More and more, Americans who are guilty of nothing more than noncompliance with the status quo are being targeted by an out-of-control system that bears virtually no resemblance whatsoever to the nation’s constitutional founding principles.
The latest example of “the system” run amok involves a Missouri home schooling family that has filed suit against a local sheriff and another officer after they forcibly entered the family’s home in 2011, used a Taser on the father, pepper spray on the mother and forced their three children into the custody of government social service workers.
County Sheriff and lead officer’s actions ruled unconstitutional by court
As reported by WorldNetDaily, a court has already ruled that the actions of Nodaway County Sheriff Darren White, and one of his officers, Capt. David Glidden, were in violation of the U.S. Constitution – a ruling that resulted in the dismissal of charges of resisting arrest and child endangerment by the parents, Jason and Laura Hagan of New Hampton.
The Home School Legal Defense Association(HSLDA) brought the suit on behalf of the parents, and it seeks compensatory and punitive damages, as well as attorney’s costs and fees. HSLDA is the nation’s leading home schooling legal advocate.
‘Rules apply to them, too’
In an interview with WND, HSLDA senior counsel James Mason said the Fourth Amendment is there to protect individuals against unreasonable searches and seizures.
“We need to be vigilant,” he said. “We need to be willing to stand up for our rights.” He added that, at times, authorities need to be reminded the “rules apply to them, too.”
The suit, filed Nov. 14, alleges that the sheriff and his officer came to the Hagan’s home because a social worker was sent to investigate a complaint about a messy home. The social worker wanted to conduct a second inspection but the Hagans refused, prompting the worker to summon White and Glidden.
Initially, the complaint states, Glidden demanded to be allowed into the home but was denied permission. At that point, the complaint notes, he pepper-sprayed Jason and then his wife.
“Glidden then turned to Jason, who was still standing, and shot him in the back with his Taser,” the complaint states. After Laura closed the front door, Glidden nevertheless continued to trigger the Taser through the closed door. At that time, Sheriff White joined the fray.
“Together they forced open the door and found Laura and Jason lying on the floor,” said the legal foundation.
Both officers “slapped Laura, knocking her glasses off her face,” according to the complaint, then threatened to shoot the family dog. The couple’s telephone was tossed across a room, Laura was called a “liar,” and then both parents were handcuffed, WND reported, citing the complaint.
‘No exception to warrantless entry’
WND then added:
It all took place in front of the three children, ages about 13, 10 and 8, who were taken into state custody, where they remained for months.
When the allegations made by social workers and the officers against the couple reached court, a judge summarily tossed the case.
“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 judge said, further ruling that all information gathered by the sheriff and his officer be inadmissible.
“The state has not offered sufficient, if indeed any, evidence of an exception that would justify a warrantless entry,” the judge said, according to WND.
“The Fourth Amendment strikes a carefully crafted balance between a family’s right to privacy and the government’s need to enforce the law,” said HSLDA in its report, as cited by WND. “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,” the report said. “Court after court has agreed that there is no social services exception to the Fourth Amendment.”
Sources: Patriot Rising
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