The Bill of Rights was written to protect United States citizens from the government. The Fourth Amendment guarantees protection against unlawful search and seizure:
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.
According to the Fourth Amendment, police cannot search or seize a U.S. citizen "but upon probable cause," i.e. a reasonable suspicion, based on evidence, that a person has committed, is committing, or is about to commit a crime.
While Negeen was filming the following video, Dearborn police officers Brian Kapanowski and Justin Smith, along with several other people, approached her from behind and ordered her to stop filming. Since Negeen had committed no crime and wasn't even accused of committing a crime, Dearborn Police had no lawful authority to order her to stop engaging in Constitutionally protected activity. (That's the First Amendment.)
When Negeen, startled at being approached by no less than six people, didn't immediately comply with Corporal Kapanowski's unlawful order, he grabbed her (an unlawful seizure). When she told him to stop illegally touching her, he snatched her camera from her (another unlawful seizure). He then dragged her out of the tent (another illegal seizure). A little later, Corporal Kapanowski had Negeen thrown into the Dearborn City Jail, and he charged her with two crimes: "Breach of Peace" and "Failure to Obey the Lawful Order of a Police Officer."
Before Negeen's trial even began, her lawyer, Robert Muise, filed a motion showing that Negeen's Constitutional rights had been violated, that she had committed no crime, and that the charges against her must therefore be dismissed. Any respectable prosecutor, in any city that honors the U.S. Constitution, would have immediately thrown out the charges.
Welcome to Dearborn, where City prosecutor William "Sharia Bill" DeBiasi went after Negeen like a man possessed.
Of course, Sharia Bill's war against the U.S. Constitution would have been in vain, had it not been for the Constitution-undermining efforts of Dearborn Judge Mark Somers. Judge Somers declared, before the trial even began, that Corporal Kapanowski had probable cause to arrest Negeen, since Roger Williams had complained about Negeen filming him from a distance while we were talking to him! Judge Somers, who took an oath to support and defend the Constitution of the United States, apparently believes a person can be arrested and thrown in jail for filming her friends at a public festival!
Shockingly, at the trial, Corporal Kapanowski admitted, under oath, that filming at a public festival is not a crime, and that Negeen hadn't been accused of doing anything illegal. However, Judge Somers refused to reverse his decision that Corporal Kapanowski had probable cause to arrest Negeen. This means that, according to Judge Somers, a U.S. citizen can be arrested for doing absolutely nothing! Quite a low view of the Constitution, I would say.
Obviously, we weren't going to get a fair trial in the City of Dearborn. Judge Somers wouldn't even allow Negeen's lawyer to present evidence to the jury that Corporal Kapanowski's orders were unlawful. Based on this egregious blunder of Judge Somers, and the deceptive tactics of "Sharia Bill" DeBiasi, Negeen was found guilty of "Failure to Obey the Lawful Order of a Police Officer." She now has a criminal record.
Seems like an obvious victory on appeal, right? In a sane world, where lawyers who agree to uphold the Constitution actually take their oaths seriously, Negeen's appeal wouldn't even be challenged.
Welcome to Dearborn, where the Constitution apparently isn't worth the paper it's written on. After Negeen's appeal was filed, Dearborn attorneys William DeBiasi and Debra Walling filed a massive 69-page attack against Negeen (and America), claiming that it was perfectly acceptable for Corporal Kapowski to manhandle and arrest her. Of course, if the atrocious behavior of Kapanowski and Smith had been directed at a Muslim, Dearborn's "Sharia Lawyers" wouldn't dare defend police. But Negeen is an apostate from Islam, and a convert to Christianity, which means that she's fair game in Dearborn.
Some people wonder why we're making such a fuss over this, or why we're so concerned about Dearborn. Think about it. In 2009, three of us were physically attacked by several Muslim security guards for asking a question at a booth that invited us to ask questions. Did Dearborn prosecutors charge any of these Muslims with a crime? Not at all. In 2010, Negeen was thrown in jail for thinking that she was protected by the U.S. Constitution, and three more of us were thrown in jail for peacefully discussing Christianity with a group of Muslims who approached us. In order to justify the arrests, Dearborn police officers had to make numerous false statements in their police reports. When Dearborn prosecutors saw the video footage, and recognized that police had filed false reports, did they prosecute the police? Not at all. Did Dearborn prosecutors charge Roger Williams for falsely accusing us? No. Instead, prosecutors went after us even more forcefully!
It seems, then, that people who attack Christians, by any means necessary, are completely immune from prosecution in Dearborn. Based on what I've seen, there is corruption at every level of government--in the police department, in the prosecutor's office, in the courts, and especially in the Mayor's office. Strangely enough, despite the evidence, there isn't much concern over what's going on in Dearborn.
On April 1st, Negeen's appeal will be argued in front of a judge at the Wayne County Circuit Court. The Thomas More Law Center's Robert Muise will argue that the Constitution of the United States is applicable in the City of Dearborn. William DeBiasi will continue the City of Dearborn's attack on American values and the Bill of Rights. Please pray for wisdom for the judge, and for justice to be served.
For a complete summary of the events in Dearborn, click here.