Illegal search and seizure

The guy seemed very gung-ho on the tape, if he has been promoted it is because some one in the SO likes him. It is not atypical to protect someone like that in this situation.
 
The LEO and non-LEO groups are in considerable disagreement.
At least on the surface it certainly looks to me as though a illegal search was made.

This is as illegal as a search can get. It lacerates the public trust of law enforcement agencies and personnel. It is disgusting.
 
This is a clear illustration of the difference between "Law Enforcement Officers" (anti-constitutional and un-American) and "Peace Officers". A Peace Officer would have arrested those Law Enforcement Officers for violating the victim's rights and thereby endangering the peace and safety of the community.

To all "LEO" types:

You have sworn an oath to defend the Constitution and enforce the law. An ordinance or statute is NOT a law if it violates any rights protected by either the United States Constitution or your State's Constitution. Further, it is NOT a law if it exceeds the legislative authority authorized by the relevant Constitution. These are established principles of American jurisprudence. If you enforce such an ordinance or statute, you are guilty of violating the arrested person's rights under color of law. By so violating your oath, you are also guilty of treason. Each of you must make a choice: you can, on the one hand, "go along to get along" and just follow orders (Nuremberg trials, anyone) or, you can preserve your honor by only enforcing the true law.

It is up to you to know the Constitution and is not difficult to do so - the entire document contains far fewer words than do most of the "laws" you are expected by your "superiors" to enforce. And, please, no "cop-outs" - do not shrug and say, "Let the courts decide." If you are intelligent enough to enforce the law, you know better than to do that. That is the way of the lazy thug.

In the long run, principles are practical. Act as a true Peace Officer and you set an example for your fellows in service. If enough of them follow your lead, the community will support all of you; your job will become safer and easier. You will also be able to hold your head high, having given yourself the most important gift of all - unblemished honor.
 
While it seems possible that Hart had broken some local and state laws by discharging a firearm within town limits (while I don't know about California, this would be an issue in NJ, and grounds for arrest), there seems to be an overreaction once he was in custody.
Seems that Hart may have a case here.

Fact is that the CA Judge threw out the unlawful discharge of a firearm charge.

Hart takes a misdemeanor charge to avoid prosecution for 5 felony charges. Does the misdemeanor conviction entitle the Sheriff's Dept. to keep the firearms they confiscated?

This really is distrubing. And those Deputies should be ashamed - they acted like common thugs.

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