Not just a warrant, but the response has to be timely, if it’s under reasonable grounds for searching for a injured person… unless of course they have really good new info, lie hearing screams or seeing a trail of blood. Obviously it’s lacking here.
I highly doubt the weed was moaning, bleeding out and saying it was dying… so we van rule out sensory indications. Likewise, this was if I recall correctly, a street brawl. Just because you disrupt the public order outside doesn’t mean your the Texas Chainsaw Massacre family on the inside, the two kind of crimes may overlap, but only in the most outrageous of extremes.
We established the 4th Amendment for exactly this reason… Boston Merchants had been subject to Writs of Assistance, which last for the remainder of a kings reign, plus six months, where the police can endlessly molest property owners, checking out and seizing property. In the most important case, what lead more or less directly to the logic we used for crafting state bills on warrants, as well as the fourth amendment, was a case of a merchant volunteering to a search of his home and business. They got to the basement, saw a room locked… he refused to open it, police said they would force it open, he said no, they had no right, you do that, he would physically resist all unlawful actions.
They went, got a writ for that cellar specifically, found the house barracaded and surrounded by 300 locals, gave up, went back to England, got troops to occupy Boston.
Then there was a tea party in the Harbo, so on and so forth.
This is exactly the same situation.
What is a further insult, the supreme court of the state that was present for the case, wasn’t fully present, in relation to the number who voted in the end. This one justice wasn’t present, and isolated the judgment to audiotapes.
The whole theory of a supreme court us to have the whole court in judgment literally sit there on a fucking bench, together. You can’t have two supreme courts, ruling simultaneously… if they are separate, then they don’t represent the final consensus of the law. It means some other judge was that also has a final say was off doing who knows what.
This doesn’t mean the supreme court can’t half die in a plane crash and still carry on with the survivors. It means half can’t meet, and another iof it’s judges who were aloof make a counter ruling, upsetting the other supreme courts ruling, cause he was kissed off that they made a shitheaded decision without including him in, as he is a head honcho too.
While courts haven’t always had audio transcripts, they have always had writing. Judges, as well as Juries, are expected to be in the courtroom, present, so the defendant can eye them for examination to make sure they aren’t violating his rights, so he may seek an appeal, and vice versa, so they can see to his character and mannerism.
We don’t know what this lady was doing when she was listening to these tapes… her kids could if been breaking vases, dog pissing on her great grandmothers carpet, stopping the tapes to go out to eat, listening to them in the background while watching her soap operas, while fucking in bed… this guy clearly got shafted on his side of justice in not being able to see one of the judges that was reviewing his case, to assert his right to arguments and to be cross examined by her.
Judgment in a supreme court doesn’t have to take place in the court, it can take months, take place mostly at home in a study looking over precedent and laws… but for crying out loud, you gotta be present for the case, if your going to judge the appeal. We don’t do invisible justice, where a ruling is handed to you by a invisible judge. This is a scary precedent. Whats to stop a defendant from being dragged into a dark room with a light over his head, no judge in sight, can’t see the prosecutors or jury? Can’t hear them unless they want you to. Your defendant is talking on a headset, a bailiff is telling you to ask random questions…
No, honestly, fuck that. Appeal courts can rule on the legality of court rulings below them, but that’s hardly invisible… the defendant gets to be there. This is the first time I heard of a new judge phoning in a judgment to a case she wasn’t present for, at all.