ATS: Florida State Law Enforcement Stopped By Local Police From Taking Schiavo

Just hours after a Florida judge refused to remove Terri Schiavo from her hospice, a team of state law enforcement and agents from Department of Children and Families were in route to seize her. Thier intent was to take her to a hospital and have the feeding tube reinserted. The groups apparently backed down when the local police indicated that they would enforce the court order. State officials have denied that any showdown has occurred.



I have refrained from the deluge of "Terri" stories, but this is simply too outrageous to let go. Clearly if true, there need to be an investigation into what is an outrageous abuse of power. The agencies are stating that the Judges order can be frozen if an agency appeals it. Local officials have declined to discuss the event which speaks volumes.

Could civil war erupt over an invalid?

Please stay tuned.....same bat time.......same bat channel

This is the same state, and governor, who the feds overturn their state's rights in the 2000 presidential election. It seems Florida has a problem with it's sovereignty, and lets different government organizations trip over each other.

The sad reality is all those so called right to life hypocrites (we all know how much they are in love with the death penalty and George's splendid little war) and the wrong wingers (I cannot call them the right anymore, they are SO wrong) that have seized the Rupublican party really don't give a damn about the poor woman...it's all about political posturing...mark my word, if her and her family were poor or black or hispanic or gay we wouldn't be hearing a peep from them. I hope it all blows up in their scantamonious, hypocritical, self righteous faces.

I don't see how this could happen. All local police authorities derive from and are subservient to the State government. They should have absolutely no power to stop State police.

Originally posted by djohnsto77
I don't see how this could happen. All local police authorities derive from and are subservient to the State government. They should have absolutely no power to stop State police.

That's what I thought. My impression of the rule of law reads that state law enforcement supersedes local law enforcement every time!

This causes more problems than State police trying to stop the FBI or other Federal agents, at least there you have a federalism constitutional issue. Here, the local police have no power other than what is granted to them by the State.

Originally posted by FredT
Just hours after a Florida judge refused to remove Terri Schiavo from her hospice, a team of state law enforcement and agents from Department of Children and Families were in route to seize her. Thier intent was to take her to a hospital and have the feeding tube reinserted.

My question on this is - how are DCFS employees/agents able to act unilaterally without court order? I don't like to think that any person, forget Schiavo, can be seized without due process or without a judge's order.



B.

O.K. She is in a hospice. Does that put her under any Federal, State, or local custody, incarceration, or jurisdiction? How can a judge determine whether she lives or dies. She has commited no capital crimes. Does a husband/wife have more say so about whether thier spouse lives or dies over that of his/her biological parents? To me, there are alot more questions than there are answers about this case.

Originally posted by grover
really don't give a damn about the poor woman...it's all about political posturing...mark my word, if her and her family were poor or black or hispanic or gay we wouldn't be hearing a peep from them. I hope it all blows up in their scantamonious, hypocritical, self righteous faces.

You seem so sure that this is all it is and can write it off. How sad for you that you do not see too, that some people cannot bear to witness any further the inhumanity of this situation, of a human being whose condition is described today as her tongue and eyes bleeding and her skin flaking off from being denied even hydration.

Some of what we see is probably some of what you describe, but it is not that simple Some of it is true compassion and unfathomable horror for the suffering that they believe is being induced here. Maybe that is a media lie, maybe she didn't try to say I wan't to live the day they removed the feeding tube. Or maybe she did.

It is pointless to debate this any further - the only way to Deny Ignorance at this point is to admit NONE OF US KNOW what has been done here or the repercussions, so both sides should be (and I think are) shaking at the ramifications of this entire scenario, even though for entirely different reasons.

Originally posted by Relentless
It is pointless to debate this any further - the only way to Deny Ignorance at this point is to admit NONE OF US KNOW what has been done here or the repercussions, so both sides should be (and I think are) shaking at the ramifications of this entire scenario, even though for entirely different reasons.

Nicely stated

I can't believe people keep pronouncing her dead!

She's neither clinically or brain dead by any medical definition. Yet.

Originally posted by djohnsto77
I don't see how this could happen. All local police authorities derive from and are subservient to the State government. They should have absolutely no power to stop State police.

