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Posted: 6/13/2003 8:00:05 AM EDT
[#1]
Well, what your legal rights are and what actually happens are often two differant stories. Around here Leo's get really upset when you exurt your rights. They often use that as an excuss to hassle you further.
My perdiction is you got screwed. SGtar15 |
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Posted: 6/13/2003 8:02:37 AM EDT
[#2]
Well, first I would reply that I am not the person he is asking for, and I do not know the person he is looking for. After that, if he still questioned me, I would ask him to leave the premises. If he still wanted to pursue the matter I would tell him to get a warrant and come back when he had one, the shut the door.
That should end it, if not then I would call 911 and the US Marshalls office and swear out a complaint against the officer in question. For violating my rights. |
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Posted: 6/13/2003 8:04:57 AM EDT
[#3]
should of let all the dogs out on his ass....
then fired the fuckin claymores while you unleashed 00 ot from a street sweeper that ignited the foogas hidden in the bushes.... then sat down had a beer and wait for the next round of porkbellys...giving you a chance to setup the GE minigun... watched to many war movies this week... edit: To sue the police, your claim must come within a "cause of action". The main causes of action are set out below: Assault False Imprisonment Wrongful Arrest Malicious Prosecution Trespass Trespass to Goods Negligence Misfeasance in Public Office Human Rights |
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Posted: 6/13/2003 8:16:11 AM EDT
[#4]
The police defend bourgeois private property rights and
claims. The police are the armed agents of the bourgeois state, and the state exists to protect and to defend bourgeois private property privileges and interests. In the opinion of anarcho-libertarians, the police state and the armed agents of the police state (viz, the police) are as dispensable as the capitalism they preserve. The wealthy need the police because they possess far more property than they truly need, far more property than they can actually use, and far more property than they can personally defend. The wealthy need the police because there are so many people left without enough personal property to answer their personal needs. There are so many who are left with less property than they can put to personal use. Because there is unjustified poverty, (how can the co-existence of excessive property and excessive poverty be justified?) the police are armed and ready to protect and to defend unjustified and unearned wealth. It is the purpose and the function of the power state to preserve property and poverty. The state is there to underwrite, with an organized force of arms, that ancient conservative proposition which asserts: "For you have the poor always with you." There will always be the unhappy poor. And this belief serves to release us from the deep burden of personal freedom -- from the burden of personal choice and public choice, and from the possibilities and the opportunities of historical change. |
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Posted: 6/13/2003 8:23:12 AM EDT
[#5]
didja ever see the video by chris rock about how not to get your ass kicked by the POLICE?
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Posted: 6/13/2003 8:28:13 AM EDT
[#6]
[img]http://img.villagephotos.com/p/2003-6/141064/Cop.jpg[/img]
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Posted: 6/13/2003 8:28:48 AM EDT
[#7]
Glad to see the marxists have shown themselves, now we can move on.
As the agent of the Boojy state, I would ask if you knew who the person was or where they could perhaps be found. If I was after a polite conversation satisfied that you were not the person in question, I would leave. If however I was not so satisfied, ie, I believed I had accurate information, you matched said description, including possibly identifying marks etc and the circumstance was such that an arrest or further investigation was legally justifiable and proper we would continue. If I had a warrant I would compel entry etc. Each situation is different, different facts, circumstances, etc. Hard to say what one should do without having that information. Now, I can also understand that someone would be annoyed at being bothered when they had done nothing wrong and were not the person in question. The problem is this is a fairly free society, so we don't readily have all of those tools of the more security conscious countries, we don't necessarily know who everyone is. My suggestion therefore is to politely let them know who you actually are, and that who they are looking for is not you nor do you know them, so that they can be on their way to seeking out the person they are looking for. |
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Posted: 6/13/2003 8:34:25 AM EDT
[#8]
Quoted: Glad to see the marxists have shown themselves, now we can move on. As the agent of the Boojy state, I would ask if you knew who the person was or where they could perhaps be found. If I was after a polite conversation satisfied that you were not the person in question, I would leave. If however I was not so satisfied, ie, I believed I had accurate information, you matched said description, including possibly identifying marks etc and the circumstance was such that an arrest or further investigation was legally justifiable and proper we would continue. If I had a warrant I would compel entry etc. Each situation is different, different facts, circumstances, etc. Hard to say what one should do without having that information. Now, I can also understand that someone would be annoyed at being bothered when they had done nothing wrong and were not the person in question. The problem is this is a fairly free society, so we don't readily have all of those tools of the more security conscious countries, we don't necessarily know who everyone is. My suggestion therefore is to politely let them know who you actually are, and that who they are looking for is not you nor do you know them, so that they can be on their way to seeking out the person they are looking for. I must say my good man. That was well said. |
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Posted: 6/13/2003 8:47:16 AM EDT
[#9]
I don't know............
