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Remember your rights.....

Tucker6900

Regular Member
Joined
Jul 10, 2008
Messages
1,279
Location
Iowa, USA
I guess I am a little shocked at the lack of posts regarding the current police state in Mass. I understand that the police are looking for a "terrorist", but I do have one thing to say.

Without a warrant, they do not have the legal authority to; 1) Enter your property, 2) Enter your home, 3) Search your car.

I feel for all of you right now. Good luck and stay safe.
 

skidmark

Campaign Veteran
Joined
Jan 15, 2007
Messages
10,444
Location
Valhalla
I guess I am a little shocked at the lack of posts regarding the current police state in Mass. I understand that the police are looking for a "terrorist", but I do have one thing to say.

Without a warrant, they do not have the legal authority to; 1) Enter your property, 2) Enter your home, 3) Search your car.

I feel for all of you right now. Good luck and stay safe.

Actually, they may.

It's called exigent circumstances. http://en.wikipedia.org/wiki/Exigent_circumstance_in_United_States_law

There are no absolute rights. [expression of frustration about belief in "absolute" Constitutional rights deleted to avoid getting wrist slapped by moderator]

stay safe.
 

davidmcbeth

Banned
Joined
Jan 14, 2012
Messages
16,167
Location
earth's crust
Unless they see the guy go into your house or are chasing him and have a reasonable belief that they guy went onto your property -- they cannot enter if you tell them not to (they certainly cannot come into your dwelling).

I already went through this with a local PD. Looking for a burglar ... want to enter my house, did not let them, they cried about it and threatened me with.. I don't recall ..like 30 years of being hung upside down and being forced to watch Rose O'Donnell 24/7 (a fate worse than death ~ not the upside down part), but I did not let them in, they left, I complained, police apologized saying that they were just excited. They caught the kid...hiding in bushes (like that's a new trick).
 
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matt2636

Regular Member
Joined
Mar 26, 2011
Messages
201
Location
cedar rapids
Actually, they may.

It's called exigent circumstances. http://en.wikipedia.org/wiki/Exigent_circumstance_in_United_States_law

There are no absolute rights. [expression of frustration about belief in "absolute" Constitutional rights deleted to avoid getting wrist slapped by moderator]

stay safe.

well if you read that it voids the 4th amendment completly. "Exigent circumstances may make a warrantless search constitutional if probable cause exists" so because the store cleark points in a certian direction does that give the police a right to search every house and car in that direction cause thats their "probable cause"?? or say "well he poses a threat to the community" we duh he does but that doesnt mean you can rape me of my rights. i wanna catch the bad guy just as bad as anyone else but at what price? the price of local LEO or fed agents to beable to search me and my house whenever they have "probable cause"?? no and this is ONE reason why we have a 2nd amendment. i respect what they do but not everyone is a suspect or a terrorist.
 

skidmark

Campaign Veteran
Joined
Jan 15, 2007
Messages
10,444
Location
Valhalla
OP made an absolute statement:

...

Without a warrant, they do not have the legal authority to; 1) Enter your property, 2) Enter your home, 3) Search your car.

....

Possibly the only absolute in life is there are no absolutes.

That being said, I agree that the broadcast intrusions would be illegal/unconstitutional if the homeowner objected. But look at a dozen or so ninjas with cool toys that all have Da Switch and how many folks are going to close the door in their faces while saying :"Go get a warrant, copper"?

Sure it's intimidation and coersion, but all SCOTUS is going to ask is "Did you object?" and when the answer is "No" everything becomes just peachy.

stay safe.
 

davidmcbeth

Banned
Joined
Jan 14, 2012
Messages
16,167
Location
earth's crust
well if you read that it voids the 4th amendment completly. "Exigent circumstances may make a warrantless search constitutional if probable cause exists" so because the store cleark points in a certian direction does that give the police a right to search every house and car in that direction cause thats their "probable cause"?? or say "well he poses a threat to the community" we duh he does but that doesnt mean you can rape me of my rights. i wanna catch the bad guy just as bad as anyone else but at what price? the price of local LEO or fed agents to beable to search me and my house whenever they have "probable cause"?? no and this is ONE reason why we have a 2nd amendment. i respect what they do but not everyone is a suspect or a terrorist.

Exigent circumstances may make a warrantless search constitutional if probable cause exists. The existence of exigent circumstances is a mixed question of law and fact.[3] There is no absolute test for determining if exigent circumstances exist, but general factors have been identified. These include: clear evidence of probable cause; the seriousness of the offense and likelihood of destruction of evidence; limitations on the search to minimize the intrusion only to preventing destruction of evidence; and clear indications of exigency.

The sentence does not say "Probable cause creates exigent circumstances.." so I think wolf misread the sentence. Reading the entire paragraph clears it up ... destruction of evidence, evidence of PC, and clear indications of exigency...like seeing dope on a table when they open the door to a cop's knock ( the cop knows they'll flush it or destroy it if not gotten right away ) is 90% of the exigency circumstances I would imagine.

PC is need to get a warrant from a judge ... sometimes this is not possible ... very limited situations.
 

eye95

Well-known member
Joined
Jan 6, 2010
Messages
13,524
Location
Fairborn, Ohio, USA
Are there any Patriots left in Boston, or in Massachusetts?

There is zero outrage here at what happened on Patriot's Day in Boston.

238 years to the day from Patriots to subjects. wow.
 

davidmcbeth

Banned
Joined
Jan 14, 2012
Messages
16,167
Location
earth's crust
I guess I am a little shocked at the lack of posts regarding the current police state in Mass. I understand that the police are looking for a "terrorist", but I do have one thing to say.

Without a warrant, they do not have the legal authority to; 1) Enter your property, 2) Enter your home, 3) Search your car.

I feel for all of you right now. Good luck and stay safe.

soon our rights will be just that: a memory
 

Makarov

Regular Member
Joined
Jul 19, 2008
Messages
227
Location
Dayton, Ohio, USA
People in Ohio would have resisted. In my neighborhood guns would have been draw if they forced themselves in any house without warrent.
 
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