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Old 04-19-2013, 07:22   #1
tarpleyg
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Door-to-door searches during manhunt

Assume you are a Watertown, MA resident and the cops come a-knocking looking for Mr. Jihad. Do you answer and if you do, would you let them in for alook around or would you assume your word is good enough? What if they insist and force their way in? Does a manhunt like this suspend your Constitutional 4th Amendment rights?

Discuss.
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Old 04-19-2013, 07:28   #2
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Originally Posted by tarpleyg View Post
Assume you are a Watertown, MA resident and the cops come a-knocking looking for Mr. Jihad. Do you answer and if you do, would you let them in for alook around or would you assume your word is good enough? What if they insist and force their way in? Does a manhunt like this suspend your Constitutional 4th Amendment rights?

Discuss.
I may be in the minority here but I would let them have a look around. I've got nothing to hide.

Note however I live in a small town in South Carolina and every LEO I have met has, at a minimum, been professional and courteous. Of course, I've never been arrested.

In a big city that may change. I can also see why some would not want to let a LEO in for something like this but then you risk delaying the apprehension for the suspect. Let them check the house, know it is clear, and go on to look elsewhere.
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Old 04-19-2013, 07:37   #3
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...let's just say, hypothetically, that the Police stumbled on a meth lab or something. Would the "evidence" be admissible in court considering the house was entered without a warrant to search specifically for the prohibited item?

I'll becha' the 4th Ammendment would cover you on that one.

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Old 04-19-2013, 07:39   #4
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I'm gonna go with "Civil Liberties and cop threads don't belong here".
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Old 04-19-2013, 07:40   #5
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...let's just say, hypothetically, that the Police stumbled on a meth lab or something. Would the "evidence" be admissible in court considering the house was entered without a warrant to search specifically for the prohibited item?

I'll becha' the 4th Ammendment would cover you on that one.
I guess it would depend on whether they forced themselves in or if you let them in. If you let them, then I don't see how you could get out of them finding your meth lab.
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Old 04-19-2013, 07:44   #6
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Originally Posted by RichJ View Post
...let's just say, hypothetically, that the Police stumbled on a meth lab or something. Would the "evidence" be admissible in court considering the house was entered without a warrant to search specifically for the prohibited item?

I'll becha' the 4th Ammendment would cover you on that one.
I assume you mean if they forced their way in against your consent?
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Old 04-19-2013, 07:49   #7
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My guess is that the sole focus right now is the second suspect that the police would enter one way or another and that anything other than the suspect would be ignored and probably not admissible.
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Old 04-19-2013, 07:53   #8
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I'm gonna go with "Civil Liberties and cop threads don't belong here".
Seems like a straight forward legal conversation. As long as everyone stays away from the issues Eric has mentioned.



Since I don't have a law degree, I will refer to those that do, but....

My guess is the need for the search over rides the need for privacy, but anything other than the bad guy discovered is not legally admissible in court. Then again, if you find a child porn ring..... I don't know.
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Old 04-19-2013, 08:11   #9
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I'm sorry officer, I cannot let you in without a search warrant. This is not because I have something to hide. I simply don't want to act as an accessory to my own inconvenience. I assure you, there is nothing inside my house that you would be interested in. Have a nice day!
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Old 04-19-2013, 08:26   #10
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Seems like a straight forward legal conversation. As long as everyone stays away from the issues Eric has mentioned.



Since I don't have a law degree, I will refer to those that do, but....

My guess is the need for the search over rides the need for privacy, but anything other than the bad guy discovered is not legally admissible in court. Then again, if you find a child porn ring..... I don't know.
You can't prosecute, but shockingly, there will be a suspicious fire in that house the following week. There weren't no survivors.
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Old 04-19-2013, 08:29   #11
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I would think they might force a look see. What if the person answering the door is under duress from Johny Jihad? Maybe I have seen too many movies.
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Old 04-19-2013, 08:32   #12
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I have 3 dogs - so I would not let them in my house.
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Old 04-19-2013, 08:34   #13
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Since the mayor declared a city-wide lock-down, does that give the police special rights to search your property?

I was also wondering what authority the local Government has in preventing people from opening private businesses during the lock-down.
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Old 04-19-2013, 08:37   #14
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If I would have been in Watertown in the middle of last night's situation and SWAT wanted to come in and look around I'd have to be brain damaged to try to keep them out.
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Old 04-19-2013, 08:37   #15
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I may be in the minority here but I would let them have a look around. I've got nothing to hide.
This.

If you have nothing to hide, then whats the problem?
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Old 04-19-2013, 08:38   #16
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As a practical matter, you have no choice but to let the officers search. The situation is an exigent one and their actions would be deemed reasonable should it come to some sort of litigation.

To the GTers who would tell the officers they couldn't enter, well, should you ever be in that actual situation let us all know how it works out for you.
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Old 04-19-2013, 08:38   #17
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Are they kicking the doors of folks who aren't home? What happens when looters raid the unsecured home after the police leave?

Citizens were ordered by the governor to stay home, so if you do not open the door, could that be an admission of guilt, thus probable cause for forced entry?
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Old 04-19-2013, 08:39   #18
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I'm as pro Constitution and anti government and anti authority as anyone but to help catch that monster I'd allow the searchers in my place.

We're not talking about you trying to hide a joint. We're talking about finding a inhuman monster as fast as possible before he kills more people.
So, the faster they can check my place, the faster they can keep looking.

.

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Old 04-19-2013, 08:41   #19
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This.

If you have nothing to hide, then whats the problem?

That's what King George used to say.
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Old 04-19-2013, 08:41   #20
Dennis in MA
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As a practical matter, you have no choice but to let the officers search. The situation is an exigent one and their actions would be deemed reasonable should it come to some sort of litigation.

To the GTers who would tell the officers they couldn't enter, well, should you ever be in that actual situation let us all know how it works out for you.
Tew trew!

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