In today's criminal justice news, Garner (NC) police cited a black woman for playing "Malcolm X speeches" too loudly – claiming she violated a noise ordinance that is unconstitutional

When she played them again, 9+ cops did a midnight raid to take her family's phones and laptops https://twitter.com/LeighTauss/status/1129496747129102337
We talked about the ordinance at issue in this thread last month: https://twitter.com/greg_doucette/status/1120899003196039168
Let's be crystal clear on what we're talking about here: Garner PD did a night raid on a middle class family

Over a noise ordinance

And Malcolm X

https://indyweek.com/news/wake/the-garner-cops-mikisa-thompson-malcolm-x/
This wasn't a raid to arrest an armed fugitive. It wasn't even a raid to imprison someone for committing a heinous crime.

It couldn't be, because NC's statute allowing towns to enforce ordinances only allows fines unless the ordinance specifies jail time

https://www.ncleg.gov/EnactedLegislation/Statutes/PDF/BySection/Chapter_14/GS_14-4.pdf
But let's set aside the constitutionality of things for a minute

How was her alarm clock violating the noise ordinance?

What did her computer monitor do to merit seizure?

Were her and her kids' iPhones somehow responsible?

https://indyweek.com/news/wake/the-garner-cops-mikisa-thompson-malcolm-x/
Here's what the search warrant application requested to be seized

Notice: there's no requirement that the neighbor actually be able to hear the sound produced. Garner PD wanted to take everything "sound producing" that could merely be pointed "toward's neighbors residence"
Have an iPhone? Garner PD will take it, because theoretically you could point it north at some point

Have an alarm clock? Garner PD will take that too, for the same reason
The taxpayers of Garner are allowing their Police Department to be used for *the criminalization of alarm clocks* y'all
This was about more than just noise played on a stereo outside in a totally-fenced-in-all-the-way-around backyard during daylight hours

This was a deliberate choice to use the investigatory process to punish someone before they've even been convicted of a crime
Among the assorted gems in the @IndyWeek story: confirmation that the complaining whiteness is definitely-not-a-racist

Which is the first time I've heard Malcolm X called a jihadi tbh

https://indyweek.com/news/wake/the-garner-cops-mikisa-thompson-malcolm-x/
Here's video of the first time Garner PD came by

Notice that it's still daylight, meaning the noise couldn't be in violation of the Garner town ordinance

Notice also that it's not loud enough to drown out normal conversation https://twitter.com/riot_revolt/status/1120463580317593601
Here's video of when Garner PD showed up to confiscate the Thompsons' stereo

Notice they do it at night, long after they've already given her a citation in the earlier video https://twitter.com/riot_revolt/status/1120511811051315200
And here's a livestream of the raid last night

Notice the use of force, with nearly a dozen officers visible at various points as they snoop around both sides of the house (by the fenced backyard) as a small armada squares up at the front door https://twitter.com/povssey_/status/1129207261371482113
Willfully so. It's a deliberate, intentional choice https://twitter.com/hughwhiting/status/1129511298838999041
I'm talking with her about options. I wanted to get the criminal stuff handled before we filed anything civil, but the way sh*t is going down we may have to do both at once https://twitter.com/bikesalsa/status/1129508308648247297
That's precisely what they did. She was "uppity" to them, so they had to show her who had the power https://twitter.com/bentwhee/status/1129507083802619905
Exactly my thought https://twitter.com/brettashtonsj/status/1129501376055169025
For me it was seeing a decade's worth of data at http://OpenDataPolicing.com , a project of the @scsj https://twitter.com/hughwhiting/status/1129516291549782017
The sad part is I thought I was already pretty jaded from reading @Popehat's many stories of the unrelated esoterica Feds often seize...

...but I was still legitimately shocked they took the alarm clock https://twitter.com/danielknaack/status/1129524073355042817
Not at all https://twitter.com/ken_meltzer/status/1129523654423920640
It was a Very Dangerous™ Malcolm X speech https://twitter.com/canopis2/status/1129525261932695552
👊 https://twitter.com/guyonthehigh/status/1129528717439643648
Probably not (last time I looked at the case law on the adequacy of a warrant application, it was pretty deferential to the magistrate) but we're going to consider it https://twitter.com/ajsys/status/1129531018023710720
Magistrates, for both the 4/22 raid and the 5/16 raid https://twitter.com/tcfka_ncsteve/status/1129534050434260992
Former Director of the NC Open Government Coalition's Sunshine Center, and a subject-matter expert on ordinances violating the First Amendment
⬇️⬇️⬇️ https://twitter.com/jonesjd/status/1129536207606689792
A typo. Really. I promise.

