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Louisiana Jefferson Parish deputy invades home without a warrant

Discussion in 'Incidents of Police Abuse, Misconduct, Negligence' started by M, Apr 20, 2014.

  1. M

    M Muckraker

    Perp: Not yet named

    Victim: Don Rell Breaux (Donrell Breaux)

    Department: Jefferson Parish Sheriff's Office

    Location: Jefferson Parish, River Ridge, Louisiana

    ________________________________________
    Expert: JPSO appears to violate suspect's Constitutional rights

    Eric Banegas shot the video of the incident and posted it online. He says on his facebook page, "The jpso report is false in so many areas. They're trying to bring up old charges like that has any relevance to the situation. They need to stop trying to protect these dirty cops and making excuses...the real evidence is on the cameras but I doubt my neighbor will give up his footage..sign of guilt??"

    When he posted the video initially, he commented, "This Jefferson parish officer over steps his boundaries..it's a shame that police can pick and choose who they serve an protect."

    ...

    Constitutional experts have questioned the deputy's right to enter the home and conduct the arrest. Loyola Law Professor Dane Ciolino says the deputy does not appear to use improper force, but the Constitutional law expert does question if Breuax's rights were violated. "It does not appear the officer affecting this arrest used excessive force," the professor told WWL First News. "I do have serious questions about whether the officer should have entered the subject's house to affect the arrest without having a search warrant."

    He says it appears to be a violation of the 4th Amendment to the U.S. Constitution. "Typically the 4th Amendment requires a search or an arrest warrant to affect an arrest inside of a home... there does not appear to me to be any exception to that warrant requirement that justifies a warrantless entry," Ciolino said. "There doesn't seem to be any compelling reason." He says the deputy would typically need involve "hot pursuit or a threat of harm to the officer or the public." He says there also does not appear to be the risk of any loss of evidence or escape of the arrestee. The professor says it does not appear any of that existed in this case. He says the officer should have gone to a magistrate and secured an arrest warrant after showing probable cause.​

    http://www.wwl.com/Expert--JPSO-appears-to-violate-suspect-s-Constitu/18743713
  2. M

    M Muckraker


    Published on Apr 2, 2014

    Watch and listen carefully as this Jefferson parish officer over steps his boundaries..it's a shame that police can pick and choose who they serve an protect..
    http://www.wdsu.com/news/local-news/n...
  3. M

    M Muckraker

    Man seeks answers as Jefferson Parish arrest video goes viral

    When the deputy arrived, Breaux says he did not identify himself and tried to force his way into the residence. The video shows the deputy trying to handcuff Breaux, and one can clearly hear Breaux repeatedly asking the officer why he is being arrested. The deputy responded, "I don't answer to you." Breaux says he was arrested and charged with battery of a police officer, resisting arrest and disturbing the peace.

    http://www.wdsu.com/news/local-news...parish-arrest-after-video-goes-viral/25296730

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