When I used to live an apt. I got a knock on the door. When I answered it there was a LEO asking if "so-and-so" lived there. I said I lived there alone and never heard of the person they were asking about. The officer thanked me and left. Think of cops like gasoline, if you spit fire at them things will happen. |
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Posted: 6/13/2003 9:05:13 AM EDT
[#10]
shotar
Let me put the question to you this way, Say you have an arrest warrant for a minor offense, lets say I answer the door but I don't open it and I just inform you that you have the wrong house, just because you have an arrest warrant doesn't mean you can enter a home, does it? So you ask or order me to open my door and I refuse ,if you think you can legally kick in my door at that point you have been under trained or are in serious need of two things, One: More training or at least a refresher two: You need to read or reread the Constitution of the United States of American [b](which by the way the oath you took said something about you swearing to uphold and protect)[/b] |
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Posted: 6/13/2003 9:12:28 AM EDT
[#11]
Actually if he does have a warrant for arrest with your address on it, he could enter the house looking for the person whom the warrant is issued for.
Thank you to shotar, that is how I would expect 95%+ of those things to go down. |
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Posted: 6/13/2003 9:14:28 AM EDT
[#12]
Arrest warrant, now we have a different ball game. You see, with an arrest warrant, presuming that it names that location and the person sought, yes, I can forcibly enter to satisfy myself that the person is not present.
Now maybe I don't know what I'm talking about at all. I've only been doing this for 18 years, have 4853 arrests both felony and misdemeanor and have served more warrants than I can even remember. |
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Posted: 6/13/2003 9:18:29 AM EDT
[#13]
Quoted: Arrest warrant, now we have a different ball game. You see, with an arrest warrant, presuming that it names that location and the person sought, yes, I can forcibly enter to satisfy myself that the person is not present. Now maybe I don't know what I'm talking about at all. I've only been doing this for 18 years, have 4853 arrests both felony and misdemeanor and have served more warrants than I can even remember. |
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Posted: 6/13/2003 9:20:12 AM EDT
[#14]
well now, how about Bounty Hunters, while we are going down this road???????
Since they are not agents of the state, they are not bound to observing your rights under the Constitution or the Bill of Rights. They bust down doors quite often, with no warrant..... |
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Posted: 6/13/2003 9:20:49 AM EDT
[#15]
Quoted: Quoted: Arrest warrant, now we have a different ball game. You see, with an arrest warrant, presuming that it names that location and the person sought, yes, I can forcibly enter to satisfy myself that the person is not present. Now maybe I don't know what I'm talking about at all. I've only been doing this for 18 years, have 4853 arrests both felony and misdemeanor and have served more warrants than I can even remember. I keep a yearly count. Someone asked me this earlier this year so totaled it. |
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Posted: 6/13/2003 9:24:06 AM EDT
[#16]
Quoted: Arrest warrant, now we have a different ball game. You see, with an arrest warrant, presuming that it names that location and the person sought, yes, I can forcibly enter to satisfy myself that the person is not present. Now maybe I don't know what I'm talking about at all. I've only been doing this for 18 years, have 4853 arrests both felony and misdemeanor and have served more warrants than I can even remember. Thats an out right "fib" (being kind),you can not enter a home to satisfy yourself thats not the person,unless you have proof or are satisfied it is him you can not kick down a door to someones home like that and if you do you just broke the law ,ohio or jersy is the same ,that is covered by past SCOTUS decisions on entering and arresting of persons. You guys crack me up ,just because a ewarrant to arrest has beed issued does not entitle you to force your way into a home without proper proof that the subject of the arrest warrant is in there, All I can say ociffer is [BS2] |
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Posted: 6/13/2003 9:27:43 AM EDT
[#17]
As I said earlier, insufficient information. I can however enter if it is the fugitives address as listed on the warrant or i have other reasonable belief that the person is present. Now, if you want to be polite and show me you ain't him and just boought, rented the place whatever, no problem, sorry to bother, etc. If however I am given reason to believe that deception is occurring and that the address is correct, we are coming in. See, its all very much based on the circumstances.
