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In today& #39;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& #39;s phones and laptops https://twitter.com/LeighTauss/status/1129496747129102337">https://twitter.com/LeighTaus...
When she played them again, 9+ cops did a midnight raid to take her family& #39;s phones and laptops https://twitter.com/LeighTauss/status/1129496747129102337">https://twitter.com/LeighTaus...
We talked about the ordinance at issue in this thread last month: https://twitter.com/greg_doucette/status/1120899003196039168">https://twitter.com/greg_douc...
Let& #39;s be crystal clear on what we& #39;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/">https://indyweek.com/news/wake...
Over a noise ordinance
And Malcolm X
https://indyweek.com/news/wake/the-garner-cops-mikisa-thompson-malcolm-x/">https://indyweek.com/news/wake...
This wasn& #39;t a raid to arrest an armed fugitive. It wasn& #39;t even a raid to imprison someone for committing a heinous crime.
It couldn& #39;t be, because NC& #39;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">https://www.ncleg.gov/EnactedLe...
It couldn& #39;t be, because NC& #39;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">https://www.ncleg.gov/EnactedLe...
But let& #39;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& #39; iPhones somehow responsible?
https://indyweek.com/news/wake/the-garner-cops-mikisa-thompson-malcolm-x/">https://indyweek.com/news/wake...
How was her alarm clock violating the noise ordinance?
What did her computer monitor do to merit seizure?
Were her and her kids& #39; iPhones somehow responsible?
https://indyweek.com/news/wake/the-garner-cops-mikisa-thompson-malcolm-x/">https://indyweek.com/news/wake...
Here& #39;s what the search warrant application requested to be seized
Notice: there& #39;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& #39;s neighbors residence"
Notice: there& #39;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& #39;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
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& #39;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& #39;ve even been convicted of a crime
This was a deliberate choice to use the investigatory process to punish someone before they& #39;ve even been convicted of a crime
This is what I& #39;ve been steaming about all day
Go read the @indyweek story by @LeighTauss, there& #39;s a *lot* more in there https://indyweek.com/news/wake/the-garner-cops-mikisa-thompson-malcolm-x/">https://indyweek.com/news/wake...
Go read the @indyweek story by @LeighTauss, there& #39;s a *lot* more in there https://indyweek.com/news/wake/the-garner-cops-mikisa-thompson-malcolm-x/">https://indyweek.com/news/wake...
Among the assorted gems in the @IndyWeek story: confirmation that the complaining whiteness is definitely-not-a-racist
Which is the first time I& #39;ve heard Malcolm X called a jihadi tbh
https://indyweek.com/news/wake/the-garner-cops-mikisa-thompson-malcolm-x/">https://indyweek.com/news/wake...
Which is the first time I& #39;ve heard Malcolm X called a jihadi tbh
https://indyweek.com/news/wake/the-garner-cops-mikisa-thompson-malcolm-x/">https://indyweek.com/news/wake...
Here& #39;s video of the first time Garner PD came by
Notice that it& #39;s still daylight, meaning the noise couldn& #39;t be in violation of the Garner town ordinance
Notice also that it& #39;s not loud enough to drown out normal conversation https://twitter.com/riot_revolt/status/1120463580317593601">https://twitter.com/riot_revo...
Notice that it& #39;s still daylight, meaning the noise couldn& #39;t be in violation of the Garner town ordinance
Notice also that it& #39;s not loud enough to drown out normal conversation https://twitter.com/riot_revolt/status/1120463580317593601">https://twitter.com/riot_revo...
Here& #39;s video of when Garner PD showed up to confiscate the Thompsons& #39; stereo
Notice they do it at night, long after they& #39;ve already given her a citation in the earlier video https://twitter.com/riot_revolt/status/1120511811051315200">https://twitter.com/riot_revo...
Notice they do it at night, long after they& #39;ve already given her a citation in the earlier video https://twitter.com/riot_revolt/status/1120511811051315200">https://twitter.com/riot_revo...
And here& #39;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">https://twitter.com/povssey_/...
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">https://twitter.com/povssey_/...
Willfully so. It& #39;s a deliberate, intentional choice https://twitter.com/hughwhiting/status/1129511298838999041">https://twitter.com/hughwhiti...
I& #39;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">https://twitter.com/bikesalsa...
