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originally posted in: lel -blam!- the 4th amendment
4/19/2013 11:39:14 PM
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I wouldn't let them inside, if they come in by force or without your consent that is ILLEGAL. I would tell them get a search warrant and slam the door.
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  • Come on, Ken.... I think we all know that's complete bullshit. The way you kiss ass around here, I can only imagine what you'd do when faced with someone who actually has some kind of authority.

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  • And then OP gets shot/beaten because the police think he's harboring terrorists. Great idea.

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  • That doesn't justify them murdering.

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  • That's irrelevant to whether or not he would be attacked.

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  • Assuming the police acknowledged freedoms and natural rights he wouldn't be.

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  • So basically you would disrupt the operation just because you want to feel good about yourself.

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  • Standing up for your rights are so foolish! TEE HEE!

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  • [quote]Exigent circumstance[/quote]

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  • Doesn't cover searches through everything in the house. You wanna come in and look for him, even after being assured that he would not be in my house, and if he was he'd be a mess on the living room floor, fine, come on in. Do not go through my things, do not go into my closets, you may do a quick sweep, and that's it.

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  • That's irrelevant you may be acting under duress.

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  • Yeah, and we once threw people in the river to see if they float and if they did we labeled them witches. That was in the guise of "Public safety." So does that make it okay? Here is the thing, you can sweep my house, I will allow that. You want to search every nook and cranny? You want to pull apart my home looking for this guy? Come back with a Search warrant. Exigent circumstances only apply if they have probable cause.

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  • Where are you getting the idea that they're tearing apart homes? Or is that just hypothetical?

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  • Hypothetical, and from what I saw they are only quick searches. Which I am perfectly okay with. I have no problem with allowing a sweep to be done if they insist, but I will not be subject to total search without a warrant.

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  • In their opinion they had probable cause to search the area including the homes in that area. Just because you don't feel that that meets the requirements doesn't make it so.

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  • That is not Exigent circumstances. probable cause would be something to tip them off that they were harboring a fugitive. Like a visual of said fugitive or maybe a tip from a neighbor. Exigent circumstances do not cover door to door searches. I would comply given the situation, but I would also assure them that they are wasting theirs and my time. This sort of thing happened with the Dorner case, and it's legal status was questionable then as well.

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