"As reported by the Arizona Star, Storie insisted that if the Guerena family had permitted the armed intruders into their home, those inside 'probably … wouldn’t have been arrested.' This is because the 'warrant was not directed at any particular person, and Guerena’s home was not mentioned, but it was targeting whoever might be inside the residence....'
That is to say that this was not a legitimate search warrant, under the requirements imposed by the Fourth Amendment (and expressly incorporated in Arizona law through the state constitution). The instrument used as supposed justification for the armed assault was akin to the 'writs of assistance' used by British soldiers during the years leading up to the American colonial rebellion.
As Judge Andrew Napolitano summarizes, writs of assistance were 'self-written search warrants' that 'enabled [British] soldiers and government agents to enter any private building or dwelling and search for whatever they had authorized themselves to search for.'
In this way, occupation forces could invade any home or business they chose, confiscate any item they suspected might be contraband, and haul away in irons anybody who attracted their malevolent attention."
No comments:
Post a Comment
Note:
The 'Reader Responses; shown on many posts/articles are almost always worthwhile reading.
Often, the comments by readers enhance the posted article greatly, and are informative and interesting.
Hopefully, all will remember to read the reader comments, and post their own as well.
Thanx
*****