That& #39;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">https://twitter.com/bentwhee/...
Exactly my thought https://twitter.com/brettashtonsj/status/1129501376055169025">https://twitter.com/brettasht...
For me it was seeing a decade& #39;s worth of data at http://OpenDataPolicing.com"> http://OpenDataPolicing.com , a project of the @scsj https://twitter.com/hughwhiting/status/1129516291549782017">https://twitter.com/hughwhiti...
The sad part is I thought I was already pretty jaded from reading @Popehat& #39;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">https://twitter.com/danielkna...
...but I was still legitimately shocked they took the alarm clock https://twitter.com/danielknaack/status/1129524073355042817">https://twitter.com/danielkna...
Not at all https://twitter.com/ken_meltzer/status/1129523654423920640">https://twitter.com/ken_meltz...
It was a Very Dangerous™ Malcolm X speech https://twitter.com/canopis2/status/1129525261932695552">https://twitter.com/canopis2/...
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& #39;re going to consider it https://twitter.com/ajsys/status/1129531018023710720">https://twitter.com/ajsys/sta...
Magistrates, for both the 4/22 raid and the 5/16 raid https://twitter.com/tcfka_ncsteve/status/1129534050434260992">https://twitter.com/tcfka_ncs...
Former Director of the NC Open Government Coalition& #39;s Sunshine Center, and a subject-matter expert on ordinances violating the First Amendment
https://abs.twimg.com/emoji/v2/... draggable="false" alt="⬇️" title="Pfeil nach unten" aria-label="Emoji: Pfeil nach unten">https://abs.twimg.com/emoji/v2/... draggable="false" alt="⬇️" title="Pfeil nach unten" aria-label="Emoji: Pfeil nach unten">https://abs.twimg.com/emoji/v2/... draggable="false" alt="⬇️" title="Pfeil nach unten" aria-label="Emoji: Pfeil nach unten"> https://twitter.com/jonesjd/status/1129536207606689792">https://twitter.com/jonesjd/s...
A typo. Really. I promise.
https://abs.twimg.com/emoji/v2/... draggable="false" alt="😉" title="Zwinkerndes Gesicht" aria-label="Emoji: Zwinkerndes Gesicht"> https://twitter.com/weronlystardust/status/1129539523824836609">https://twitter.com/weronlyst...
No clue, we haven& #39;t had a chance to have a hearing on anything. The first appearance on the first case from last month isn& #39;t until mid-June
https://twitter.com/billybrew/status/1129535103531659264">https://twitter.com/billybrew...
https://twitter.com/billybrew/status/1129535103531659264">https://twitter.com/billybrew...
I& #39;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& #39;s our standard process here (and in many other states too) https://twitter.com/tmulpuri/status/1129535078172749826">https://twitter.com/tmulpuri/...
No significance on going through them though. That& #39;s our standard process here (and in many other states too) https://twitter.com/tmulpuri/status/1129535078172749826">https://twitter.com/tmulpuri/...
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& #39;t use it, b/c they knew she didn& #39;t violate it. So they used the unconstitutional one https://twitter.com/rangerrick/status/1129755088434683907">https://twitter.com/rangerric...
The police just didn& #39;t use it, b/c they knew she didn& #39;t violate it. So they used the unconstitutional one https://twitter.com/rangerrick/status/1129755088434683907">https://twitter.com/rangerric...
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">https://twitter.com/indyweek/...
Right?? https://abs.twimg.com/emoji/v2/... draggable="false" alt="😂" title="Gesicht mit Freudentränen" aria-label="Emoji: Gesicht mit Freudentränen">
https://twitter.com/leslies17316152/status/1129716749283336192">https://twitter.com/leslies17...
https://twitter.com/leslies17316152/status/1129716749283336192">https://twitter.com/leslies17...
That& #39;s exactly the issue: the police aren& #39;t using the specific, enforceable, constitutional ordinance under subpart (b) – because they know there& #39;s no violation
They& #39;re using the vague, subjective, unconstitutional subpart (a)
https://twitter.com/chrispalomares/status/1129763543367213059">https://twitter.com/chrispalo...
They& #39;re using the vague, subjective, unconstitutional subpart (a)
https://twitter.com/chrispalomares/status/1129763543367213059">https://twitter.com/chrispalo...
