By
Paul L. Nally
Not To ask what price our Liberty, but what price inattention to it.
Mrs. Katharine Johnston’s death should never have happened. Then the Habersham child and now David Hooks.
As a former Police Chief and Judge, I have found it useful to look to the past for guidance and understanding. In 1604 Lord Coke ruled that (paraphrasing) a man’s home is his castle, and if the sheriff comes upon the King’s business, he may not break down the door, but he must announce his business at the portal.
From that time until our Constitution, that was the Law (the Common Law). That concept was codified by the enactment of the 4th Amendment’s unreasonable clause which applied to the Federal Authorities. In Georgia, that Common Law Rule applied until about 1865 when it was codified into Georgia’s statutes.
Until today, the black letter law to make a “good faith attempt to announce”, enacted by and affirmed by each session of our Legislatures, has remained as the will of the people of this State. But our inattention to the workings of our Courts has led to the tragedies of innocence maimed and innocent blood shed by an oppressive government, not once but many times.
Starting in 1970 with the Skull v State case, our appellate courts have “looked the other way” when errant, untrained, and mentally incompetent officers have broken down the door in the dark of night; in too many cases, relying on the “authorization” of a judge. Even with the “no-knock” issue squarely in their face, they have ignored the issue and deceptively advocated why the offending officers should be exonerated.
Did our Legislature authorize this conduct in the law by making an exception to the plain command to make a good faith attempt to announce? No, they did not. And neither the Executive nor the Judicial branch may make Laws.
But make law the Judiciary has done, and the Executive arm enforces it, and in more than one case. And the “law” they made was to deprive every citizen of their right to know they were secure within their own home. The reason? To protect the purse strings of ignorant, and in too many cases, corrupt sheriffs and County Officials who cared nothing for the dignity of those whom they were suppose to serve, and caring less about the concept of innocent until proven guilty, thinking themselves “above the law” because “they know the judge”.
In short, there has existed for several years, a form used by judges in this State. It is titled Application for No-Knock Entry. That form is not authorized by any code section of the Georgia Statutes; neither may it be implied to be authorized by the language of any statute on the books. Yet, it is published and distributed to every magistrate court in this State as an “official form”. Its sole function, once signed, is to give the appearance of “lawful conduct” to officers who desire to break down your door and terrorize your home in the middle of the night … even when the facts do not authorize it, and its being obtained is based upon lies, half-truths and incompetent or no verification of alleged facts.
Forced initial entry into a home is not legal … it is a crime! So, too, is the issuance of that form an illegal act since a judge has no authority to make law or to amend an existing law. That issuance is a crime committed by a judge! Any officer who enters without first announcing his business commits two felonies under Georgia Law, theft and a violation of his oath of office. A judge, who issues an Authorization for No-Knock, also commits two felonies, a violation of his oath of office and a conspiracy to commit felony theft. And both commit two federal felonies contained in Title 18 of the United State’s Code!
If a death occurs during the exercise of this illegal conduct, both the officers executing such a search warrant and the judge who issues it have violated Georgia’s Felony Murder statute and should be so presented by a Grand Jury and sent to trial for their very lives, if not their liberty for the rest of their lives, or they should be tried and sentenced on Federal murder charges under sections 241 and 242 of Title 18.
This long endured treason, the corruption of our Judicial and Executive branches must be held to account for these criminal acts. We, the people of this State, cannot afford to bow down any longer and must demand that our Grand Juries in every County put an end to the despotism of our ignorant and uncaring Judges and cops. Hold them accountable at the peril of their liberty … in our Constitution; they are not above the inquisitorial power of our Grand Juries!
And as a side note, our Grand Juries must look with a stern eye to the conduct of our legislators and our Governor who have also “looked the other way”. They, too, must be held accountable, for the blood of the innocent stains the skirts of their integrity as well since they have refused to use the power of impeachment against a corrupt judiciary and Office of the Governor … and in so doing have violated their oaths of office to protect the person and the property of all the citizens of this State!
Though we are late, and the time is past, we must rise up as one free people and proclaim with one voice … Never again will our rights be ignored, never again will the blood of the innocent stain our land!