😉 https://twitter.com/weronlystardust/status/1129539523824836609
👊 https://twitter.com/suziq0715/status/1129536442617782273
No clue, we haven't had a chance to have a hearing on anything. The first appearance on the first case from last month isn't until mid-June

https://twitter.com/billybrew/status/1129535103531659264
I'm not sure re the training; I assume they go through the UNC School of Government like DAs / judges / etc

No significance on going through them though. That's our standard process here (and in many other states too) https://twitter.com/tmulpuri/status/1129535078172749826
More-specific noise ordinances are generally enforceable. Even Garner has a prohibition on loud sound between 10p-7a that a court would uphold.

The police just didn't use it, b/c they knew she didn't violate it. So they used the unconstitutional one https://twitter.com/rangerrick/status/1129755088434683907
UPDATE: this @IndyWeek story has now been updated to include the search warrant docs too, so you can see them for yourself https://twitter.com/indyweek/status/1129496182361853953
Right?? 😂

https://twitter.com/leslies17316152/status/1129716749283336192
That's exactly the issue: the police aren't using the specific, enforceable, constitutional ordinance under subpart (b) – because they know there's no violation

They're using the vague, subjective, unconstitutional subpart (a)

https://twitter.com/chrispalomares/status/1129763543367213059
Definitely Not-A-Racist

You catch the part where he told the reporter @LeighTauss that this was all a hate crime against him? https://twitter.com/invisibleorchid/status/1129759460996583429
Yep.

"We're the police. Just trust us." https://twitter.com/holemanm/status/1129757630719713280
While sweeping the back porch of a fenced-in backyard https://twitter.com/bowie923/status/1129728213343776768
The speech shouldn't have reached for its waistband https://twitter.com/jcderr/status/1129775651806953472
The Garner City Manager determines when / whether the police chief is fired, the Governor has no role

And AG Stein is too busy prepping for his 2022 US Senate run to do anything substantive 😉 https://twitter.com/joseph_joe_m/status/1129776648545607680
BuT iT's A hAtE CrImE

https://twitter.com/yesyoureracist/status/1129771057202847745
The raid was at midnight.

The speeches were played in the middle of the afternoon.

So no, I wouldn't feel differently at all.

https://twitter.com/eonealiii/status/1129801740981817351
The lowest-possible-of-all-misdemeanors at that

It's deliberate. Designed to terrorize, and if they get a chance to kill someone in the process so be it https://twitter.com/gortok/status/1129802951743160321
BeT yOu'D fEeL dIfFeReNt If A tRuMp SuPpOrTeR dId It https://twitter.com/nonwhitehat/status/1129803225606107136
"Surely you would no longer disagree with this arbitrary and capricious violation of the Constitution by taxpayer-financed armed agents of the Government if someone you didn't like was the victim" remains one of the dumbest possible takes on this app
Indeed. And it cracks me up b/c I haven't heard a Malcolm X speech in years, spent most of my adult life as a Republican, and remain more conservative than the people in my @'s

It's outrageous precisely *because* the victim is someone I don't agree with https://twitter.com/yugedatascience/status/1129808336243707904
"might"? https://twitter.com/isaac32767/status/1129807962682273793
Their fear is unacceptable, but I have great respect for their situational awareness: get the dogs in the bathroom b/c you know puppycide is likely, but also make sure someone's videoing mom so she doesn't get killed either https://twitter.com/newbernwolf/status/1129807095665233921
I mean if you're dumb enough to think that's comparable to approving a facially deficient warrant application, sure https://twitter.com/chetsteadman32/status/1129809963629596672
Your belief is correct. The warrant application even says the items listed to be seized are needed to further the investigation (which they're not but w/e)

She's not legally prohibited from buying replacements, but she's financially prohibited