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">https://twitter.com/invisible...
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">https://twitter.com/invisible...
Yep.
"We& #39;re the police. Just trust us." https://twitter.com/holemanm/status/1129757630719713280">https://twitter.com/holemanm/...
"We& #39;re the police. Just trust us." https://twitter.com/holemanm/status/1129757630719713280">https://twitter.com/holemanm/...
While sweeping the back porch of a fenced-in backyard https://twitter.com/bowie923/status/1129728213343776768">https://twitter.com/bowie923/...
The speech shouldn& #39;t have reached for its waistband https://twitter.com/jcderr/status/1129775651806953472">https://twitter.com/jcderr/st...
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 substantivehttps://abs.twimg.com/emoji/v2/... draggable="false" alt="😉" title="Zwinkerndes Gesicht" aria-label="Emoji: Zwinkerndes Gesicht"> https://twitter.com/joseph_joe_m/status/1129776648545607680">https://twitter.com/joseph_jo...
And AG Stein is too busy prepping for his 2022 US Senate run to do anything substantive
BuT iT& #39;s A hAtE CrImE
https://twitter.com/yesyoureracist/status/1129771057202847745">https://twitter.com/yesyourer...
https://twitter.com/yesyoureracist/status/1129771057202847745">https://twitter.com/yesyourer...
The raid was at midnight.
The speeches were played in the middle of the afternoon.
So no, I wouldn& #39;t feel differently at all.
https://twitter.com/eonealiii/status/1129801740981817351">https://twitter.com/eonealiii...
The speeches were played in the middle of the afternoon.
So no, I wouldn& #39;t feel differently at all.
https://twitter.com/eonealiii/status/1129801740981817351">https://twitter.com/eonealiii...
The lowest-possible-of-all-misdemeanors at that
It& #39;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">https://twitter.com/gortok/st...
It& #39;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">https://twitter.com/gortok/st...
BeT yOu& #39;D fEeL dIfFeReNt If A tRuMp SuPpOrTeR dId It https://twitter.com/nonwhitehat/status/1129803225606107136">https://twitter.com/nonwhiteh...
"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& #39;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& #39;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 @& #39;s
It& #39;s outrageous precisely *because* the victim is someone I don& #39;t agree with https://twitter.com/yugedatascience/status/1129808336243707904">https://twitter.com/yugedatas...
It& #39;s outrageous precisely *because* the victim is someone I don& #39;t agree with https://twitter.com/yugedatascience/status/1129808336243707904">https://twitter.com/yugedatas...
"might"? https://twitter.com/isaac32767/status/1129807962682273793">https://twitter.com/isaac3276...
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& #39;s videoing mom so she doesn& #39;t get killed either https://twitter.com/newbernwolf/status/1129807095665233921">https://twitter.com/newbernwo...
I mean if you& #39;re dumb enough to think that& #39;s comparable to approving a facially deficient warrant application, sure https://twitter.com/chetsteadman32/status/1129809963629596672">https://twitter.com/chetstead...
Your belief is correct. The warrant application even says the items listed to be seized are needed to further the investigation (which they& #39;re not but w/e)
She& #39;s not legally prohibited from buying replacements, but she& #39;s financially prohibited
1/ https://twitter.com/thebrownfolder/status/1129810548613439490">https://twitter.com/thebrownf...
She& #39;s not legally prohibited from buying replacements, but she& #39;s financially prohibited
1/ https://twitter.com/thebrownfolder/status/1129810548613439490">https://twitter.com/thebrownf...
Your optimism is endearing! https://twitter.com/davidgraves14/status/1129815539105189888">https://twitter.com/davidgrav...
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">https://twitter.com/coolp100/...
Tweet less. Read more.
https://twitter.com/coolp100/status/1129838015667462146">https://twitter.com/coolp100/...
The claim& #39;s colorable, the challenge is judges& #39; reflexive tendency to protect judicial staff. The warrant app included a printout of the ordinance (magistrate should& #39;ve known it was unenforceable), failed to allege PC, and had unconstitutional scope https://twitter.com/chetsteadman32/status/1129835951486840833">https://twitter.com/chetstead...
The *most likely* outcome is everyone gets qualified immunity and goes on their merry way continuing to violate folks& #39; rights
@chetsteadman32
@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">https://twitter.com/wallerleg...
