alt Hacker NewsBack in 2019 the police in Fresno stole a bunch of rare coins during a search of a house where the warrant did not cover anything like said coins, valued at $125,000, by reporting that they seized $50,000 when they actually took twice that much in cash and the coins. The 9th Circuit ended up deciding that while it was obviously morally wrong, qualified immunity applied because there's clearly established case law that stealing property that was specifically targeted for a search does violate the Constitution, because there's no analogous case regarding property stolen by police that the police did not know was there and are not covered by the warrant, there's no clearly established violation of the 4th Amendment even though it is literally an unlawful seizure of property. Supreme Court denied cert, allowing the decision to stand. I wish I was joking.
https://law.justia.com/cases/federal/appellate-courts/ca9/17...
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Despite how the USA barely pretends to be egalitarian, there is 100% an importance totem pole, with billionaires and businesses on the top, then politicians, the police, the military, religious leaders all somewhere in the middle in some order, and then the rest of the population on the very bottom. Any fight between these cohorts will be decided based on where they are on the totem pole, not based on the law, the Constitution, or what's right.
Please, please tread on me.
Qualified immunity is a stain on American jurisprudence and an insult to the idea of America as a free society.
Demand of people who want your vote in the coming elections that they support a legislative correction to this judicial activism. This country was founded in large part because 250 years ago the British sent soldiers into American cities and American homes, with powers to detain, arrest and deprive of life and liberty with no accountability. If a colonial was wrongly treated they would force adjudication in favorable courts back in Britain, effectively making their soldiers immune from accountability.
The fact our judicial system has saw fit to independently replicate this injustice that none of us voted for is a crime against the very notion of what it means to be an American. Hold your leaders accountable.