1/ https://twitter.com/thebrownfolder/status/1129810548613439490
Plus the Garner PD has shown they'll just show up to seize them again

2/2
@TheBrownFolder
Your optimism is endearing! https://twitter.com/davidgraves14/status/1129815539105189888
The article notes police received a similar complaint with similar circumstances when a white resident lived in the house, and chose not to say anything

Tweet less. Read more.

https://twitter.com/coolp100/status/1129838015667462146
The claim's colorable, the challenge is judges' reflexive tendency to protect judicial staff. The warrant app included a printout of the ordinance (magistrate should've known it was unenforceable), failed to allege PC, and had unconstitutional scope https://twitter.com/chetsteadman32/status/1129835951486840833
The *most likely* outcome is everyone gets qualified immunity and goes on their merry way continuing to violate folks' rights
@chetsteadman32
Most likely, yes. Magistrate protected because he relied on police narrative, police protected because magistrate issued warrant

Another reminder that the entire QI regime is wildly corrupt https://twitter.com/wallerlegal/status/1129831890494599172
Yep https://twitter.com/thebrownfolder/status/1129826145820643329
I wish there were less for me to rant about tbh 😂

👊 https://twitter.com/sistahsoul71/status/1129821572938784768
Small miracles 😂 https://twitter.com/bobmueller/status/1129845442290708480
If Government agents trespassed onto my property to claim I'm violating an unconstitutional law as I mind my own business in my own fenced-in backyard, I'd be rude too

https://twitter.com/steelraine1/status/1129845383864225793
Your constitutional rights don't magically disappear just because you're impolite
Same volume, same time of day, just not Malcolm X

https://twitter.com/coolp100/status/1129846903204655105
Time of day matters, in the sense that police cited her under (a) (the part that's unconstitutionally vague and overbroad) precisely because they knew they couldn't cite her under (b) (the part that's legal but that she hadn't violated) https://twitter.com/demianco/status/1129847845245378570
Just make sure you pad your savings account first 😉 https://twitter.com/feelthefern07/status/1129839252903256066
An unconstitutional ordinance is void ab initio. What is an "unnecessary" noise? https://twitter.com/demianco/status/1129849934042341376
The ordinance is written in the conjunctive throughout ("and")

"unreasonably loud, disturbing and unnecessary noise" – what's unnecessary?

"Noise ... detrimental to the health and welfare of any individual" – where's the health impairment?
North Carolina courts have already, repeatedly, addressed these sorts of questions and found these ordinances unconstitutional

We still have a law that prohibits flag burning. The courts said flag burning was legal 30 years ago. You can't raid someone just b/c there's a statute
The only point you're illustrating is that you don't understand how laws work

Good luck generating that much sound without an amp or encroaching on a public right-of-way though, both of which are prohibited https://twitter.com/therealkbe/status/1129852453292318720
Me: "People should be able to play Malcolm X on their stereo in their own backyard during daylight hours, particularly when there's no law against it."

You, an intellectual: "sOmEoNe ShOuLd BlAsT dEaTh MeTaL aT 125Db AnD sEe HoW yOu LiKe It"

Me: https://twitter.com/greg_doucette/status/1127411574313037824
It's not. I've only seen a handful over 7 years, and typically in that instance it's for phone / text records of someone violating a domestic violence protective order https://twitter.com/authorclondon/status/1129852477694779394
💯

If the racist wanted to sue in civil court, he could. The burden would be on him and he'd likely lose, but it would at least be more equitable than using the Government to punish someone https://twitter.com/completesham/status/1129853195994447876
I'm absolutely sure they were hoping to find contraband

https://twitter.com/kevincloud/status/1129854389600972800
Sure. Where's the allegation – in the warrant application for either the search or the arrest – that anyone's mental health was impaired? https://twitter.com/demianco/status/1129857173356535809
https://twitter.com/greg_doucette/status/859395163952730120
Considering I've helped a number of white people fight police abuse, yes

And I give zero f*cks whether her neighbor was "subjected to those speeches" or not – if it's not illegal, his venue to complain is to sue in civil court

https://twitter.com/bavolley99/status/1129869011733422080
"wOuLd YoU bE sO uPsEt If ThEy WeRe WhItE" is another really dumb take https://twitter.com/greg_doucette/status/865324441714270209
This tweet is gibberish

https://twitter.com/bavolley99/status/1129874707610832897
"Maybe she was just [random descriptor that's not a crime]. Why are you so upset about her then being criminally charged and having her house raided late at night??"