So, what was the relative that used your address wanted for anyway? |
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Posted: 6/13/2003 9:33:59 AM EDT
[#18]
[lolabove]
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Posted: 6/13/2003 9:37:56 AM EDT
[#19]
Quoted: So, what was the relative that used your address wanted for anyway? There's plenty of information for you to base an opinion on ,thats the typical response from LEO's that don't want to admit they are wrong or that their powers just might be limited by something other then their own restraint. As for your samrtass comment about one of my relatives being wanted, would that be one of my relatives who are LEO or DEA or a couple of other agency's. Typical again ,you feel your power challeged and you resort to a slam of my family. I wish just one time I could get a face to face with one of these keyboard tough guys,just fucking once! |
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Posted: 6/13/2003 9:45:01 AM EDT
[#20]
See, this is usually the case, someone starts a thread like this because one of their relatives used their address and they got harrased by the oppressor. You see, Its a simple concept, If its the address on the warrant I can generally enter. If its not I need more articulable reason why I thought that person was there. If its a simple mistake then we appologize and move on. Otherwise you get to file a complaint and let the process take its course.
Also, I will be at bulletfest, won't be hard to find at all. Lots there will know me and will readily point me out. You are of course welcome to come and visit. |
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Posted: 6/13/2003 9:59:16 AM EDT
[#21]
Quoted: shotar Let me put the question to you this way, Say you have an arrest warrant for a minor offense, lets say I answer the door but I don't open it and I just inform you that you have the wrong house, just because you have an arrest warrant doesn't mean you can enter a home, does it? So you ask or order me to open my door and I refuse ,if you think you can legally kick in my door at that point you have been under trained or are in serious need of two things, One: More training or at least a refresher two: You need to read or reread the Constitution of the United States of American [b](which by the way the oath you took said something about you swearing to uphold and protect)[/b] Actually if I, as a law enforcement officer, have a warrant for your arrest, it gives me the authority to search your domicile (and force entry if necessary) if I have reasonable suspicion that I will find you there. I do not need to get a separate search warrant. |
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Posted: 6/13/2003 10:00:00 AM EDT
[#22]
Hey recon, you can come out of the shelter now. We are three years past the Millenium and the voices in your head telling you that Armageddon has rained fire down upon the earth are wrong. The fact that forums and emails continue to be updated are not due to a Government conspiracy to fool those in hiding to come out.
