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To: MaestroLC

You said — It is the lack of a search warrant or arrest warrant that sends me a red flag.

Well..., you don’t have to say that to me (LOL...) ... unlike many FReepers that I see posting here... I contend that even if he did steal the money, and he was a confirmed and convicted criminal, five times in the past — and it’s sitting in a shoebox in his bedroom, that they still need a search warrant... :-)


137 posted on 08/20/2009 8:22:59 AM PDT by Star Traveler (The God of Abraham, Isaac and Jacob is a Zionist and Jerusalem is the apple of His eye.)
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To: Star Traveler
I contend that even if he did steal the money, and he was a confirmed and convicted criminal, five times in the past — and it’s sitting in a shoebox in his bedroom, that they still need a search warrant... :-)

Absolutely. Any evidence found would certainly be difficult to be admissible in court without having a search warrant.

I would like to hear the police explanation for having no search or arrest warrant when they were questioning a suspect at their home for a possible complaint of theft, and then they enter the home and arrest the occupants for obstruction of justice. Based on the story so far, the Lt. didn't have a satisfactory answer ("Well, Sir, the officers were there investigating a complaint. You could have just cooperated and made everything much easier on everyone.").

It looks like a Fourth Amendment case: "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."

170 posted on 08/20/2009 8:38:19 AM PDT by MaestroLC ("Let him who wants peace prepare for war."--Vegetius, A.D. Fourth Century)
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