It's a mystery...
I certainly *thought* I did. Y'all let me know if I've missed something https://twitter.com/p1z4t/status/1129877316300156928
Her daughter helped tear down the Confederate participation trophy across the street from my office back in 2017, charged with felonies for it, and the charges were dismissed

https://twitter.com/steelraine1/status/1129875602490777601
My old thread on Takiyah Thompson's arrest wraps here: https://twitter.com/greg_doucette/status/897673160253898752
Shiiiiiiiiiit https://twitter.com/timmoses37/status/1129870656030404609
Who was it?

https://twitter.com/coolp100/status/1129907366961516544
Nah, he couldn't be talking about the extrajudicial summary execution of Daniel Shaver by killed cop Philip Brailsford. That story was all over the news when it happened, and again when Brailsford was acquitted. Surely he didn't mean *that* one. https://twitter.com/willijjcle/status/1129921882994761731
Folks have asked how they can support Ms. Thompson and her family financially until we can get back their stuff from the police

She has a PayPal account you can contribute to directly, here: http://PayPal.me/riotrevolt 
Idk if they've reached out to Ms. Thompson directly, but @LeighTauss of @indyweek – the reporter who broke the story – is the only one who's contacted me

https://twitter.com/mrmartykann/status/1129851075161448450
Exactly who I was trying to evoke 😉 And yes I can lol https://twitter.com/wolfpac_five/status/1130045977811968002
Family has fled their home and is living out of a hotel. First court date on the criminal charge is next month. https://twitter.com/camshai/status/1130202147801505792
Mission Accomplished for the Garner police and the racist neighbor who summoned them though

https://twitter.com/rasbabao/status/1130206368030310400
Weren't police in the UK posting pictures on Twitter of basic cutlery they'd bravely seized last week though? 😂 https://twitter.com/promotions_my/status/1130227649958293505
Judges have the power to approve warrants that are valid statewide, but magistrates (and even clerks) can also approve them for in-county searches. The bulk of requests are routed through them for speed / efficiency https://twitter.com/dotmynameonyou/status/1130232654278873088
Chapter 15A of the North Carolina General Statutes lays out our criminal procedure generally, and Chapter 7A lays out the powers of judicial officials

Here are the sections on what magistrates are used for
Just noticed I got blocked by the MAGAt who insisted a white guy shot by police in a hotel never made the news, because I asked who he was referring to 😂

(It was Daniel Shaver, whose execution was national news for weeks)
(No, I'm not exaggerating. This was what I said. 😂😂😂) https://twitter.com/greg_doucette/status/1129921165680685056
👊 https://twitter.com/cminmd/status/1130272907375140872
Extrajudicial punishment for violating an unconstitutional ordinance

And even if the ordinance were enforceable, such punishment is capped at a $50 fine – not taking tools of one's livelihood to inflict far more than $50 in damages https://twitter.com/steelerspensfn/status/1130511304584761344
Except they left the TVs, which are capable of cranking out much louder sound than the phones https://twitter.com/kaldrenon/status/1130512171077689344
Indeed https://twitter.com/isaac32767/status/1130545705720795136
Connecting her with a specialist to handle that aspect of it 😉 Every hour Garner PD has her and her kids' stuff is another hour of damages Garner taxpayers will eventually be shelling out https://twitter.com/larrybrautigam/status/1130529587451039745
And that's on top of the attorney fee invoice Garner taxpayers will get hit with under 42 USC §1988
If officers get QI, then usually no. But the town's likely going to get hit with a separate Monell claim https://twitter.com/mdaniels5757/status/1130583537793622016
https://twitter.com/rawstory/status/1130629779730780160
I'm defending her on the criminal cases. Connected her to a §1983 expert on the civil rights lawsuit https://twitter.com/adam_wright23/status/1130654039983710208
Kinda pathetic that you created a new account just for this to be your first tweet tbh https://twitter.com/therealbeez1/status/1130655778577223682
And then liked his own tweet

Sad
👊 https://twitter.com/adam_wright23/status/1130656467319742464
And the police gleefully went along

Twice https://twitter.com/bob_zim/status/1130663494305628160
I already have. Several times.

I'm sorry you're new here.

https://twitter.com/nothinoffensive/status/1130663808953978880
Nah, I'm not wasting my time. There's a pinned tweet there for a reason, he's welcome to find the Rs https://twitter.com/wqsaves/status/1130669583264768000
https://twitter.com/lawcrimenews/status/1130099540269256704
https://twitter.com/blavity/status/1130553791898632197
Possible. But more likely IMO police already don't like the family and wanted an excuse to abuse them

They were just too dumb to do it legally

https://twitter.com/banalexistence/status/1130684651117395968
I'll confess I did not figure you for a horse-f*cker. @trogdor8768 ferreted that one out pretty quick

https://twitter.com/nothinoffensive/status/1130694857477935104
https://twitter.com/copcrisis/status/1130456773972897793
https://twitter.com/atlblackstar/status/1130512785216032769
https://twitter.com/newsone/status/1130550113905127426
In practice, they're basically rubber-stamped 😕 https://twitter.com/brian_disharoon/status/1130704123047948288
I think she does too, but I'm not as sharp on the immunity issues as someone who does this primarily. I connected her with a guy who does though https://twitter.com/brian_disharoon/status/1130701109704761345
They did not. Garner PD spokesman told the reporter ( @LeighTauss of @indyweek) that they didn't need to take any measurements, because of the particular statute they charged her under https://twitter.com/harvestplow/status/1130713690146267136
(Which, I would argue, highlights the subjective and unconstitutional nature of the statute they charged her under. But I'm just a lowly defense attorney from an unranked law school so what do I know?)
We're now at the end of Day 5 of Garner Police holding a family's alarm clock, computers, and mobile phones, based on a bogus criminal charge under an unconstitutional local ordinance
Not that I'm aware of, but I'm not in the loop on that. I connected her to a §1983 lawyer so I could focus on the criminal stuff

https://twitter.com/trustbustinboi/status/1130942580441735170
Do you English?

How does one "blast speakers full volume toward someone's house" with said speakers behind a fence with a plastic bag over them?

And in what country is "middle of the afternoon" considered "after hours"?

https://twitter.com/jasonhalifax/status/1131132450116165632
Y'all don't understand words. Don't understand physics. Use magical thinking rivaling any GoT episode.

No wonder our political system is a mess...
https://twitter.com/davidgura/status/1131190213563375617
I told reporter @LeighTauss – entirely as a joke – that "all crime in Garner must be solved!" for them to use 9+ officers on a noise ordinance violation

It's peak 2019 that my joke was actually true: GPD assigned *90%* of its officers on duty to the raid https://twitter.com/indyweek/status/1131199655923073030
Nothing xenophobic at all about you not understanding what words mean

The confirmation that you don't is appreciated though

https://twitter.com/jasonhalifax/status/1131204830691831810
It's impressively ludicrous https://twitter.com/danruccia/status/1131201944796557313
Seems unlikely 😂 https://twitter.com/shake1n1bake/status/1131194954448027649
Video footage, how does it work? https://twitter.com/popelizbet/status/1131218169564151808
Clearly you're supposed to point the speakers back at your own house, so you can listen to the reverb https://twitter.com/paulrvalentine/status/1131233183515709440
Touché https://twitter.com/boatofsloths/status/1131254366537768963
https://twitter.com/theroot/status/1131381778277646338
Ms. Thompson's son Jeremiah set up a GoFundMe for the family, available here:

https://www.gofundme.com/f/1n9mkxao80 
Yikes on the misspelling (how do you misspell someone's name that's been spelled correctly everywhere else it's reported and in the court paperwork?)

