JBT Ping list
Gotta go with the arrest for “plain view” evidence, but breaking down the door. . .not so much. What was the PC for that move?
The cops are just begging to be treated like any other home invader.
Serving the People - With a Black Boot Since 2016
Essentially, it is carte blanche to invade, search, and if there is any excuse, to remove items of value from people's homes. In short, legalized pilfering.
Depending on Wisconsin's civil forfeiture statutes, all they have to say is they believe that somehow whatever they seize is related to or a benefit of or property purchased with the proceeds of any illegal activity, and they can take that property without warrant nor charges filed and the owner must sue to get their property back.
Just one more reason to not live in Wisconsin... Like I needed another...
FR: Never Accept the Premise of Your Opponents Argument
With all due respect to the Wisconsin Supreme Court, the 4th Amendment says nothing about police investigating a crime.
Article 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.
Also note that the Founding States had originally decided that the states did not have to respect the rights expressly protected by the Bill of Rights. Only the feds had to respect those rights. It was not until the states ratified the 14th Amendment (under very questionable circumstances imo) that the states obligated themselves to respect constitutionally enumerated rights, including the 4th Amendment.
“Probable cause”, the catch all excuse.
Kind of stretching it to call this a 4th Amendment issue.
I strongly oppose illegal drugs, but I do not see the justification for this illegal search and seizure.
The police had permission to enter the home - stupid of the druggie, but that’s why it’s called “dope” - which gave them the authority to observe the blood and pot lying around. There is no indication of any justification for breaking down a door. They had no reports of a third person in the fight and no grounds to believe there was an immediate danger, not even destruction of evidence since they had grounds to arrest the druggie on the spot. The court appears to have decided this case incorrectly and harmfully.
So, Matalonis let them in willingly. The police saw blood evidence of the fight and illegal drugs in the home.
Once Matalonis let the police in and they saw evidence of the crime, they didn't NEED a warrant. The perp LET THEM IN of his own accord. Once the cops are in the door, they can follow the evidence they see -- especially when that evidence is out in the open --- anywhere including a locked room.
None of this should be surprising, this is why you don't let the police in without them having a warrant in the first place.
How was it determined that hers was the deciding vote? Three others agreed with her, why was one of theirs not the 'decider'?
@1. The “owner” let the cops into the house.
The cops were called, allowed into the premises,found open evidence of the crime they were called to respond to, and therefore, it was reasonable to search for more evidence.
The cops found blood and drugs on open display.
This article doesn’t say if the blood trail originated from the locked grow room, or what the battered brother said, that led them to think they needed to look into that locked room, possibly for the weapon used against the brother.
Sounds like a reasonable action by the cops to me.
Wouldn’t need a dog to smell the grow room.....
JBT Ping list
“Though the Court of Appeals initially ruled the search and seizure unconstitutional, the Supreme Court “found that the police were not investigating a crime but exercising their “a community caretaker function.”
The state legislature best be exercising its impeachment option against the fascist court first thing Monday morning. It’s that or the citizens will start voting from the rooftops.
Big mistake. It is very hard to assert your rights after having given them up.
Welcome to the Kenyan’s Third Reich. Politicians Gone Wild.
Rebecca Bradley, meet John Roberts.
If cops follow a trail of blood up steps to a house after a reports of violence and fail to go in to investigate a resultant injury, they would be summarily charged, fired & sued for dereliction & nonfeasance.
There isn’t a state in the country that doesn’t allow some degree of community care taking or reasonable searches and seizures...and if it was your house with your family being injured inside, you might expect them to do something to help.
Some on this board are heavily influenced by Michael Moore and Quentin Tarantino.