BOMBS go off at the Boston Marathon...

[OneSickPsycho]

Originally Posted by Homeslice

Thing is, police don't need a warrant under special circumstances

Originally Posted by Amendment IV

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Now, I recognize some of the exceptions, however THIS is a first... as far as I can tell.

[shmike]

Originally Posted by Homeslice

Thing is, police don't need a warrant under special circumstances

Such as?

[OneSickPsycho]

Originally Posted by shmike

Such as?

Plain view, consent, frisk, upon arrest and there's something about open fields and shit too...

This is the first time that I can recall that houses were searched without owner's consent... If I were a lawyer looking to make a name for myself... I'd probably jump on this one...

[shmike]

Originally Posted by OneSickPsycho

Plain view, consent, frisk, upon arrest and there's something about open fields and shit too...

This is the first time that I can recall that houses were searched without owner's consent... If I were a lawyer looking to make a name for myself... I'd probably jump on this one...

Yep.

Of the exceptions, the only one that comes reasonably close to making a home search justifiable is this one:

Exigent circumstances - This means that if the officer believes there is immediate danger to his life or others, or to someone's private property, and he believes there is some emergency where there is no intent to arrest or seize evidence, the warrant requirement is waived. An example would be that he believes a suspect is hiding a gun under the couch on which he is sitting and believes he might try to use it. In this case, the officer could search for and seize the gun without a warrant.

That would [maybe] make it OK to search ONE home, not multiple.

[shmike]

And don't give me any "they consented" bullshit:

The consent must be given voluntarily, which means the giver must give it unequivocally, specifically, and intelligently. Consent must not have resulted from coercion or duress.

[CasterTroy]

Originally Posted by shmike

That would [maybe] make it OK to search ONE home, not multiple.

nope...not the way I read it

Exigent circumstances - This means that if the officer believes there is immediate danger to his life or others, or to someone's private property, and he believes there is some emergency where there is no intent to arrest or seize evidence, the warrant requirement is waived. An example would be that he believes a suspect is hiding a gun under the couch on which he is sitting and believes he might try to use it. In this case, the officer could search for and seize the gun without a warrant.

The way I read that......you have a killer on the loose....he may harm you or that officer. He may be in MULTIPLE houses. So the warrant would be waved for all houses the officer questioned his presence in, since he has no intent on using anything he finds in the house against the homeowner. Regardless if he busts into a meth lab or not, The only thing he's taking is the suspect.

[shmike]

Originally Posted by CasterTroy

nope...not the way I read it

The way I read that......you have a killer on the loose....he may harm you or that officer. He may be in MULTIPLE houses. So the warrant would be waved for all houses the officer questioned his presence in, since he has no intent on using anything he finds in the house against the homeowner. Regardless if he busts into a meth lab or not, The only thing he's taking is the suspect.

I can understand that argument. I can see it being valid if someone calls into 911 saying the killer is in their home or their neighbors home.

I can't see it holding up for police going door to door because the killer is in town.

[CasterTroy]

Originally Posted by shmike

I can't see it holding up for police going door to door because the killer is in town.

In the south? Umm no. First off 90% of the homes are well armed (statistic pulled straight outta my ass) and we'd have that fucker dangling in on the back porch draining his blood for future taxidermy reasoning should he have chosen one of OUR homes to duck and hide in.....and second...(I don't say this as some internet tough-guy. I personally know several tin foil hat wearin' anti gub's that would die in a hail of gunfire if they came knocking or breaking down doors here looking in houses) most southerners aren't fond of authority figures anyway...so we're not as likely to sheeple to random "inspections".

However...this is BAAAAAAHHHHston we're talking about. Where truly only the criminals are allowed to have guns (everyone else...as evident from reddit...simply has phones and ipads)

[fatbuckRTO]

Originally Posted by CasterTroy

But still Muslim
This is kinda interesting

I'm still seeing this shit all over facebook. Not one person has gone back to say "Oops, this guy was full of fail, I shouldn't have posted this."

[CasterTroy]

The art of trolling shall not be infringed upon by mere facts and other relevant items after the fact.