By Sam Frescoe
http://samfrescoeproject.blogspot.com/
#SamFrescoe
On 2 Sep 2017, the public became aware of the actions of a
Salt Lake City Detective.
In my view, the actions of the Detective are completely
unacceptable at all levels (his singular actions are not excusable); however, the
actions of the Nurse are completely commendable at all levels (she singular
actions must be heralded for all to hear, see, and learn).
So What?
This is why…
- The
Constitution matters – It’s our supreme law that protects your rights by
restricting the government and its actors.
- The
Fourth Amendment matters – When the 4A states “persons” it means our bodies in
their entirety.
- Criminal
Law matters – The Detective battered the nurse.
- Civil
Law matters – The Detective battered the nurse.
- Civil
Rights matter – Failure to execute due process of law.
Bottom Line
America is a REPUBLIC for this very reason; rights by law matter.
America is NOT a democracy; privileges by brute strength are
not rights.
Going Forward – A Solution
The just role of government is to nullify the aggressor and
restore the rights of the defender.
SOLUTION-1: Restore the just rights of the nurse. Drop all
charges. Pay all losses to wages, legal fees, and court costs. Ensure her privileges
are fully reinstated at her place of employment.
SOLUTION-2: (Local Actions) Actor-1 must be punished in
proportion to his willful violations: 1) remove his law enforcement credentials
indefinitely; 2) terminate his employment indefinitely (includes all pays, allowances,
benefits, retirements, pensions, policies, and privileges).
SOLUTION-3: (Local Actions) Actor-2 and Actor-3 are to be reprimanded
for failure to act. This should result in a reduction in pay for one year and ineligibility
for promotion for two years.
SOLUTION-4: (State Actions) Actor-1 must be charged,
arrested, and tried for battery under criminal law. If convicted, then the
maximum punishment must be attached and executed.
SOLUTION-5: (State Actions) Actor-1 must stand trial for
battery under civil/tort law. If found negligent, then the maximum monetary judgment
must be attached (up to the full value of his home and estate to include all
insurance policies).
SOLUTION-6: (Federal Actions) Actor-1 must stand trial for
violation of civil rights of the nurse.
SOLUTION-7: (Federal, State, Local Action) Present a medal,
of appropriate honor, onto the nurse with full citation noted courage, bravery,
and steadfastness.
LAW-1: "In order to prevent misconstruction or abuse of
its powers...restrictive clauses" are added (Bill of Rights, Preamble)...“The
right of the people to be secure in their persons…against unreasonable searches
and seizures, shall not be violated, and no warrants shall issue, but
upon probable cause, supported by oath or affirmation, and particularly describing
the place to be searched, and the persons or things to be seized.” (US
Constitution, 4A)
LAW-2: In criminal law,
a physical act that results in harmful or offensive contact with another's
person without that person's consent. (General Definition, https://www.law.cornell.edu/wex/battery)
LAW-3: In tort law,
the intentional causation of harmful or offensive contact with another's person
without that person's consent. (General Definition, https://www.law.cornell.edu/wex/battery)
FACT-1: Actor-1, a police detective, knowingly violated
Law-1, Law-2, and Law-3 without cause. Actor-1, having been shown the law and
local agreement of authorities failed to discharge his duties in accordance
with the agreement, the law, and the Constitution; thus, willfully elected to
violate his oath of office and sacred public trust. Evidence as shown by body-cam
video and witnesses present.
FACT-2: Actor-2 and Actor-3 (standing in close proximity to
the event), both uniformed officers, having witnessed violation of Law-1,
Law-2, and Law-3 may have neglected their duty to uphold the law and keep the
peace; thus, may be in violation of their oath of office and sacred public
trust.
FACT-3: The nurse executed her duties to the fullest extent
possible and while under duress.
Your View
Your thoughts and perspectives are important. I invite you
to tell me what you believe with the comment section.
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