KEN KIRSCHENBAUM, ESQ ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE You can read all of our articles on our website. Having trouble getting our emails? Change your spam controls and whitelist ken@kirschenbaumesq.com ********************** TN Cop responds to burglar alarm and arrests December 22, 2023 ************************ TN Cop responds to burglar alarm and arrests crook; is video necessary ************************ Apparently in Tennessee it’s illegal, as in unlawful and you get arrested and taken to jail, to break into a butcher shop to steal food; so how about that for starters? [excuse me but I live in NYC suburbs so how would I know that] The perp, Benson, was arrested and sent to jail pending trial and, without attorney and proceeding as a poor person, petitioned the court for Writ of Habeas Corpus Form Under 28 U.S.C. Section 2241 to be released from jail. First here’s the facts as noted by the court: “Benson's § 2241 Petition arises from a case pending in the Criminal Court for Shelby County, Tennessee. On June 27, 2023, Benson was arrested for burglary of a building. According to the Affidavit of Complaint, police officers responded to the activation of a burglar alarm at Gordin's Butcher Shoppe in Memphis, Tennessee. Upon arriving, officers “observed the front door glass broken out, and a brick on the sidewalk outside the front door.” Benson was found inside the store with a trash bag containing meat and other food products that were Gordin's Butcher Shoppe's property.” Geez, you think that might be enough? Well maybe not. Benson claims the Cop was lying and where’s video proof from the Cops video camera? He didn’t think to claim that the butcher shop invited break-ins by not having video cameras to capture the event. “At the preliminary hearing on September 19, 2023, the State did not have “pictures/videos of [Benson] as the suspect of the burglary.” According to Benson, officers lied under oath about body cameras. Benson ultimately seeks his release from custody and money damages.” The federal judge goes through some analysis but finally gets to the point: “In this case, there is no doubt that the § 2241 Petition is meritless for the reasons previously stated. Because any appeal by Petitioner on the issue raised in his § 2241 Petition does not deserve attention, the Court DENIES a COA.” “Rule 24(a)(1) of the Federal Rules of Appellate Procedure provides that a party seeking to appeal in forma pauperis must first file a motion in the district court, along with a supporting affidavit. However, if the district court certifies that an appeal would not be taken in good faith, or otherwise denies leave to appeal in forma pauperis, the prisoner may file a motion to proceed in forma pauperis in the appellate court. See Fed. R. App. P. 24(a)(4)-(5). In this case, for the same reasons the Court denies a COA, the Court determines that any appeal would not be taken in good faith. It is therefore CERTIFIED, pursuant to Federal Rule of Appellate Procedure 24(a), that any appeal in this matter would not be taken in good faith, and leave to appeal in forma pauperis is DENIED.” Bravo. ***************************** STANDARD FORM AGREEMENTS: To order up to date Standard Form Alarm / Security / Fire and related Agreements click here: www.alarmcontracts.com *************************** CONCIERGE LAWYER SERVICE PROGRAM FOR THE ALARM INDUSTRY - You can check out the program and sign up here: https://www.kirschenbaumesq.com/page/concierge or contact our Program Coordinator Stacy Spector, Esq at 516 747 6700 x 304. *********************** WEBINARS:https://www.kirschenbaumesq.com/page/alarm-webinars *********************** ALARM ARTICLES: You can always read our Articles on our website at www.kirschenbaumesq.com/page/alarm-articles updated daily ************************* THE ALARM EXCHANGE - the alarm industries leading classified and business exchange - updated daily. https://www.kirschenbaumesq.com/page/alarm-exchange ************************* Wondering how much your alarm company is worth? Click here: https://www.kirschenbaumesq.com/page/what-is-my-alarm-company-worth ****************************** Getting on our email list / Articles archived: Many of you are forwarding these emails to friends or asking that others be added to the list. Sign up for our daily newsletter here: Sign Up. ************************** Ken Kirschenbaum,Esq Kirschenbaum & Kirschenbaum PC Attorneys at Law 200 Garden City Plaza Garden City, NY 11530 516 747 6700 x 301 ken@kirschenbaumesq.com www.KirschenbaumEsq.com
