Cops enter woman's house without a warrant because....they don't think they need one

[rudeguy]

https://www.youtube.com/watch?v=vz3rA5h3PZU

If only there were some type of document that protected us from illegal searches like this....

 

[PokerGuy]

Warrant, I don't need no steenkeeeng warrant!

 

[TheSlamma]

Between Hillary just blowing off the freedom of information act and now cops doing whatever they want/kill whoever they want our government has pretty much decided it can do whatever it wants to do as there is zero repercussions anymore.

 

[Genx87]

Murrica 2015, who needs a warrant. They had a pic of some guy on their phone. Sounds legit.

 

[master_shake_]

Between Hillary just blowing off the freedom of information act and now cops doing whatever they want/kill whoever they want our government has pretty much decided it can do whatever it wants to do as there is zero repercussions anymore.

when were there repercussions?

 

[Brainonska511]

Between Hillary just blowing off the freedom of information act and now cops doing whatever they want/kill whoever they want our government has pretty much decided it can do whatever it wants to do as there is zero repercussions anymore.

Get enough people screaming for "law & order" and "tough on crime" and you get overzealous policing.

At the same time, some recent SCOTUS cases are rather troubling with respect to the our protections against unreasonable stops and searches: Heien v. North Carolina (even though the cop was in error, it was in good faith, so additional discoveries of illegal activities, even with the illegal stop, are admissible in court), no-knock warrants, the relaxing of evidence-exclusion rules for evidence discovered due to improper procedures/police misconduct...

 

[emperus]

Between Hillary just blowing off the freedom of information act and now cops doing whatever they want/kill whoever they want our government has pretty much decided it can do whatever it wants to do as there is zero repercussions anymore.

So this was because of Hilary Clinton. Lol. I thought it was moreso because of the assault on freedoms after 9/11 and the patriot act.

 

[TheSlamma]

So this was because of Hilary Clinton. Lol. I thought it was moreso because of the assault on freedoms after 9/11 and the patriot act.

wow, your takeaway from my post was that I linked Hillary with this?

What are parents raising these days. Fail on so many levels.

 

[TheSlamma]

when were there repercussions?

I don't know, lets ask Nixon and Johnson about their careers after their blunders and shenanigans.

 

[rudeguy]

I don't know, lets ask Nixon and Johnson about their careers after their blunders and shenanigans.

Were either found guilty of a crime? Either do some PMITA time?

Careers are one thing. If "officials" violate our rights, they should pay they price. Not just lose a job.

 

[Raizinman]

Its called Probable Cause.

A warrant is a document that allows police to search a person, search a person's property, or arrest a person. A judicial magistrate or judge must approve and sign a warrant before officers may act on it. A warrant is NOT required for all searches and all arrests.

The precise amount of evidence that constitutes probable cause depends on the circumstances in the case. A police officer does not have to be absolutely certain that criminal activity is taking place to perform a search and make an arrest. Probably cause can exist even when there is some doubt as to the person's guilt.

If a police officer stops you for speeding, he does not have the right to search your vehicle. But if he stops you and smells alcohol and your eyes are bloodshot, he does have the right to detain you and search you looking for drugs and alcohol under the probable cause rule.
For more info, see Wikipedia.

 

[rudeguy]

Its called Probable Cause.

A warrant is a document that allows police to search a person, search a person's property, or arrest a person. A judicial magistrate or judge must approve and sign a warrant before officers may act on it. A warrant is NOT required for all searches and all arrests.

The precise amount of evidence that constitutes probable cause depends on the circumstances in the case. A police officer does not have to be absolutely certain that criminal activity is taking place to perform a search and make an arrest. Probably cause can exist even when there is some doubt as to the person's guilt.

If a police officer stops you for speeding, he does not have the right to search your vehicle. But if he stops you and smells alcohol and your eyes are bloodshot, he does have the right to detain you and search you looking for drugs and alcohol under the probable cause rule.
For more info, see Wikipedia.

Exactly when was it that you went retarded?

The police have no probable cause to search your house without a warrant if they think a person might be there.

 

[boomerang]

Diane Malikah Moomin Pinkston has a rather small vocabulary.

 

[fskimospy]

Exactly when was it that you went retarded?

The police have no probable cause to search your house without a warrant if they think a person might be there.

Actually if they have probable cause to believe that person is there they do.

 

[rudeguy]

Actually if they have probable cause to believe that person is there they do.

Sorry bub. They do not.

 

[Don Vito Corleone]

If they are in hot pursuit a fleeing felon (as they say they are), they don't need a warrant. I have no idea if they actually were pursuing a fleeing felon, but if they were this fits into a clearly-established exception to the requirement of a search warrant. I would be skeptical of whether this was hot pursuit, though, since they don't seem to be acting with much urgency, and the officer says someone told them the suspect was there (as opposed to them chasing him into the apartment).

 

[emperus]

wow, your takeaway from my post was that I linked Hillary with this?

What are parents raising these days. Fail on so many levels.

Seeing that you put Hilarys name in your post, you did link Hilary with this. Or is there some other reason you brought her name up in this thread?

 

[rudeguy]

If they are pursing a fleeing felon (as they say they are), they don't need a warrant. I have no idea if they actually were pursuing a fleeing felon, but if they were this fits into a clearly-established exception to the requirement of a search warrant.

If they see the person enter a house, yes.

Just because they think he might be there? No.

 

[fskimospy]

Sorry bub. They do not.

As other people said, yes they do. Now if they had probable cause here or not, I don't know.

 

[rudeguy]

As other people said, yes they do. Now if they had probable cause here or not, I don't know.

Oh FFS>..we are talking about here.

If you want to talk about some magical made up scenario, start a thread on it.

 

[fskimospy]

Oh FFS>..we are talking about here.

If you want to talk about some magical made up scenario, start a thread on it.

We are talking about here. If the description offered by the police is accurate then they don't need one.

 

[emperus]

This thread has thought me that I need to brush up on my Laws pertaining to police stops, seizures and warrants. Anyone have a good link esp. for Massachusetts?

 

[rudeguy]

If they are in hot pursuit a fleeing felon (as they say they are), they don't need a warrant. I have no idea if they actually were pursuing a fleeing felon, but if they were this fits into a clearly-established exception to the requirement of a search warrant. I would be skeptical of whether this was hot pursuit, though, since they don't seem to be acting with much urgency, and the officer says someone told them the suspect was there (as opposed to them chasing him into the apartment).

OK so after much editing:

If the police didn't see him go into the apartment, they weren't chasing him, just someone said he might be there. Could they enter without a warrant or consent?

 

[rudeguy]

We are talking about here. If the description offered by the police is accurate then they don't need one.

What description is that?

 

[Londo_Jowo]

Looks like to me they don't necessarily need to be in hot pursuit.

http://www.lawcollective.org/article.php?id=105

Exigent Circumstances
“Exigent,” in this context, means urgent, a circumstance that demands immediate attention. Law enforcement agents can enter when there’s a fire or other danger, to deal with it or to rescue people, and they can investigate the cause of a fire for a limited time. In addition, officers can enter in hot pursuit of a serious criminal, or to capture one who’s about to escape. Judges usually find that if the police had less than half an hour in which to act, then proceeding without a warrant is reasonable