Hey Jrzy, shotar has called yo fuckin bluff. Does this mean I am gonna have to drive all the way to Bulletfest to see a rumble? Or should I work under the assumption that Jrzy will "Man, I would come up there and kick your ass but it is my one weekend out of the month with the kids" bullshit. I think I will bet on the latter until I hear otherwise. [B)] |
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Posted: 6/13/2003 10:01:08 AM EDT
[#23]
Quoted: Quoted: So, what was the relative that used your address wanted for anyway? There's plenty of information for you to base an opinion on ,thats the typical response from LEO's that don't want to admit they are [red]wrong[/red] or that their powers just might be limited by something other then their own restraint. As for your samrtass comment about one of my relatives being wanted, would that be one of my relatives who are LEO or DEA or a couple of other agency's. Typical again ,you feel your power challeged and you resort to a slam of my family. I wish just one time I could get a face to face with one of these keyboard tough guys,just fucking once! Easy Francis, he's not wrong, he's speaking on a matter of law. In my state to if you have an arrest warrant with a clear address a peace officer may enter and search for said person. |
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Posted: 6/13/2003 10:02:18 AM EDT
[#24]
Quoted: See, this is usually the case, someone starts a thread like this because one of their relatives used their address and they got harrased by the oppressor. [green]Bullshit,if that was the case you would have asked if thats what happened instead you made rthe statement,[/green] [red]"Quoted: So, what was the relative that used your address wanted for anyway?"[/red] [green]You were trying to be a smartass and slam my family and now you are being a evasive because you got called on a personal attack on someones family[/green] Quoted: You see, Its a simple concept, If its the address on the warrant I can generally enter. [green]As I said before ,not legally you can't enter just because you have an arrest warrant,[b]PERIOD![/b][/green][BS2] Quoted: If its not I need more articulable reason why I thought that person was there. If its a simple mistake then we appologize and move on. Otherwise you get to file a complaint and let the process take its course. [green]Yeah ,no big deal right? kick in a guys door and then move on,no big deal ,violate someones rights and then move on[/green] Quoted: Also, I will be at bulletfest, won't be hard to find at all. Lots there will know me and will readily point me out. You are of course welcome to come and visit. [green]I think I'll pass on this one,you see whatever happens in the state where you are an LEO and I know you are an LEO I lose no matter what happens and I don't think I would like a felony for agravated assualt on a police officer on my record,thanks anyway. But if you and I are in another state at an event I will surely look you up. I won't be hard to find either ,you might even recognize me and if you do then don't start back pedaling, LOL[/green] |
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Posted: 6/13/2003 10:04:15 AM EDT
[#25]
Quoted: well now, how about Bounty Hunters, while we are going down this road??????? Since they are not agents of the state, they are not bound to observing your rights under the Constitution or the Bill of Rights. They bust down doors quite often, with no warrant..... The reason that they can force entry to your domicile in order to take you into custody is that you have already given them permission. A standard part of a bail bond contract is the authority for the bondsman or his agent to take you into custody wherever you are if you violate any of the terms of the contract, and the authority to search any property that you have legal control over in order to find you. |
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Posted: 6/13/2003 10:10:00 AM EDT
[#26]
If certain partys don't start behaiving I got a whole can full of lock waiting.
Enough with the childish threats. K? I thought shotar's reply was funny as all hell. But then given the state of the poster it probably set him off. They have drugs to control these feelings. |
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Posted: 6/13/2003 10:13:45 AM EDT
[#27]
Jrzy I gotta give you credit for coming up with a good excuse for not accepting the challenge of Battle Royale at Bulletfest. It's still an excuse, but at least its a a good one. Don't get scrappy when you are alone in another alpha dog's pack. [buttkick]
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Posted: 6/13/2003 10:15:29 AM EDT
[#28]
Quoted: Easy Francis, he's not wrong, he's speaking on a matter of law. In my state to if you have an arrest warrant with a clear address a peace officer may enter and search for said person. Not unless you know he's in there you can't and it doesn't matter what state you are located in ,this has been decided by SCOTUS already so what does the state law have to do with it? If you know the subject to be in the domicile then yes you can enter to effect the arrest ,but what if no one answers the door and you have just an arrest warrant in hand, you think you can kick down the door and search the home for this guy? |
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Posted: 6/13/2003 10:16:47 AM EDT