Another reminder that the entire QI regime is wildly corrupt https://twitter.com/wallerlegal/status/1129831890494599172">https://twitter.com/wallerleg...
Yep https://twitter.com/thebrownfolder/status/1129826145820643329">https://twitter.com/thebrownf...
I wish there were less for me to rant about tbh https://abs.twimg.com/emoji/v2/... draggable="false" alt="😂" title="Gesicht mit Freudentränen" aria-label="Emoji: Gesicht mit Freudentränen">
https://abs.twimg.com/emoji/v2/... draggable="false" alt="👊" title="Fisted hand" aria-label="Emoji: Fisted hand"> https://twitter.com/sistahsoul71/status/1129821572938784768">https://twitter.com/sistahsou...
Small miracles https://abs.twimg.com/emoji/v2/... draggable="false" alt="😂" title="Gesicht mit Freudentränen" aria-label="Emoji: Gesicht mit Freudentränen"> https://twitter.com/bobmueller/status/1129845442290708480">https://twitter.com/bobmuelle...
If Government agents trespassed onto my property to claim I& #39;m violating an unconstitutional law as I mind my own business in my own fenced-in backyard, I& #39;d be rude too
https://twitter.com/steelraine1/status/1129845383864225793">https://twitter.com/steelrain...
https://twitter.com/steelraine1/status/1129845383864225793">https://twitter.com/steelrain...
Same volume, same time of day, just not Malcolm X
https://twitter.com/coolp100/status/1129846903204655105">https://twitter.com/coolp100/...
https://twitter.com/coolp100/status/1129846903204655105">https://twitter.com/coolp100/...
Time of day matters, in the sense that police cited her under (a) (the part that& #39;s unconstitutionally vague and overbroad) precisely because they knew they couldn& #39;t cite her under (b) (the part that& #39;s legal but that she hadn& #39;t violated) https://twitter.com/demianco/status/1129847845245378570">https://twitter.com/demianco/...
Just make sure you pad your savings account first https://abs.twimg.com/emoji/v2/... draggable="false" alt="😉" title="Zwinkerndes Gesicht" aria-label="Emoji: Zwinkerndes Gesicht"> https://twitter.com/feelthefern07/status/1129839252903256066">https://twitter.com/feelthefe...
An unconstitutional ordinance is void ab initio. What is an "unnecessary" noise? https://twitter.com/demianco/status/1129849934042341376">https://twitter.com/demianco/...
The ordinance is written in the conjunctive throughout ("and")
"unreasonably loud, disturbing and unnecessary noise" – what& #39;s unnecessary?
"Noise ... detrimental to the health and welfare of any individual" – where& #39;s the health impairment?
"unreasonably loud, disturbing and unnecessary noise" – what& #39;s unnecessary?
"Noise ... detrimental to the health and welfare of any individual" – where& #39;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& #39;t raid someone just b/c there& #39;s a statute
We still have a law that prohibits flag burning. The courts said flag burning was legal 30 years ago. You can& #39;t raid someone just b/c there& #39;s a statute
The only point you& #39;re illustrating is that you don& #39;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">https://twitter.com/therealkb...
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">https://twitter.com/therealkb...
Me: "People should be able to play Malcolm X on their stereo in their own backyard during daylight hours, particularly when there& #39;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">https://twitter.com/greg_douc...
You, an intellectual: "sOmEoNe ShOuLd BlAsT dEaTh MeTaL aT 125Db AnD sEe HoW yOu LiKe It"
Me: https://twitter.com/greg_doucette/status/1127411574313037824">https://twitter.com/greg_douc...
It& #39;s not. I& #39;ve only seen a handful over 7 years, and typically in that instance it& #39;s for phone / text records of someone violating a domestic violence protective order https://twitter.com/authorclondon/status/1129852477694779394">https://twitter.com/authorclo...
If the racist wanted to sue in civil court, he could. The burden would be on him and he& #39;d likely lose, but it would at least be more equitable than using the Government to punish someone https://twitter.com/completesham/status/1129853195994447876">https://twitter.com/completes...
I& #39;m absolutely sure they were hoping to find contraband
https://twitter.com/kevincloud/status/1129854389600972800">https://twitter.com/kevinclou...
https://twitter.com/kevincloud/status/1129854389600972800">https://twitter.com/kevinclou...
