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Police conduct illegal search.

daniel.call

Regular Member
Joined
Apr 11, 2007
Messages
56
Location
, Utah, USA
imported post

We use Warren vs DC to show how cops are not held responsible for their failures to protect. In order for them to have protected the complaintants they would have had to conduct an "Illegal Search" as illustrated here. If the lady's complaint was domestic violence would it be reasonable to expect the officers to not investigate when a male comes to the front door and blocks them?I suspect that this was a staged event though. Someone called 911 to complain using the name of an individual who lived in the house. What did she complain about? Domestic violence? Did someone threaten her? Or were they complaining about a reckless driver in the neighborhood? That makes a big difference in how I would expect a police officer to respond to the situation. I don't like it when someone tries to make a point with only part of the information. It makes me feel like they trying to trick me.
 

nrawling

Regular Member
Joined
Aug 16, 2006
Messages
25
Location
West Haven, Connecticut, USA
imported post

I think the cops are in sort of a catch-22 situation. If it was a domestic violence call, and they don't check it out, they will get a heap of complaining later if he had her tied up (or worse) in the house. The guy was awfully combative, which is understandable, but not a good idea.

The flip side is that the officer did enter the home without permission, with only the phone call to 911 dispatch as his "probable cause." He didn't even seem that clear that the call was a domestic violence call. It could have been anything, as far as I could tell. That seems pretty risky to me, from a legality perspective.

The presence of the camera definitely makes me wonder if it was a setup. I think people need to be much more aware of both their rights in these situations (aside from being combative, I think the guy was pretty clear that the officers weren't welcome in his home), and more watchful for violations.
 
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