Zimmerman Escapes from Police Custody
By Alton H. Maddox, Jr.
By Alton H. Maddox, Jr.
In American jurisprudence, every legal action must be authorized by an applicable constitution, statute or charter. It was revealed this week that the Sanford Police Department seized George Zimmerman for the death of Trayvon Martin. Trayvon was fatally shot on February 26, 2012 in Sanford, FL. Thus, this seizure had to have been done in compliance with the Fourth Amendment.
Neither George Zimmerman nor Robert Zimmerman, has father, has ever claimed a false arrest. Similarly, the attorney for George Zimmerman has never charged the Sanford Police Department with conducting a false arrest. Thus, Zimmerman is admitting to a lawful arrest. His claim of self-defense does not vitiate the arrest. Self-defense is reserved for trial.
Once a defendant has been arrested, the legal process commences. An arrest occurs when a suspect has been restrained of his liberty. Geroge Zimmerman was escorted from the crime scene to the police precinct in handcuffs. This is an arrest. Zimmerman was in police custody.
Once a criminal suspect has been arrested, he or she must be taken before a judicial magistrate who may detain the suspect, fix bail or release the suspect after according him or her due process of law. There is no evidence that George Zimmerman appeared before a judicial magistrate. Why?
How did George Zimmerman secure his release from police custody? This is the $64,000 question. With the sua sponte appointment of a special prosecutor, there is at least a suggestion of misconduct. No one has explained how George Zimmerman secured his release and went immediately into hiding with protection from Florida.
At this stage, George Zimmerman has obviously escaped from police custody. The police can re-arrest George Zimmerman, however. Similarly, any citizen or civilian group can arrest George Zimmerman. This includes the New Black Panther Party. The Black community needs a military unit to comply with the Second Amendment.
In the meantime, the governor of Florida must explain how George Zimmerman escaped from police custody and whether he had any assistance. If Zimmerman did have assistance, the governor should identify an accomplice and take necessary steps to bring criminal charges against him or her.
The killing of a person by another person could give rise to a capital offense. This is possibly a non-bailable offense. The unlawful release of a criminal suspect is a serious offense. It is even more serious if the criminal suspect escapes police custody. This would warrant a nationwide manhunt led by the Federal Bureau of Investigation. There is still a manhunt for Assata Shakur.
The Black community should be putting serious question not only to the state of Florida but also to the U.S. Department of Justice. So far, Blacks have refused to exercise the right to self-help or to demand answers from public officials. This murder investigation is in dire need of someone with legal knowledge and courage. Allegedly, an attorney for the Martin family is seeking my advice. If asked to seize George Zimmerman, I will take bloodhounds to Florida forthwith.
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