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1/16/2020 9:48:49 PM
Posted: 9/16/2009 4:36:54 PM EST
[Last Edit: 9/16/2009 4:51:13 PM EST by BlacksheepEG]
Legal gurus,

A quick question for you: Does a warrant imply use of force is permitted in order to conduct an inspection? Such as breaking through a door? Or is use of force up to the discretion of the LEO writing the warrant or the judge signing it?

Thanks

Edited to change question to more accurately reflect inquiry
Link Posted: 9/16/2009 4:38:56 PM EST
Depends on alot of things..........
Link Posted: 9/16/2009 4:48:40 PM EST
This is for a class on Environmental Policy. So just generally speaking.
Link Posted: 9/16/2009 5:26:45 PM EST
Originally Posted By BlacksheepEG:
This is for a class on Environmental Policy. So just generally speaking.


WTF? Is Van Jones teaching it? Why are you discussing Warrants for that class?

Link Posted: 9/16/2009 6:30:31 PM EST
The question is for my GF, she doesn't know what this has to do with anything either. The class also "had" to watch Oblamma's heath care speech last week because even though it's a different subject, "that's how policy is made" according to her teacher. We both had a good laugh afterward, before remembering that there are actually people out there that think this is a good idea...
Link Posted: 9/19/2009 6:33:16 PM EST
Originally Posted By Citabria7GCBC:
Depends on alot of things..........


This .....your question is so over simple that nobody here can really answer it. First each state can put their own rules on "use of force" on warrant services. 2nd what one state says is "use of force" may not be in another state.
Link Posted: 9/20/2009 7:25:35 AM EST
I think to answer your question, when taking anyone in custody whether by warrant or by an offense we observe, police are generally required to use the "minimum force" to make the arrest. Now that means we start out using the minimum but depending on how the suspect responds can elivate the use of force higher and higher as needed.

Are you gonna get your door kicked in for:

Traffic Warrants, doubt it

Higher Misdomeanor warrants, maybe but doubtful

lower felony warrants, very possible depends on the size of city your in. Smaller cities prob will run the warrants, massive huge cities will wait for you to get stopped on traffic for the lower felonies usually.

Middle - Higher felony charges will get your door kicked in.

Hope my generic answer helps you with your generic question lol
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