[#29]
Quoted: Quoted: Easy Francis, he's not wrong, he's speaking on a matter of law. In my state to if you have an arrest warrant with a clear address a peace officer may enter and search for said person. Not unless you know he's in there you can't and it doesn't matter what state you are located in ,this has been decided by SCOTUS already so what does the state law have to do with it? If you know the subject to be in the domicile then yes you can enter to effect the arrest ,but what if no one answers the door and you have just an arrest warrant in hand, you think you can kick down the door and search the home for this guy? If its been decided by the US Supreme Court, what is the title of the case? |
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Posted: 6/13/2003 10:21:23 AM EDT
[#30]
Quoted: If certain partys don't start behaiving I got a whole can full of lock waiting. Enough with the childish threats. K? I thought shotar's reply was funny as all hell. But then given the state of the poster it probably set him off. They have drugs to control these feelings. Paul I really took no offense at his remark ,it was funny,I just wanted to see what he would say if I called him on it. No one is threatening anyone , I would call this banter for lack of a better word. |
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Posted: 6/13/2003 10:21:47 AM EDT
[#31]
If the cops come over for a "knock-and-talk", the short answer is:
1)Don't open the damn door. 2)Tell them (through the closed door) you have nothing to discuss with them. 3)Walk away from the door bidding them a good-bye. Trust me on this--I've seen this work beautifully when executed (the cop was dumbfounded to the point of stuttering and beat a retreat) and I've seen the consequences of when this was NOT executed (20 hrs in the pokey and mucho $$$$$$ for councel). Edited to clarify that a "knock-and-talk", by definition, means there is no search/arrest warrant--they're just trolling for an excuse to get one so don't give 'em one. |
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Posted: 6/13/2003 10:30:57 AM EDT
[#32]
Quoted: Quoted: Quoted: Easy Francis, he's not wrong, he's speaking on a matter of law. In my state to if you have an arrest warrant with a clear address a peace officer may enter and search for said person. Not unless you know he's in there you can't and it doesn't matter what state you are located in ,this has been decided by SCOTUS already so what does the state law have to do with it? If you know the subject to be in the domicile then yes you can enter to effect the arrest ,but what if no one answers the door and you have just an arrest warrant in hand, you think you can kick down the door and search the home for this guy? If its been decided by the US Supreme Court, what is the title of the case? [i]Payton v. New York[/i], 445 U.S. 573 (1980) The Supreme Court stated in that case, that: "for Fourth Amendment purposes, an arrest warrant founded on probable cause implicitly carries with it the limited authority to enter a dwelling in which the subject lives when there is reason to believe the suspect is within." |
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Posted: 6/13/2003 10:38:45 AM EDT
[#33]
"for Fourth Amendment purposes, an arrest warrant founded on probable cause implicitly carries with it the limited authority to enter a dwelling in which the subject lives when there is reason to believe the suspect is within." To me this reads that they can enter, including forceably enter, contrary to what jerzy asserts. But they cant search for anything other than whats on the warrant without getting another warrant. They can only search places where its physically possible for a person to hide. So as long as you don't have your scales and baggies on the coffee table in the living room, or your Russian Lolitas screen saver running on your monitor when they come in. You are ok. |
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Posted: 6/13/2003 10:42:45 AM EDT
[#34]
Quoted: "for Fourth Amendment purposes, an arrest warrant founded on probable cause implicitly carries with it the limited authority to enter a dwelling in which the subject lives when there is reason to believe the suspect is within." To me this reads that they can enter, including forceably enter, contrary to what jerzy asserts. But they cant search for anything other than whats on the warrant without getting another warrant. They can only search places where its physically possible for a person to hide. So as long as you don't have your scales and baggies on the coffee table in the living room, or your Russian Lolitas screen saver running on your monitor when they come in. You are ok. sums it up concisely |
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Posted: 6/13/2003 10:48:35 AM EDT
[#35]
It is time that we adopt the same policy used Japan where the police are allowed to search civilian homes 2 times a year without a warrant or probable cause. It is blatantly obvious that many of the civilians here do have something to hide and law enforcement must take a proactive approach, much like what was done to Iraq, to prevent future criminal or domestic terrorist acts.
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Posted: 6/13/2003 10:49:24 AM EDT
[#36]
I am not insulting either of you guys but read it again, and make sure you read the red highlighted parts.
