Hint to BATF: Double check your warrant!

[Kharn]

When Scalia, Thomas and Reinquest all dissent, something definitely deserves a closer look. But its good Mr. ATF Agent was put in his place by the highest court in the land.

Kharn

 

[Bruce H]

Kind of makes one wonder if there isn't three justices that support the constitution when it suits them. The warrant was so screwed up there is no reason for immunity. It would really be great if this would put a stop to unnamed sources for warrants.

 

[7.62FullMetalJacket]

Personal accountability makes sense. No Nuremburg defense.

Agent 1: This is the place.

Agent 2.: No, the address is wrong, and the name on the mailbox is different.

Agent 1: So what? They look like scumbags anyway.

Agent 2: Hey, we are responsible for this. We need to verify with our highers.

Agent 1: Hey, we have orders!

Agent 2: Yeah, we have a warrant for a house that isn't here.

Agent 1: We have to do this. The Capt. gave us a green light.

Agent 2: Capt. Remo, this warrant is wrong. Where did we get this information and why id the warrant FUBAR?

Remo: Unnamed source. I am told it is reliable. Knock down the door.

Agent 2: I refuse to follow that order. The warrant is invalid. GROH v. RAMIREZ says I am accountable here and I will not serve the warrant.



Accountability will bring a necessary review to the foot soldier level, the guy in the field with possibly contradictory facts staring him in the face. It will cause errors, but errors on the side of caution.

 

[cracked butt]

"The Bush administration supports Groh, arguing that a clerical error made in good faith should not leave federal agents personally vulnerable to a lawsuit.
"

Yeah, try defending yourself when you make an accidental mistake on a BATFE or Treasury Department form in good faith. I deal with BATFE forms (Treasury Department) at work in accounting for 200 proof ethanol consumption for tax purposes. You have to justify every line of the forms no matter how mundane or absurd. By contrast, the DEA has a better understanding of what we do and gives us some leeway in our procedures and recording of controlled substances. I guess its the difference between having someone with their hand in your pocket and another who is off in the distance just trying to keep you honest.

 

[CaesarI]

When Scalia, Thomas and Reinquest all dissent, something definitely deserves a closer look.

Is anybody else worried when there aren't any people who believe in the entire constitution as written on the Supreme Court? We had to rely on Ginsburg for this kinda stuff. Puts a bad taste in my mouth.

-Morgan