Non-football related stuff that really makes your day

[bimmer84]

great looking car. yep, need shots of the engine bay.

[Timmy]

Its dark out and I'm friggin beat anyway but here's a pic of the dyno run. Tomorrow I'll get some pics of the car itself.

[Timmy]

http://s92.photobucket.com/albums/l7/tarfin/Stealth/

Have to get some interior pics later....

[SeattleLionsFan]

Brutsche v. City of Kent:
Imagine the police execute a lawful warrant but cause more damage than they should have caused when executing the warrant. In particular, they used a battering ram to break down the door when (at least arguably) they didn't need to. The homeowner sues the police for the damage: What's the legal standard for determining the officers' liability? And on what theory can the civil action be brought?

You might think there are lots of cases on this, but there aren't: It actually arises only very rarely. Last week, the Washington Supreme Court became one of the relatively few courts to opine on the question in Brutsche v. City of Kent. The majority adopted the following rule:

We adopt Restatement (Second) of Torts ? 214 and conclude that liability in trespass may arise if by intentionally doing an act that a reasonable person would not regard as necessary to execute the warrant and thereby damage the property, or by executing the warrant in a negligent manner and thereby damaging the property, law enforcement officers exceed the scope of their privilege to be on the land to execute a search warrant.

The majority concluded that under this standard, there was insufficient evidence for a jury to conclude that the officers were liable. As a result, the homeowners were not entitled to damages.

Justice Richard B. Sanders, one of the most libertarian state Supreme Court Justices (watch him address a CATO crowd on the police power here, Real Player required), wrote a very interesting dissent. Sanders argued that the damage to property should be a taking requiring just compensation under the Washington State Constitution. Sanders cites everything from CATO publications to our own Randy Barnett, and I suspect many VC readers will enjoy giving the opinion a read.

Hat tip: FourthAmendment.com. For a related exchange between Ilya and myself a few months ago, see here.

The Volokh Conspiracy is among the most widely read legal theory blogs in the united states. And they talk about an opinion I helped draft...booyah!

[unknown lions fan]

I started reading it the other day SLF, but haven't had the time to sit down and read it cover to cover - but congratulations anyway!

When I get a chance, I'll be interested in discussing it with you over in the thread in which you posted it.

[Sharkbait]

Last Wednesday, my fourth grandbaby was born, a girl named Karma Rayne.
Three girls and one boy now.
.

[YT]

Congrats Sharky!!!!

You have a great looking family (must take after their grandmother's side huh? :-P )

[Panoptes]

Congrats abuelo.

[Drew]

Excellent news Grampa ?ait. Cun gratch you lay shuns!

[Drew]

The Volokh Conspiracy is among the most widely read legal theory blogs in the united states. And they talk about an opinion I helped draft...booyah!

I couldn't get through all of Sanders' dissenting opinion. Does he feel as though the arrest made is not valid because the cops oblitorated the door when they didn't need to, or is he just saying the state has to replace the door? I think as long as they make the door the way it was and censure those responsible, the arrest should stick.

That's my stupid $0.02 that's probably only worth $0.002 with today's economic situation.

[romster]

Congrats Sharky!

And way to go SLF!

Speaking of the legal system, I saw a documentary the other day (After Innocence) about prisoners proven innocent by DNA testing and being let out of prison and how some states (NJ for one) won't expunge their criminal records so they're still considered felons! How appalling!

[Malto Marko]

Congrats you old fart!

[DanO]

Congratulations Sharky.

GO LIONS "08" !!!!!!!!

[Sharkbait]

Thanks everybody, my Grand kids are the best. And my daughter has turned out to be a far better mother than I ever expected. I was choking back tears the other day when I told her how proud of her I am.

[SeattleLionsFan]

I couldn't get through all of Sanders' dissenting opinion. Does he feel as though the arrest made is not valid because the cops oblitorated the door when they didn't need to, or is he just saying the state has to replace the door? I think as long as they make the door the way it was and censure those responsible, the arrest should stick.

That's my stupid $0.02 that's probably only worth $0.002 with today's economic situation.

Yeah, there was no question about the arrest.

The police came to a man's house, looking for the man's son on a meth warrant. They proceed to kick in every door on the property, even though the landowner was going to give them keys to open the doors without damage.

The guy's son IIRC was eventually exonerated, then died. The guy who owned the place was looking to be reimbursed the 8,000 he spent replacing all the doors and door jambs the police kicked in, instead of using his key to unlock them.

It's really a hideous case, and one I was really hoping to win.