Bonus yikes on the headline and tone https://twitter.com/jeffreybillman/status/1131653942889390082
Btw, we're now at the end of Day 7 of Garner PD confiscating an entire family's electronics because of a noise complaint about Malcolm X

That includes taking the computers and phones of 2 high school students trying to finish their last couple weeks of classes
Legalized burglary https://twitter.com/greg_doucette/status/1131669603791364096
It's designed to send a message: time for you to move https://twitter.com/wemarsh/status/1131682834798841862
Touché :) https://twitter.com/mejomelissa/status/1131682145238437891
Exactly https://twitter.com/cminmd/status/1131703373600841739
Depends on the wording. Ones that are vaguely worded or are substantially overbroad are unconstitutional, yes https://twitter.com/kathismoak/status/1131737647418884097
The applicable law, including court decisions, is in this thread @kathismoak https://twitter.com/greg_doucette/status/1131295694617305089
Today's now Day 8 of Garner PD confiscating an entire family's electronics – computers, phones, all of it – because of a noise complaint about Malcolm X being played at lunchtime

And it's a holiday weekend, so Garner PD will still have all their stuff on Days 9, 10, and 11 too
Yesterday afternoon, a District Court Judge agreed to a joint request to release most of the Thompson family's belongings

Today – on Day *13*, nearly two weeks later! – Ms. Thompson and her kids were finally able to get their phones, computers, and alarm clock
The "speakers" (one of which is actually an alarm clock, another of which is actually a microphone) will remain in police custody until the criminal charges are handled

We're looking forward to taking this case to trial, and to cross-examining the Garner PD officers involved
I want to personally thank the Wake County District Attorney's Office – elected DA Lorrin Freeman & Assistant DA Matt Lively – for hearing us out. Seized property usually stays seized for months/years while a case is pending, and they had no obligation to agree to this pre-trial
I also want to give special thanks to @LeighTauss of @indyweek for breaking the story and covering it in such depth, and to @SemperEwing of @TheRoot for amplifying it. Public awareness of this chicanery undoubtedly helped
Now of course we switch into combat mode with two trials looming 😬
For those so inclined, a reminder that you can financially support the Thompson family at: http://PayPal.me/riotrevolt 

Donations go straight to them, to help deal w/ collateral fallout from the charges (since ppl seem to think Ms. Thompson is now a criminal despite breaking no laws)
In this case, no – I agreed to represent Ms. Thompson pro bono

The "cost" comes in the form of having your stuff taken away for 2 weeks for no reason, especially when the stuff taken is what you use to make a living

https://twitter.com/matt_barlowe/status/1133917984626499589
I'm going to respectfully decline to answer that question 😂 https://twitter.com/jeffreybillman/status/1133917924442464256
It was/is a compromise. The police keep the speakers while we fight over whether the ordinance is constitutional, but the rest is returned. I can't speak for the DA's Office obv, but it was obvious to me the police overreached badly https://twitter.com/gortok/status/1133918124208771073
Gotta celebrate the small victories along the way 👊 https://twitter.com/savagelycivil/status/1133918275216302083
They might later, we'll see. But First Appearance on the first charge isn't for 2 more weeks, and the second charge 2 weeks after that. Agreeing to this now was an act of mercy on their part https://twitter.com/tangyal/status/1133921966556160001
Non-compliance would have led to us requesting someone be held in contempt of court (the officer overseeing property if they still had it; the one who authorized disposal if not)

But thankfully the Thompson family got their stuff before I tweeted :) https://twitter.com/petertbbrett/status/1133981591116627968
Yep. DA's Office won't talk to an unrepresented defendant at all until they've had a chance to waive their right to an attorney in front of a magistrate or judge https://twitter.com/nc_cyberlaw/status/1134108021867634689
I'm not a §1983 expert, but this looks an awful lot like ongoing retaliation against Ms. Thompson

Notice the timestamps:
I sure hope @TommyTrash44's personnel aren't doing this sort of thing on purpose, because I suspect a civil rights lawyer would enjoy asking him questions at a deposition... https://twitter.com/greg_doucette/status/1134487611576410114
This tweet is gibberish. Getting *less* attention from the police is the entire point (and can't sue the Town for their misconduct until the criminal charges are tossed in a few months)

https://twitter.com/covfefecaviar/status/1134522406025015296
I'm glad someone's entertained by Government personnel abusing their authority and taxpayer-funded salaries I guess?

¯\\_(ツ)_/¯
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