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Above: Lake Geneva, Switzerland. At Montreux.

Fodderize v.t. 1. To break down individual components; to make fungible; to disregard difference; to render one easily substituted for another 2. To impose sub-quality goods or services upon, with little recourse 3. To cap role choices, hinder access to resources regardless of merit, and so avoid competition 4. To manage perception by propaganda-spin techniques, while concealing dispositive facts 5. To manipulate, lure, exploit, deceive

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Sunday, November 1, 2009

New Tort. Failure to Pursue. The Abandoned Hot Pursuit: Legacy of Minefields.

Bring Back Hot Pursuit - 
an early Justice concept.

Reread The EU Schengen Agreement



Original Ditherers Undo Us All
A New Tort? If not, how else
to compensate for our Legacy of Dithering Minefields?
If not, at least increase accountability.


1.  The issue:  Hot pursuit, opportunity for justification lost by past delay.

Clocks tick whether we do or not. Accountability. Can governments that fail to pursue rights of pursuit effectively and promptly, be held accountable?  In concept, no, because of immunity.  But neither should it be ignored, because the concept of the justification of hot pursuit is ancient and valuable.


.
Hot pursuit.  Strike while the iron is hot. Afghanistan at issue in the news. How could we not. See ://legal-dictionary.thefreedictionary.com/Hot+Pursuit/  Think of the time gone by, says the song.

2.  Failure to Pursue as Accountability issue.  Barrier to later Criticism.

Failure to pursue by government 1 may not be a tort, but it should undermine later criticism of how government 2 handles what was left undone.

3.   International organizations recognize the need for facilitating proper hot pursuit issues, including individual rights - see The Schengen Agreement.  


Ten member states of the EU signed the Schengen Agreement in 1985, in Schengen, Luxembourg; and later a Convention implementing it was passed.  Accordingly, the systematic border checks between EU nations were abolished, allowing hot pursuit and other activities.  See ://www.absoluteastronomy.com/topics/Schengen_Agreement/.  The Amsterdam Treaty in 1997:  fostered a community of "freedom, security and justice," and set up a common "foreign and security policy," among other matters addressed.

4.  Current hot pursuit issues: 

What may have been acceptable when the pursuit was indeed hot, may not be so over time. Get the job done early and decisively.
  • Drones over Pakistan. What approval is now needed in Pakistan for those to continue. Perhaps we already have it.
  • Financial regulation, when bad effects are still being felt
  • Ordinary police work. Chase the robbers into their own homes after the heist. Act now before the evidence is flushed.  In hot pursuit, cops don't need warrants. Exigent circumstances. The Fourth Amendment gives us protection in our homes, for ourselves, and our property.  Not in hot pursuit. Those can be suspended. Keep it simple:  go here://legal-dictionary.thefreedictionary.com/Fourth+Amendment
  • Your own puppy and child.  Time between deed and consequence matters.
4.  Resources:  The Right of Hot Pursuit in International Law, see google book, at page 6 ff at ://books.google.com/books?id=npdgzJEROswC&pg=PA6&lpg=PA6&dq=common+law+hot+pursuit&source=bl&ots=9JJCPQTO3z&sig=pS8zcF6SKurpGNhcjVjP9EQwMVc&hl=en&ei=g1kfS4fwOI2YtgeooZGwCg&sa=X&oi=book_result&ct=result&resnum=4&ved=0CBMQ6AEwAw#v=onepage&q=common%20law%20hot%20pursuit&f=false.

5.  Limits. 
  • Investigative detention cannot be done in Texas (probably elsewhere as well)  under the guise of hot pursuit, see ;//www.cca.courts.state.tx.us/opinions/155500a.wpd 
  • And, just because the government or someone violated hot pursuit laws and entered anyway and got evidence, does not mean that evidence will necessarily be suppressed.  
  • You can, therefore, be right and still be wronged.  See ://fourthamendment.com/blog/index.php?blog=1&title=il_hot_pursuit_violation_of_neighboring_&more=1&c=1&tb=1&pb=1/  
  • You can be right in your objection to the act of cold pursuit, but not get anywhere in fighting its use.  No fruit of the poisonous tree here, where evidence stemming from other evidence illegally gotten, cannot be used if from that line of investigation. See ://www.answers.com/topic/fruit-of-the-poisonous-tree