"for Fourth Amendment purposes, an arrest warrant founded on probable cause implicitly carries with it the [red]limited[/red] authority to enter a dwelling in which the subject lives when [red]there is reason to believe the suspect is within.[/red]" |
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Posted: 6/13/2003 10:51:54 AM EDT
[#37]
Jrzy,
You are being needlessly confrontational. The chip on your shoulder must have come off of Mount Rushmore or something and it shows. It's pretty obvious that you've got an axe to grind and your attitude undermines ANYTHING factual you may have to say. Also, if you take a confrontational attitude with a law enforcement officer who has come to your door with an arrest warrant for someone who, they are informed, is located at your address, you are giving them probably cause to believe that the person is present and that you are covering for them. If that IS the case, you are fucked, because you are obstructing a police investigation and perhaps aiding and abetting a criminal. A jury may cut you some slack if the person you are protecting is a relative...you could concievably claim you didn't know you were screwing up and didn't believe your relative would do what he is accused of, but you will get arrested, arraigned and msot likely tried. If you want to protect your rights, contact your attorney and be polite and firm, but kicking up attitude and getting confrontational is like pissing gasoline onto a fire. Fighting an arrest warrant with the right address on it is not going to work very well. Should you choose to do so, I would count on a couple uniforms staking out your house while they wait for a more precisely worded warrant to be signed by a friendly judge. Also, in my experience, when an LEO makes an error in such a case, but encounters a fairly polite and cooperative homeowner, they generally are very apologetic and nice about things. If they catch a lot of flack, don't expect the search to be as gentle and polite or the apology for taking up your time to be as sincere. A piss poor attitude is a self-fulfilling prophecy. |
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Posted: 6/13/2003 10:54:32 AM EDT
[#38]
Quoted: shotar Let me put the question to you this way, Say you have an arrest warrant for a minor offense, This changes everything..... Pay the Piper. Sgtar15 |
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Posted: 6/13/2003 11:00:19 AM EDT
[#39]
Howz about putting this crap to an end. Youve been made to look like a fool, resorted to your internet threats, and made your intention clear. What happenned at your house that made you feel so important to bring this up?
The suspense is killing me.[rolleyes] |
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Posted: 6/13/2003 11:03:21 AM EDT
[#40]
So when do we find out "what really happened"?
Eh, jrzy? |
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Posted: 6/13/2003 11:04:52 AM EDT
[#41]
Quoted: I am not insulting either of you guys but read it again, and make sure you read the red highlighted parts. "for Fourth Amendment purposes, an arrest warrant founded on probable cause implicitly carries with it the [red]limited[/red] authority to enter a dwelling in which the subject lives when [red]there is reason to believe the suspect is within.[/red]" And the parts you highlited in red mean exactly what I posted. Reason to beleve just means that they saw the person they wanted at your house in the recent past, or they were told that you had been spotted there by a informant. The courts do not demand that they be sitting in front of your place with actual eye contact with the person they want to arrest. The courts know that these people are actively trying to hide and will not voluntarily come out and let themselves be spotted. |
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Posted: 6/13/2003 11:12:51 AM EDT
[#42]
Quoted: And the parts you highlited in red mean exactly what I posted. Reason to beleve just means that they saw the person they wanted at your house in the recent past, or they were told that you had been spotted there by a informant. The courts do not demand that they be sitting in front of your place with actual eye contact with the person they want to arrest. The courts know that these people are actively trying to hide and will not voluntarily come out and let themselves be spotted. No the law that you just quoted means that that they have to have reason to believe he is in there at that moment,not the day before ,now at the moment they arrive,period. They don't have a blanket or window saying they saw him in there last week,it's whenb they get to the home ,if they see the subject looking out the window I would say they could legally kick in the door if he doesn't come out or answer the door. Or if they knew he was in there from say a person who just left or a nieghbor who saw him go in, but otherwise no they can't. |
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Posted: 6/13/2003 11:15:22 AM EDT
[#43]
It has always been my understanding, that an Arrest Warrant entitles the Officer(s), the authority to search the premises where the suspect resides.
