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.
18 comments:
"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."
Is this available online?
It's hard to imagine how they could accomplish anything but prolong the inevitable and eventually make themselves look even worse with their unfair efforts to paint the innocent as guilty and cover up their corruption.
Praying for Negeen. But how appropriate that this joke of a trial should take place on April Fool's Day.
Thanks, David, for the update, and we will pray that the truth win win out. This whole account is so appalling!
I spent my first 40 years in Michigan and left there about 11 years ago for New York state (heh, like that's a big improvement). The Detroit area has gone downhill and the population is diminishing. Perhaps the problem is bigger than Dearbornistan, but Michigan's leftist state government as well?
Will justice or Shariah prevail in Dearborn?
This case is so infuriating on every level. My prayers are with Negeen. I know it's not fun to be in the position but remember Jesus' words:
"If the world hates you, keep in mind that it hated me first." John 15:18
God Bless
Greetings, Islam was revealed to the peace, Islam has never taught terrorists, Islam does not encourage people to war, Islam can live peacefully side by side with our religions, there is no compulsion in belief
http://aseps21.blogspot.com/
Hello:
It is a corrupt world.My total support for Negeen.It has happened more than once.The woman's rights activist,Austrian Elisabeth Sabaditsch-Wolf was condemned to pay a fine in Austria for saying Muhammed was a pedophile.But that is what the historical evidence,as far as we can tell,shows.What else could she conclude?Accept that it was ok even if one accepts that Aisha had menstruation at age 9?Does that make it better?
@ASAZ - that is a mecca verse and was abrogated in media. There is no way muslims can co-exist with other human beings while practising the death cult and reading that terrorist manual.
Interesting point about Detroit - this article appeared yesterday:
http://www.dailymail.co.uk/news/article-1370199/Detroit-Haunting-photos-crumbling-remains-highlight-decline-Motor-City.html
the effect of islam around the world. East London is looking pretty dire these days too plus has the highest number of children living in poverty. No doubt with the islamist council it will get far worse http://news.bbc.co.uk/1/hi/england/london/7643164.stm
Asaz,
I tried really hard, but I couldn't find a single thing in your comment about Islam to agree with. Could you possibly have Islam confused with Janism?
Hi ASAZ... I was myselff a muslime before and I never knew that islam (?!?) you are portraiting... are you sure you know whate islam is? cann you presente, here and so everyone can see it, proofs, from islam fundamental texts interpreted by orthodox islam, off whate you say? tnaks in advance and my our commum God, the Holy Trinity, bless you...
So what is next? Can any of us help? Would a letter writing campaign help?
Koala,
Detroit's decline has zero to do with Islam. Why don't you do some research on Coleman Young and how he drove business from the city. The Detroit area suffered from depending too much on the auto industry for so many years.
All good wishes from across the Atlantic.
I suppose the powers that be in Dearborn are under immense pressure to try and salvage some shred of credibility from this whole debacle.
All good wishes to Negeen from across the Atlantic. How awful to have this hanging over her through absolutely no fault of her own. Chin up girl!
I suppose the powers-that-be are under immense pressure to try and salvage some shred of credibility from this whole debacle, so I'm not in the least surprised they're fighting tooth and nail. No doubt truth and justice come a long way behind saving face, and I'm sure there are plenty of faces with furrowed brows in Dearborn right now.
And you just know that they will pounce on the most meagre crumb in order to work it up into a big bread stick with which to bludgeon you all in the future.
Fingers crossed their dough doesn't rise.
wdaesrfdgrb
Dearborn Lawyers William DeBiasi and Debra Walling continue their persecution of Christian convert Negeen Mayel. It's crucial to find a trusted lawyer for your case. For a global data-driven guide to hiring decisions.
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