Comments by "MacAdvisor" (@MacAdvisor) on "The Police Blew Up The House! (The Case Of)" video.

  1. Let's start with the actual text of the applicable part of the Fifth Amendment, "nor shall private property be taken for public use, without just compensation." The text does not limit the taking to just eminent domain, which is one way to "take" a property, nor does the text suggest the government must take title. The test the Amendment clearly states is if the property is taken. Nothing about that taking requires it be permanent, change the nature of the property, even for how long. The police clearly took the property when they denied the family entrance. The police controlled who entered and what was done with the property for some 19 hours. By any reasonable understanding of taking, that qualifies. Moreover, the idea that police power is an exception has been under consistent attack (see: Wegner v.Milwaukee Mutual, City of Minneapolis 479 N.W.2d 38 (Minn. 1991) and Steele v. City of Houston 603 S.W.2d 786 (1980)). Moreover, the Third Amendment to the Constitution places restrictions on the quartering of soldiers in private homes without the owner's consent, forbidding the practice in peacetime. The Founding Fathers demonstrated a clear preference against the government using others property without consent and compensation. By exempting police power, the police do not have any reason to take into account the effect their actions may have, nor to balance their goal with other factors that have weight. For example, in this situation, there simply doesn't exist any reason the police needed to break windows, explode doors, or take any action other than surround the house and wait for Mr. Seacat to exit. Waiting might have taken a few days or weeks, but any damage would be on Mr. Seacat. There wasn't an urgent reason to append him immediately, only a reason to prevent his escape. Lastly, the due process clause is violated by the police department placing the burden of its actions solely on the family. The family didn't do anything, yet are being made to bear the burden of the entire affair that was for the good of the whole community. Because the benefit is for the community as a whole, the community as a whole should bear the cost.
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