I wanna take the opportunity to say something here. I am not "anti-cop". If an Officer shows up, and KNOCKS on my door with a warrant, he's got a free ride, no problemo..... |
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Posted: 6/13/2003 11:21:25 AM EDT
[#44]
They don't have a blanket or window saying they saw him in there last week,it's whenb they get to the home ,if they see the subject looking out the window I would say they could legally kick in the door if he doesn't come out or answer the door. You would say or you know? There is a difference. Your interpretation of that ruling is not the active one. Judges will issue valid warrants based on information I described. |
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Posted: 6/13/2003 11:30:28 AM EDT
[#45]
Quoted: Howz about putting this crap to an end. Youve been made to look like a fool, resorted to your internet threats, and made your intention clear. What happenned at your house that made you feel so important to bring this up? The suspense is killing me.[rolleyes] Listen ,everytime I try and tell people what their rights are or inform them of a way out of a speeding ticket or blowing a stop sign certain JBT types come out of the woodwork and make it seem like I am lying or that I am making this up. It seemns anything that chalenges your limited authority gets you guys into "cop mode" ,thats the aggressive attitude you guys turn on and off at will as certain situations arise. I got news for all you LEO's that think you are in control of the general population of this country, we give you certain powers because we want law and order and we want criminals put away, [b]but make no mistake, you serve because we allow you to, anytime the population is fed up with shootings of innocent unarmed people or animals or you guys go to far you will find out that all that perceived power is an allusion and that we can take it away from you in an instant.[/b] To the good LEO's on this board , Thank you for doing a tough job. To the JBT assholes who think they have all that power over the regular people of this country,keep it up and one day it just might bite you in that fat doughnut eating ass of yours. |
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Posted: 6/13/2003 11:31:43 AM EDT
[#46]
my castle. my rules.
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Posted: 6/13/2003 11:34:55 AM EDT
[#47]
So now we've gone from the rules governing lawful arrest warrants to traffic stops, to dog shooting. Please tell us your tale of woe so we can move on.
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Posted: 6/13/2003 11:36:08 AM EDT
[#48]
jrzy,
A few issues here. First, without a warrant a police officer can enter your property (not your house) for the purpose of an investigation. Second, with a warrant, and believing that the subject of the warrant is in the location listed on the warrant, a police officer can enter the house to effect an arrest. Mike |
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Posted: 6/13/2003 11:36:45 AM EDT
[#49]
Quoted: What are my rights when an LEO knocks on my door. For arguments sake lets say an LEO knocks on my door and asks if I am "John Doe" (I'm not the person he's looking for) and I just reply please get off my property now! What option does the LEO have? It depends on why he is there. Does he have probably cause to believe a crime has been comitted, and that you are the person who committed that crime? If so he can use as much force as necessary to make the arrest... Is it your house or are you a house guest. In some states a guest has no standing, and cannot allow or refuse a search. So if he knocks on the door, asks "do you live here" and you answer no. He can pretty much walk right in, until someone with "standing", tells him to get out. Every state is different and case law is always changing. |
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Posted: 6/13/2003 11:36:46 AM EDT
[#50]
Read most of the first page, top of second...
I do not understand why people are so disrespectful to police officers. They are performing their job. It is a service, to the community. Sometimes their job puts their life on the line without warning, possibly keeping drugs off [i]your[/i], or taking an abusive man out of [i]our[/i] society... or a drunk driver, etc. The job can be and usually is incredibly stressful, which follows them home... long hours, stress, .. it hurts them... a lot at times... divorce, family unhappiness, etc.. But that's okay, they make 100K+, right? No, of course not... be lucky if in the 30s... very luck... =\. Carrying on, there is no reason to not tell a cop who you are and where you live. Yes, there's the two sides of '[b]what do you have to hide[/b] vs. [b]I don't have anything to hide but a right to privacy and personal property and to not be botehred[/b]. Fine. But you can still be civil. If the officer asks to come in, you can say, the house is a mess, or it's a nice day outside, let's stay outside, etc... (If you invite in, then they are free to search a little, with eyes, and if they spy something suspicious, can go look). Personally, I'd ask the officer if they'd like to do some target shooting (I've got 8 acres and a little 100 yard set up). Then say let's talk outside, I'm going to get my .22 and some dynapoints and shoot some paper while we talk. They can't make you not do this, since it is legal on my property... and maybe you will make a friend that day if you get a .22 for them, or ask if they'd like to try your newest AR mod (like you don't have one, please)... let them shoot wolf or SA, it's just for fun). I just say show some respect, they are people, don't their jobs... Just men, like you and me. |
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