On August 19th, 2015, at 1310, a boatload of Framingham police officers and two
thugs from the Department of Children and Families came over for the explicit
purpose of kidnapping the two kids in my care (age 13 and 6). The two kids
stepped outside to see what was going on and were immediately led away by
police officers to cars. No one showed me a warrant or court order as
required by the U.S. Constitution's Fourth Amendment to perform this
On September 1, 2015, Framingham's police chief, Ken Ferguson told me that he did not need a warrant. He believes that state laws:
somehow supercede the Fourth Amendment to the U.S. Constitution and Article XIV of the Declaration of Rights in the Massachusetts Constitution.
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized
I am fascinated as to how Ferguson rationalized that the Fourth Amendment could be bypassed, as well as the due process of law in the Fifth and Fourteenth Amendment before he could simply kidnap children from lawns, malls, gas stations, etc.......
Exigent circumstances are exceptions to the general requirement of a warrant under the Fourth Amendment searches and seizures. Exigent circumstances occur when the a law enforcement officer has a probable cause and no sufficient time to secure a warrant. Ken Ferguson's (the mandated reporter) exigent circumstance included the name of his political foe (Harold J. Wolfe) and an old woman's ramblings. He is using his position for a political vendetta and repression.
Courts use the term exigent circumstances as a shorthand for a group of related exceptions to the probable cause and search warrant requirements. These exceptions are established in a line of cases wherein emergency intrusions are undertaken in order to protect or preserve life or to avoid serious bodily injury. "The right of the police to enter and investigate in an emergency . . . is inherent in the very nature of their duties as peace officers, and derives from the common law." However, in order to qualify for the "exigent circumstances" exception to probable cause there must be a showing of true necessity - that is, an imminent and substantial threat to life, health, or property. "To put it another way, state actors making the search must have reason to believe that life or limb is in immediate jeopardy and that the intrusion is reasonably necessary to alleviate the threat.
All this stems from Ken Ferguson overzealousness to put me away as a political nuisance to his life. This town should not tolerate police chiefs who have a political agenda to remove their political opponents. Fire him!
In the United States, a no-knock warrant is a warrant issued by a judge that allows law enforcement officers to enter a property without immediate prior notification of the residents, such as by knocking or ringing a doorbell. Even in the cases of no-knock warrants, they need a warrant, but our police chief is abusing his power for a political purpose, for political repression.
Sometimes, the purpose of writing is to inflate weak ideas, obscure poor reasoning and inhibit clarity. With enough practice, Ken Ferguson can create an inpenetrable fog and become a regular fog making machine.
You might also want to examine these laws. Note that the Fourth amendment lives.
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