sheriffs Office had blocked traffic on the highway and parked patrol cars with flashing lights on the road to create a perimeter.

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Polson editor wants charges dismissed