...I am the less reluctant to reach this conclusion because the method of enforcing the law exemplified by this search is one which not only violates legal rights of defendant but is certain to involve the police in grave troubles if continued. That it did not do so on this occasion was due to luck more than to foresight. Many home-owners in this crime-beset city [Washington D.C.] doubtless are armed. When a woman sees a strange man, in plain clothes, prying up her [Page 335 U.S. 451 , 461] bedroom window and climbing in, her natural impulse would be to shoot. A plea of justifiable homicide might result awkwardly for enforcement officers. But an officer seeing a gun being drawn on him might shoot first. Under the circumstances of this case, I should not want the task of convincing a jury that it was not murder. I have no reluctance in condemning as unconstitutional a method of law enforcement so reckless and so fraught with danger and discredit to the law enforcement agencies themselves....
- [Mr. Justice JACKSON, concurring.]
"The Right of the People to Keep and Bear Arms shall NOT be infringed." _________________________________________________________________________ "The God who gave us life gave us liberty at the same time: the hand of force may destroy, but cannot disjoin them." --Thomas Jefferson _________________________________________________________________________ Shredding the lies one slice at a time....
Monday, October 29, 2007
McDonald V. U.S., U.S. Supreme Court, [concerning Washington D.C.] Dec. 13, 1948
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment