Wednesday, February 28, 2018

Due Process

Florida has a statute that could have had Cruz hauled in, legally, based upon "probable cause" and held until bail could be made. His weapon[s] could also have been seized as evidence. A lot of folks seem to be upset with Trump for his statement today, 'Take the guns first, and go through due process second'.
Some folks are confused about what is in the 4th & 5th Amendments & are doubly confused by the Due Process Clauses. "Unreasonable" & "Arbitrary" are your key words. You might want to bone up on this a bit before accusing anyone of unreasonable or arbitrary application of Due Process.
BLACK'S LAW DICTIONARY 9th edition. Arbitrary: depending on individual discretion, determined by a judge rather than by fixed rules; procedures or law of a judicial decision founded on prejudice or preference rather than on reason or fact.
Black's Law Dictionary Free Online Legal Dictionary 2nd Ed. When is SEARCH AND SEIZURE UNREASONABLE? 1. An unlawful search conducted with no legal authority 2. A search that is harsh and intense that violates rights of the person being investigated.
I take no exception with Trump’s quote. That’s how it works folks. If there is objection, take it to the court and let them sort it out. In the meantime, the firearm[s] are locked up in evidence.

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