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The online version of this letter is:
http://www.mass-gov-courts.org/letter-to-selectman-20150902.html 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 kidnapping.
On September 1, 2015, Framingham's police chief, Ken Ferguson told me that he did not need a warrant. He believes that state laws: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXVII/Chapter119/Section51A https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXVII/Chapter119/Section51B somehow supercede the Fourth Amendment to the U.S. Constitution and Article XIV of the Declaration of Rights in the Massachusetts Constitution. Fourth Amendment 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 Is Ken Ferguson the best that Framingham can do as a police chief? Is this the most intelligent man in town for the job as police chief? I would like to request a meeting with the Board of Selectman, the town manager, the town lawyer, Petrini, Ken Ferguson and Jim Rizoli and we can discuss this matter and have a few laughs. I prefer an open meeting. Ken Ferguson can discuss the alleged disappearance of the Fourth Amendment and Article XIV of the Declaration of Rights of the Massachusetts Constitution and where they might be at this moment. 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! Power, by it's nature, is abuse. Power is known to be intoxicating,and liable to abuse. One wonders whether he will charge Patricia Jacob with falsifying her information as MGL 119-51a (c) suggests he should. 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.
For those of you who have short attention spans, you might want to read these two gems. What Framingham needs is not another Where's Waldo book, but a Where the hell is the Fourth Amendment to the U.S. Constitution? book. I have requested any and all public records on this event. Our useless police chief is not releasing an iota of information about this case claiming that the investigation is still under way. This will give the police plenty of time to modify reports to tell the correct story. I al also deeply offended by having your police thugs coming up to my house and shining their flashlights into my living room. They are trespassing on my property. It's clear that they have no respect for law. |
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hjw2001@gmail.com
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