Sure. Where& #39;s the allegation – in the warrant application for either the search or the arrest – that anyone& #39;s mental health was impaired? https://twitter.com/demianco/status/1129857173356535809">https://twitter.com/demianco/...
https://twitter.com/greg_doucette/status/859395163952730120">https://twitter.com/greg_douc...
Considering I& #39;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& #39;s not illegal, his venue to complain is to sue in civil court
https://twitter.com/bavolley99/status/1129869011733422080">https://twitter.com/bavolley9...
And I give zero f*cks whether her neighbor was "subjected to those speeches" or not – if it& #39;s not illegal, his venue to complain is to sue in civil court
https://twitter.com/bavolley99/status/1129869011733422080">https://twitter.com/bavolley9...
"wOuLd YoU bE sO uPsEt If ThEy WeRe WhItE" is another really dumb take https://twitter.com/greg_doucette/status/865324441714270209">https://twitter.com/greg_douc...
This tweet is gibberish
https://twitter.com/bavolley99/status/1129874707610832897">https://twitter.com/bavolley9...
https://twitter.com/bavolley99/status/1129874707610832897">https://twitter.com/bavolley9...
"Maybe she was just [random descriptor that& #39;s not a crime]. Why are you so upset about her then being criminally charged and having her house raided late at night??"
It& #39;s a mystery...
It& #39;s a mystery...
I certainly *thought* I did. Y& #39;all let me know if I& #39;ve missed something https://twitter.com/p1z4t/status/1129877316300156928">https://twitter.com/p1z4t/sta...
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">https://twitter.com/steelrain...
https://twitter.com/steelraine1/status/1129875602490777601">https://twitter.com/steelrain...
My old thread on Takiyah Thompson& #39;s arrest wraps here: https://twitter.com/greg_doucette/status/897673160253898752">https://twitter.com/greg_douc...
Shiiiiiiiiiit https://twitter.com/timmoses37/status/1129870656030404609">https://twitter.com/timmoses3...
Who was it?
https://twitter.com/coolp100/status/1129907366961516544">https://twitter.com/coolp100/...
https://twitter.com/coolp100/status/1129907366961516544">https://twitter.com/coolp100/...
Nah, he couldn& #39;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& #39;t mean *that* one. https://twitter.com/willijjcle/status/1129921882994761731">https://twitter.com/willijjcl...
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 ">https://PayPal.me/riotrevol...
She has a PayPal account you can contribute to directly, here: http://PayPal.me/riotrevolt ">https://PayPal.me/riotrevol...
Idk if they& #39;ve reached out to Ms. Thompson directly, but @LeighTauss of @indyweek – the reporter who broke the story – is the only one who& #39;s contacted me
https://twitter.com/mrmartykann/status/1129851075161448450">https://twitter.com/mrmartyka...
https://twitter.com/mrmartykann/status/1129851075161448450">https://twitter.com/mrmartyka...
Exactly who I was trying to evoke https://abs.twimg.com/emoji/v2/... draggable="false" alt="😉" title="Zwinkerndes Gesicht" aria-label="Emoji: Zwinkerndes Gesicht"> And yes I can lol https://twitter.com/wolfpac_five/status/1130045977811968002">https://twitter.com/wolfpac_f...
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">https://twitter.com/camshai/s...
Mission Accomplished for the Garner police and the racist neighbor who summoned them though
https://twitter.com/rasbabao/status/1130206368030310400">https://twitter.com/rasbabao/...
https://twitter.com/rasbabao/status/1130206368030310400">https://twitter.com/rasbabao/...
Weren& #39;t police in the UK posting pictures on Twitter of basic cutlery they& #39;d bravely seized last week though? https://abs.twimg.com/emoji/v2/... draggable="false" alt="😂" title="Gesicht mit Freudentränen" aria-label="Emoji: Gesicht mit Freudentränen"> https://twitter.com/promotions_my/status/1130227649958293505">https://twitter.com/promotion...
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">https://twitter.com/dotmyname...
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
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 https://abs.twimg.com/emoji/v2/... draggable="false" alt="😂" title="Gesicht mit Freudentränen" aria-label="Emoji: Gesicht mit Freudentränen">
(It was Daniel Shaver, whose execution was national news for weeks)
(It was Daniel Shaver, whose execution was national news for weeks)
(It was Daniel Shaver, whose execution was national news for weeks)" title="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 https://abs.twimg.com/emoji/v2/... draggable="false" alt="😂" title="Gesicht mit Freudentränen" aria-label="Emoji: Gesicht mit Freudentränen">(It was Daniel Shaver, whose execution was national news for weeks)" class="img-responsive" style="max-width:100%;"/>
(No, I& #39;m not exaggerating. This was what I said. https://abs.twimg.com/emoji/v2/... draggable="false" alt="😂" title="Gesicht mit Freudentränen" aria-label="Emoji: Gesicht mit Freudentränen">https://abs.twimg.com/emoji/v2/... draggable="false" alt="😂" title="Gesicht mit Freudentränen" aria-label="Emoji: Gesicht mit Freudentränen">https://abs.twimg.com/emoji/v2/... draggable="false" alt="😂" title="Gesicht mit Freudentränen" aria-label="Emoji: Gesicht mit Freudentränen">) https://twitter.com/greg_doucette/status/1129921165680685056">https://twitter.com/greg_douc...
Happy Monday!
This is now Day 4 of Garner Police holding a family& #39;s alarm clock, computers, and mobile phones – because an old white guy was offended he heard Malcolm X speeches in the middle of the afternoonhttps://abs.twimg.com/emoji/v2/... draggable="false" alt="🙃" title="Auf den Kopf gestelltes Gesicht" aria-label="Emoji: Auf den Kopf gestelltes Gesicht"> https://indyweek.com/news/wake/the-garner-cops-mikisa-thompson-malcolm-x/">https://indyweek.com/news/wake...
This is now Day 4 of Garner Police holding a family& #39;s alarm clock, computers, and mobile phones – because an old white guy was offended he heard Malcolm X speeches in the middle of the afternoon
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& #39;s livelihood to inflict far more than $50 in damages https://twitter.com/steelerspensfn/status/1130511304584761344">https://twitter.com/steelersp...
And even if the ordinance were enforceable, such punishment is capped at a $50 fine – not taking tools of one& #39;s livelihood to inflict far more than $50 in damages https://twitter.com/steelerspensfn/status/1130511304584761344">https://twitter.com/steelersp...
Except they left the TVs, which are capable of cranking out much louder sound than the phones https://twitter.com/kaldrenon/status/1130512171077689344">https://twitter.com/kaldrenon...
Indeed https://twitter.com/isaac32767/status/1130545705720795136">https://twitter.com/isaac3276...
Connecting her with a specialist to handle that aspect of it https://abs.twimg.com/emoji/v2/... draggable="false" alt="😉" title="Zwinkerndes Gesicht" aria-label="Emoji: Zwinkerndes Gesicht"> Every hour Garner PD has her and her kids& #39; stuff is another hour of damages Garner taxpayers will eventually be shelling out https://twitter.com/larrybrautigam/status/1130529587451039745">https://twitter.com/larrybrau...
And that& #39;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& #39;s likely going to get hit with a separate Monell claim https://twitter.com/mdaniels5757/status/1130583537793622016">https://twitter.com/mdaniels5...
https://twitter.com/rawstory/status/1130629779730780160">https://twitter.com/rawstory/...
I& #39;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">https://twitter.com/adam_wrig...
Kinda pathetic that you created a new account just for this to be your first tweet tbh https://twitter.com/therealbeez1/status/1130655778577223682">https://twitter.com/therealbe...
And then liked his own tweet
Sad
Sad
And the police gleefully went along
Twice https://twitter.com/bob_zim/status/1130663494305628160">https://twitter.com/bob_zim/s...
Twice https://twitter.com/bob_zim/status/1130663494305628160">https://twitter.com/bob_zim/s...
I already have. Several times.
I& #39;m sorry you& #39;re new here.
https://twitter.com/nothinoffensive/status/1130663808953978880">https://twitter.com/nothinoff...
I& #39;m sorry you& #39;re new here.
https://twitter.com/nothinoffensive/status/1130663808953978880">https://twitter.com/nothinoff...
