Entrapment?
LOS ANGELES (Reuters) - A Mexican national may sue the U.S. government for selling him a car with a hidden load of marijuana, and then arresting him when he tried to cross the U.S.-Mexico border in it, a federal appeals court has ruled.
The Ninth Circuit Court of Appeals found Monday the government's argument that it should be immune from Jose Aguado Cervantes' lawsuit was "so off the mark as to be embarrassing."
The appellate panel reinstated Cervantes' negligence claims against the government for allegedly failing to find and remove the drugs from the car he purchased in July of 1999 at a U.S. Marshals Service Auction in San Diego, California.
Four months earlier, the car was seized by the Immigration and Naturalization Service after it was used to transport illegal immigrants into the United States but agents apparently failed to notice 199 pounds of marijuana secreted in its bumpers, the court said.
But the justices decided that Cervantes, a resident of Mexico, could not sue for false imprisonment or false arrest because U.S. Customs agents who found the pot when Cervantes tried to cross the border from Mexico to the United States in October of 1999 "had reasonable cause to believe his arrest was lawful."
Cervantes spent three and a half months in jail, charged with drug smuggling. He was released after U.S. investigators realized that the marijuana, which had been welded into the bumper, was so decomposed that it could not have been placed there just months earlier, Cervantes' attorney Stephen Estey of San Diego said.
Where there is no vision,the people perish!
The Ninth Circuit Court of Appeals found Monday the government's argument that it should be immune from Jose Aguado Cervantes' lawsuit was "so off the mark as to be embarrassing."
The appellate panel reinstated Cervantes' negligence claims against the government for allegedly failing to find and remove the drugs from the car he purchased in July of 1999 at a U.S. Marshals Service Auction in San Diego, California.
Four months earlier, the car was seized by the Immigration and Naturalization Service after it was used to transport illegal immigrants into the United States but agents apparently failed to notice 199 pounds of marijuana secreted in its bumpers, the court said.
But the justices decided that Cervantes, a resident of Mexico, could not sue for false imprisonment or false arrest because U.S. Customs agents who found the pot when Cervantes tried to cross the border from Mexico to the United States in October of 1999 "had reasonable cause to believe his arrest was lawful."
Cervantes spent three and a half months in jail, charged with drug smuggling. He was released after U.S. investigators realized that the marijuana, which had been welded into the bumper, was so decomposed that it could not have been placed there just months earlier, Cervantes' attorney Stephen Estey of San Diego said.
Where there is no vision,the people perish!
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Liberal nutjobs protested outside Tucker Carlson't house, and broke his front door. If his wife had opened the door slightly, stood inside with a firearm, and fired at the first nutjob who came thru the door, would it have been legit or entrapment? 0 -
To the media it would have been cold blooded murder by a radical right wing woman that was probably abused daily by her husband.
I don't see any other choice except to shoot the home invader. It take huge force to bust a entry door.0 -
they were already on private property and did damage ....perfectly legit to defend your property and person in the middle of the night if the nutball cowards choose to act that way.... 0 -
Once you "break down the front door," all bets are off. 0 -
They are going to get shot, break my door down, not good. Carlson needs a WALL, like Barry and Hillary has, to keep the rotten out. But yet Barry and Hilly says no walls as they live behind one. 0 -
quote:Originally posted by Grasshopper
They are going to get shot, break my door down, not good. Carlson needs a WALL, like Barry and Hillary has, to keep the rotten out. But yet Barry and Hilly says no walls as they live behind one.
As soon as I hear the door starting to give hell will be upon those on the other side.0 -
My bet, his wife wouldn't allow guns in the house. 0 -
This would go a long way to helping the situation. How long have ANTIFIA been getting away with wearing masks.
Exclusive ? NYC 9/11 Top Cop Bernard Kerik: FBI Must Classify ANTIFA as a ?Domestic Terror Group?
https://www.breitbart.com/radio/2018/11/09/exclusive-nyc-9-11-top-cop-bernard-kerik-fbi-must-classify-antifa-as-a-domestic-terror-group/0 -
quote:Originally posted by droptop
This would go a long way to helping the situation. How long have ANTIFIA been getting away with wearing masks.
Exclusive ? NYC 9/11 Top Cop Bernard Kerik: FBI Must Classify ANTIFA as a ?Domestic Terror Group?
https://www.breitbart.com/radio/2018/11/09/exclusive-nyc-9-11-top-cop-bernard-kerik-fbi-must-classify-antifa-as-a-domestic-terror-group/
Must be nice to pick and choose, all the while leaving out the BLM.0 -
If anybody breaks in my house at night or even in the day they run the risk of being carried out. Too old to fight or run. Only one other option. 0 -
"Entrapment" generally refers to law enforcement "encouraging" an illegal act vs a citizen being slightly "careless". 0 -
Only the government can entrap. 0 -
quote:Originally posted by kimi
quote:Originally posted by droptop
This would go a long way to helping the situation. How long have ANTIFIA been getting away with wearing masks.
Exclusive ? NYC 9/11 Top Cop Bernard Kerik: FBI Must Classify ANTIFA as a ?Domestic Terror Group?
https://www.breitbart.com/radio/2018/11/09/exclusive-nyc-9-11-top-cop-bernard-kerik-fbi-must-classify-antifa-as-a-domestic-terror-group/
Must be nice to pick and choose, all the while leaving out the BLM.
It's a felony to wear a mask in public in VA. Several out of town ANTIFA found that out the hard way when they showed up in Richmond for a rally and promptly went to jail when they put on their masks.0 -
quote:Originally posted by bpost
To the media it would have been cold blooded murder by a radical right wing woman that was probably abused daily by her husband.
I don't see any other choice except to shoot the home invader. It take huge force to bust a entry door.
Yep
DEMOCRAT media has long hated FOX news. They have no problems inciting mob type violence towards their political foes. It is when people fight back, like Trump, the evil DEMOCRATs hypocrites blame those they attack for being violent. Alinski 101
I for one find it troubling there are people that place credence or importance on the likes of CNN or MSNBC. These networks are a combination of hate groups and DEMOCRAT party fronts.
Who know how low media elites like Acosta and Lemon will go. One can assume they will start hurling feces and slinging urine at members of GOP and NRA they so despise.0 -
Ah, the Burt Gummer defense. 0 -
quote:Originally posted by spasmcreek
they were already on private property and did damage ....perfectly legit to defend your property and person in the middle of the night if the nutball cowards choose to act that way....
Does the Castle law apply in DC. ? Would make a difference0 -
quote:Originally posted by Cornflk1
quote:Originally posted by spasmcreek
they were already on private property and did damage ....perfectly legit to defend your property and person in the middle of the night if the nutball cowards choose to act that way....
Does the Castle law apply in DC. ? Would make a difference
I would be shocked and pleasantly surprised if DC has a Castle Doctrine. DC after all tried to make it illegal to own a handgun in your own home.0
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