Show Notes – Revolution Radio 2022-08-03

Hour 1
Hour 2

Knock and talk.
How the police avoid warrants.

The common thread; we have law and order.
Police and lawyers are not above the law.
The ATF Had No Warrant To Do This (Would You Comply?) USCCA

A license may be implied from the habits of the country, notwithstanding the “strict rule of the English common law as to entry upon a close. We have accordingly recognized that the knocker on the front door is treated as an invitation or license to attempt an entry, justifying ingress to the home by solicitors, hawkers and peddlers of all kinds. This implicit license typically permits the visitor to approach the home by the front path, knock promptly, wait briefly to be received, and then (absent invitation to linger longer) leave. Complying with the terms of that traditional invitation does not require fine-grained legal knowledge; it is generally managed without incident by the Nation’s Girl Scouts and trick-or-treaters. Thus, a police officer not armed with a warrant may approach a home and knock, precisely because that is no more than any private citizen might do.
* * *
As the majority acknowledges, this implied license to approach the front door extends to the police. See ante, at 1415. As we recognized in Kentucky v. King, 563 U.S. 452, 131 S.Ct. 1849, 179 L.Ed.2d 865 (2011), police officers do not engage in a search when they approach the front door of a residence and seek to engage in what is termed a “knock and talk,” i.e., knocking on the door and seeking to speak to an occupant for the purpose of gathering evidence. See id., at 469, 131 S.Ct., at 1862 (“When law enforcement officers who are not armed with a warrant knock on a door, they do no more than any private citizen might do”). See also 1 LaFave § 2.3(e), at 592 (“It is not objectionable for an officer to come upon that part of the property which has been opened to public common use” (internal quotation marks omitted)). Even when the objective of a “knock and talk” is to obtain evidence that will lead to the homeowner’s arrest and prosecution, the license to approach still applies.

https://scholar.google.com/scholar_case?case=11257938519868562913&q=Florida+v.+Jardines,+133+S.Ct.+1409+(2013),&hl=en&as_sdt=4,60

“Knock and Talk” Okay, Despite “No Trespassing” Signage

Thus, a majority of the appellate court held the four “No Trespassing” signs around were insufficient to revoke the implied license for officers to attempt a “knock and talk” at Carloss’s residence. For this and other reasons addressed in the lead opinion, the Tenth Circuit affirmed the district court’s decision to deny Carloss’s motion to suppress.

https://www.fedagent.com/news/knock-and-talk-okay-despite-no-trespassing-signage

ATF Agent tased, arrested at gunpoint by Columbus Police

ATF Agent tased, arrested at gunpoint by Columbus Police – new bodycam footage

Ex-MPAA top lawyer sentenced to one year in prison in sex abuse case

According to a police affidavit, after an initial consensual meeting in which he paid for sex, he threatened to tell the victim’s family, landlord and workplace if she refused to meet for sex again. Fabrizio sexually abused her after pressuring her to agree to a second encounter, the affidavit said.

https://www.reuters.com/legal/legalindustry/ex-mpaa-top-lawyer-sentenced-one-year-prison-sex-abuse-case-2022-01-07/

An attorney’s fabrication of evidence in his Chapter 7 bankruptcy drew disbarment

“[T]he evidence demonstrates that respondent initiated and continued a multi-year strategy to—in simplest terms—cheat the law and the legal system. [The] ongoing scheme demonstrates tactics which were protracted, consistent, manipulative and fraudulent. In order to avoid his legal and financial responsibilities under the federal bankruptcy codes and regulations, he withheld, misrepresented, destroyed, concealed, manipulated, forged, and/or contrived evidence which was highly pertinent to the federal court and the litigation. Among those acts and omissions was his tampering with electronic computers and their data. Moreover, the decisions he made, the acts and omissions which followed, do not present themselves as either coerced, heat-of-the-minute, knee-jerk, impulsive, or reflexive. Quite to the contrary, they appear to have been planned, sophisticated and somewhat interdependent parts of a continuing and protracted course of conduct.”

https://lawprofessors.typepad.com/legal_profession/2022/07/an-attorneys-fabrication-of-evidence-in-his-personal-bankruptcy-drew-disbarment-from-the-new-york-appellate-division-for-the.html

Criminal Bankruptcy Fraud Penalties

A criminal bankruptcy fraud case will tend to involve a more elaborate scheme than what the average person would attempt, with the debtor knowingly executing a plan impacting numerous, if not all, creditors. And it doesn’t happen in a vacuum. The actions leading to prosecution for bankruptcy crimes can violate other federal statutes. For instance, an indictment for bankruptcy fraud often includes counts for perjury, tax fraud, bank fraud, wire mail fraud, identity theft, and conspiracy, bringing a schedule of penalties adding years to sentences imposed for bankruptcy crimes.

https://www.nolo.com/legal-encyclopedia/bankruptcy-fraud-consequences.html

“I Have F*cking Killed A Human Being”

Is that door closed? Is that window closed? OK, good. Now, if you would please. I’m going to make this real clear. So, you can look at me and you can smell me when I say this. And I don’t give a shit whether you like it or not, but I’m touching you. [Audible rustling.] Alright, now look at me. I have fucking killed a human being. And you know what, I am not fucking proud of that. But there’s one thing that I have a capacity to do and to be, alright, is a killer. Now, one thing you don’t have and you talk big and bad, is you don’t have that capacity. And it is a horrible capacity to have. Alright? You want to rat me out and tell people about it, you go right ahead.

https://lawprofessors.typepad.com/legal_profession/2022/07/an-attorneys-personal-relationship-with-a-client-led-to-x-by-the-ohio-supreme-court-buzzelli-admitted-that-he-commenced-a-se.html

Oral argument video for above

https://www.ohiochannel.org/video/supreme-court-of-ohio-case-no-2021-1233-medina-cty-bar-assn-v-buzzelli

Music Credits

Danheim – Mannavegr (Full Album 2017) Viking Era & Viking War Music
https://youtu.be/8tilKaOINmE

Sector Space
https://sectorradio.ru/space/

Don’t Taze Me Bro’
https://youtu.be/i0YPjtGtbm8

Mason Proffit – Two Hangmen
https://youtu.be/CC3yZdG_2Bc

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