Nah, I& #39;m not wasting my time. There& #39;s a pinned tweet there for a reason, he& #39;s welcome to find the Rs https://twitter.com/wqsaves/status/1130669583264768000">https://twitter.com/wqsaves/s...
https://twitter.com/lawcrimenews/status/1130099540269256704">https://twitter.com/lawcrimen...
https://twitter.com/blavity/status/1130553791898632197">https://twitter.com/blavity/s...
Possible. But more likely IMO police already don& #39;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">https://twitter.com/banalexis...
They were just too dumb to do it legally
https://twitter.com/banalexistence/status/1130684651117395968">https://twitter.com/banalexis...
I& #39;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/nothinoff...
https://twitter.com/nothinoffensive/status/1130694857477935104">https://twitter.com/nothinoff...
https://twitter.com/copcrisis/status/1130456773972897793">https://twitter.com/copcrisis...
https://twitter.com/atlblackstar/status/1130512785216032769">https://twitter.com/atlblacks...
https://twitter.com/newsone/status/1130550113905127426">https://twitter.com/newsone/s...
In practice, they& #39;re basically rubber-stamped https://abs.twimg.com/emoji/v2/... draggable="false" alt="😕" title="Verwirrtes Gesicht" aria-label="Emoji: Verwirrtes Gesicht"> https://twitter.com/brian_disharoon/status/1130704123047948288">https://twitter.com/brian_dis...
I think she does too, but I& #39;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">https://twitter.com/brian_dis...
They did not. Garner PD spokesman told the reporter ( @LeighTauss of @indyweek) that they didn& #39;t need to take any measurements, because of the particular statute they charged her under https://twitter.com/harvestplow/status/1130713690146267136">https://twitter.com/harvestpl...
(Which, I would argue, highlights the subjective and unconstitutional nature of the statute they charged her under. But I& #39;m just a lowly defense attorney from an unranked law school so what do I know?)
We& #39;re now at the end of Day 5 of Garner Police holding a family& #39;s alarm clock, computers, and mobile phones, based on a bogus criminal charge under an unconstitutional local ordinance
Not that I& #39;m aware of, but I& #39;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">https://twitter.com/trustbust...
https://twitter.com/trustbustinboi/status/1130942580441735170">https://twitter.com/trustbust...
Do you English?
How does one "blast speakers full volume toward someone& #39;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">https://twitter.com/jasonhali...
How does one "blast speakers full volume toward someone& #39;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">https://twitter.com/jasonhali...
Y& #39;all don& #39;t understand words. Don& #39;t understand physics. Use magical thinking rivaling any GoT episode.
No wonder our political system is a mess...
No wonder our political system is a mess...
https://twitter.com/davidgura/status/1131190213563375617">https://twitter.com/davidgura...
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& #39;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">https://twitter.com/indyweek/...
It& #39;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">https://twitter.com/indyweek/...
Nothing xenophobic at all about you not understanding what words mean
The confirmation that you don& #39;t is appreciated though
https://twitter.com/jasonhalifax/status/1131204830691831810">https://twitter.com/jasonhali...
The confirmation that you don& #39;t is appreciated though
https://twitter.com/jasonhalifax/status/1131204830691831810">https://twitter.com/jasonhali...
It& #39;s impressively ludicrous https://twitter.com/danruccia/status/1131201944796557313">https://twitter.com/danruccia...
Seems unlikely https://abs.twimg.com/emoji/v2/... draggable="false" alt="😂" title="Gesicht mit Freudentränen" aria-label="Emoji: Gesicht mit Freudentränen"> https://twitter.com/shake1n1bake/status/1131194954448027649">https://twitter.com/shake1n1b...
Video footage, how does it work? https://twitter.com/popelizbet/status/1131218169564151808">https://twitter.com/popelizbe...
Clearly you& #39;re supposed to point the speakers back at your own house, so you can listen to the reverb https://twitter.com/paulrvalentine/status/1131233183515709440">https://twitter.com/paulrvale...
Touché https://twitter.com/boatofsloths/status/1131254366537768963">https://twitter.com/boatofslo...
https://twitter.com/theroot/status/1131381778277646338">https://twitter.com/theroot/s...
Ms. Thompson& #39;s son Jeremiah set up a GoFundMe for the family, available here:
https://www.gofundme.com/f/1n9mkxao80 ">https://www.gofundme.com/f/1n9mkxa...
https://www.gofundme.com/f/1n9mkxao80 ">https://www.gofundme.com/f/1n9mkxa...
