No Due Process for Kentucky Couple
(RightWing.org) – Elizabeth Linscott and her husband Isaiah live in Elizabethtown, Kentucky, located in Hardin County, which means they live under a governor and a sheriff who are members of the Democratic Party. That may not seem like a big deal until you hear the rest of their story which explains how their rights were grossly violated. They and their daughter have been fitted with ankle monitors usually reserved for criminals.
What Did They Do?
Mrs. Linscott was planning a trip to see her mother in Michigan. Before she went traveling, especially to that state, she did the responsible thing and got tested for the COVID-19 virus. She tested positive, although she was asymptomatic. The local health commission demanded she sign a 10-part document stating that she would self-quarantine and she would be legally bound to obey the rules it outlined.
Not being attorneys themselves, they were uncomfortable with the restrictions that would be placed on their movements. Their understanding was they’d have to contact the health department anytime they left their home for approval. This included even an emergency situation necessitating a trip to the hospital.
Tangled in the Judicial System
Their next act was one that’s seemingly completely abhorrent to Progressive Liberals — they wanted a lawyer to review it and explain their rights. That’s when the real trouble started.
Soon thereafter, they received a text message telling them their “refusal” to sign meant the police would become involved. A couple days later, the County Sheriff’s and Health Departments confronted the husband at their front door which included, as he related it, a squad of eight people and five vehicles.
The entire family was then fitted with the ankle bracelet, seemingly without any kind of court order. When they were finally allowed to see a judge — without the benefit of counsel present — the representative of the health department misrepresented the situation telling the court the couple outright refused to sign the document, not that they just wanted a lawyer to review it.
Their Rights Were Trampled
The Constitution of the United States is a document that all officers of the court are sworn to uphold, including the amendments thereto. The Sixth Amendment guarantees a person has the right to “assistance of counsel,” while the Fourth protects someone from having their person seized (i.e., their movement restricted) in a case like this without a judge approving it.
Unfortunately, as happens in so many situations, it’s probable that the only remedy the Linscott’s will get is satisfaction after the fact. Because typical quarantine times range from 14-30 days, the chances of securing a lawyer, getting the paperwork filed, and giving a hearing before another judge lie squarely between slim and none.
The year of 2020 has been like no other in the history of the United States between the coronavirus pandemic, the rioting and violence because of the racial tensions, and the Left’s determination to oust President Trump at any cost. Regardless of what’s happening, it’s beginning to look like American citizens are going to have to protect themselves from overzealous politicians who want to short-circuit the laws of the land.
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