Florida does not have a "state police" to be subserviant to. Florida only has:

• a "highway patrol" which only does traffic enforcement and investigates traffic crashes. They don't do traditional police work, like answering 911 calls and investigating thefts and domestics and robberies, etc...
  
• a "Florida Department of Law Enforcement" (FDLE) -- This is a state investigative agency. They couldn't be named the Florida Bureau of Investigation because the initials would be FBI, so they chose FDLE instead. Anyways, they are not a state police and it is illegal for them to make civil traffic stops.

In Florida, sheriff departments are the most powerful police agencies in the state, unlike in other states where sheriff departments are weak. Sheriff departments are like gods in Florida. For example, a deputy sheriff can go to any crime scene in his county and can "take it over." In Florida, deputy sheriff's have more power than municipal police officers and more power than state troopers. A Florida state trooper can only enforce traffic laws and he has traffic authority throughout the state, but his authority ends with traffic enforcement. I once heard a prosecutor say that Florida troopers are overpaid meter maids.

Confused yet??? Welcome to Florida!!!

[edit on 26-3-2005 by me again]

Those local cop are really doing thier jobs, Great job!

Originally posted by djohnsto77
I don't see how this could happen. All local police authorities derive from and are subservient to the State government. They should have absolutely no power to stop State police.

The Judge in the case had issued a valid order to the Sherrif department to uphold his no move order according tot he article. THe local police are also bound to uphold a lawfull order from a judge as well.

THe implications, even if there really is a legal loophole is quite scary IMHO. However, old Jeb just torpedoed any chance he ever had of running for the presidency with this and his other conduct in this matter

The courts have no power over the police. They are employees of Jeb Bush, the Governor. If he was deemed to breaking law by not following a court order, he could be impeached by the Legislature. It's called balance of power between the branches of government, something that seems to have been forgotten in lieu of tyranny of the judicial branch.

Originally posted by djohnsto77
The courts have no power over the police. They are employees of Jeb Bush, the Governor. If he was deemed to breaking law by not following a court order, he could be impeached by the Legislature.

Jeb Bush does not decide what is the law. He is not the law unto himslef. The judge decided the law and the police officers and state officials are supposed to carry out the law without the politiciking that is going on. Every state enforcement person who attempted this should be fired or at the very least be held in contempt as well as the governor two.

Jeb cannot decide what is right or wrong, he can sign laws and campaign for them but he is not above them no matter how much he prays/

.
kudos to the local police for upholding the law.

One more point for local government being superior to state and national government.

The Republican govenor wants to dictate another private family's decision.

People throughout this nation's history have fought for freedom to make your own decisions and the religious right wants to take that away from people and families.

Keep the democrats out of my wallet and the republicans out of my private business.
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This has been a tragedy from the start. What everyone should do is use this as an example to have a living will made up. If this lady would have had a living will, then this would have all been over long ago. I hate to see people suffer but sometimes its good to just let go of a loved one. Especially one who cant feed themselves and will be required to live like a vegetable for the rest of there lives. I know everyone wants to see the best thing come of this which is let her pass away. Unfortunatley she has to starve to death which I disagree I wish they could just euthenize her so it will be over.

This seems border line criminal,no?

First Jeb made false allegations in court that they had evidence that Michael Schiavo was trying to kill her. Now he's sent his police forces to remove her from her home and forcibly and against a court order re-insert a tube into her stomach? And all this against the legal and binding oral living will?

Can Jeb Bush be impeached in florida for this? I mean, clinton lied under oath, that was an abuse of power and he probably should've been thrown out. Now a state governor is doing all these illegal things. Should they not start whatever impeachment proceedings they have in florida?

I also see in the news that her parents want her to receive communion for easter. More idiocy. First off, its a mortal sin in catholocism to receive communion when you have missed it for any lenght of time, without going to confession. Secondly, if they feed her bread she will die. If they pour wine down her throat, she will drown.

Also, these parents have gone beyond merely being distraught and thus irrationalized parents. They've actually preposterously claimed that she told them she wants to live. Thats not physically possible. They are literally, liars. This is getting way out of hand.