Yikes on the misspelling (how do you misspell someone& #39;s name that& #39;s been spelled correctly everywhere else it& #39;s reported and in the court paperwork?)
Bonus yikes on the headline and tone https://twitter.com/jeffreybillman/status/1131653942889390082">https://twitter.com/jeffreybi...
Bonus yikes on the headline and tone https://twitter.com/jeffreybillman/status/1131653942889390082">https://twitter.com/jeffreybi...
Btw, we& #39;re now at the end of Day 7 of Garner PD confiscating an entire family& #39;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
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">https://twitter.com/greg_douc...
It& #39;s designed to send a message: time for you to move https://twitter.com/wemarsh/status/1131682834798841862">https://twitter.com/wemarsh/s...
Touché :) https://twitter.com/mejomelissa/status/1131682145238437891">https://twitter.com/mejomelis...
Exactly https://twitter.com/cminmd/status/1131703373600841739">https://twitter.com/cminmd/st...
Depends on the wording. Ones that are vaguely worded or are substantially overbroad are unconstitutional, yes https://twitter.com/kathismoak/status/1131737647418884097">https://twitter.com/kathismoa...
The applicable law, including court decisions, is in this thread @kathismoak https://twitter.com/greg_doucette/status/1131295694617305089">https://twitter.com/greg_douc...
Today& #39;s now Day 8 of Garner PD confiscating an entire family& #39;s electronics – computers, phones, all of it – because of a noise complaint about Malcolm X being played at lunchtime
And it& #39;s a holiday weekend, so Garner PD will still have all their stuff on Days 9, 10, and 11 too
And it& #39;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& #39;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
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& #39;re looking forward to taking this case to trial, and to cross-examining the Garner PD officers involved
We& #39;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& #39;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 https://abs.twimg.com/emoji/v2/... draggable="false" alt="😬" title="Grimasse schneidendes Gesicht" aria-label="Emoji: Grimasse schneidendes Gesicht">
For those so inclined, a reminder that you can financially support the Thompson family at: http://PayPal.me/riotrevolt
Donations">https://PayPal.me/riotrevol... 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)
Donations">https://PayPal.me/riotrevol... 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">https://twitter.com/matt_barl...
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">https://twitter.com/matt_barl...
I& #39;m going to respectfully decline to answer that question https://abs.twimg.com/emoji/v2/... draggable="false" alt="😂" title="Gesicht mit Freudentränen" aria-label="Emoji: Gesicht mit Freudentränen"> https://twitter.com/jeffreybillman/status/1133917924442464256">https://twitter.com/jeffreybi...
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& #39;t speak for the DA& #39;s Office obv, but it was obvious to me the police overreached badly https://twitter.com/gortok/status/1133918124208771073">https://twitter.com/gortok/st...
Gotta celebrate the small victories along the way https://abs.twimg.com/emoji/v2/... draggable="false" alt="👊" title="Fisted hand" aria-label="Emoji: Fisted hand"> https://twitter.com/savagelycivil/status/1133918275216302083">https://twitter.com/savagelyc...
They might later, we& #39;ll see. But First Appearance on the first charge isn& #39;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">https://twitter.com/tangyal/s...
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">https://twitter.com/petertbbr...
But thankfully the Thompson family got their stuff before I tweeted :) https://twitter.com/petertbbrett/status/1133981591116627968">https://twitter.com/petertbbr...
Yep. DA& #39;s Office won& #39;t talk to an unrepresented defendant at all until they& #39;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">https://twitter.com/nc_cyberl...
I& #39;m not a §1983 expert, but this looks an awful lot like ongoing retaliation against Ms. Thompson
Notice the timestamps:
Notice the timestamps:
I sure hope @TommyTrash44& #39;s personnel aren& #39;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">https://twitter.com/greg_douc...
This tweet is gibberish. Getting *less* attention from the police is the entire point (and can& #39;t sue the Town for their misconduct until the criminal charges are tossed in a few months)
https://twitter.com/covfefecaviar/status/1134522406025015296">https://twitter.com/covfefeca...
https://twitter.com/covfefecaviar/status/1134522406025015296">https://twitter.com/covfefeca...
