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Wisconsin Court: Police Need No Warrant To Enter Homes And Seize Evidence
mintpressnews.com ^ | ebruary 17, 2016 | Brianna Acuesta

Posted on 02/20/2016 4:39:55 PM PST by ransomnote

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To: Hulka

would it have not ended like this any way....they do knock and talk here....if you do not open the door and let them in they just get a search warrant ( because you will not let them in to just talk)....would have a judge not granted a full search of the home once a officer reported finding marijuana ( big difference between home grow and street bought)and they do not mention any thing about the smell


21 posted on 02/20/2016 5:12:15 PM PST by curdogmen
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To: editor-surveyor

They do have a propensity to leftyism up there.

In many ways they make New York State look downright libertarian.


22 posted on 02/20/2016 5:12:46 PM PST by Ouderkirk (To the left, everything must evidence that this or that strand of leftist theory is true)
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To: TigersEye

He can invite them in, and in that case, “plain view” doctrine applies. Any subsequent search would be covered by Fourth Amendment. Unless, there are exigent circumstances demanding action right then (like a trail of blood leading to the door, into the room, is the person alive? Will the person die if the door isn’t opened then, is there time to get a warrant. . .etc).

Tough call and there are exceptions. Without all the details of the situation I would not take a side on this one.


23 posted on 02/20/2016 5:15:20 PM PST by Hulka
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To: curdogmen

I don’t know.

Not enough information.


24 posted on 02/20/2016 5:17:59 PM PST by Hulka
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To: Hulka; All

Thank you for that note Hulka, but I respectfully disagree. The language of the 4th Amendment can reasonably be interpreted wider than just for crimes imo.

In fact, the Founding States used the word ”crime” in the 5th, 6th and 8th Amendments.


25 posted on 02/20/2016 5:21:28 PM PST by Amendment10
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To: ransomnote
Matalonis allowed the cops to come into his home. They saw blood, presumably from the fight, and cannabis before asking Matalonis to open a locked door in the house for them. After he refused, the cops broke the door down and found marijuana growing in the room.

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.

26 posted on 02/20/2016 5:22:16 PM PST by usconservative (When The Ballot Box No Longer Counts, The Ammunition Box Does. (What's In Your Ammo Box?))
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To: ransomnote
The deciding vote was cast by Justice Rebecca Bradley who was appointed by Governor Scott Walker

How was it determined that hers was the deciding vote? Three others agreed with her, why was one of theirs not the 'decider'?

27 posted on 02/20/2016 5:24:36 PM PST by Michael.SF. (That was the gift the president gave us, the gift of happiness, of being together,' Cindy Sheehan")
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To: Washi
They are making up law. What is "community caretaker function"? They were legally in the house, but the locked door is more than a stretch. This case will keep going.
28 posted on 02/20/2016 5:26:54 PM PST by USNBandit (Sarcasm engaged at all times)
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To: ransomnote

@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.....


29 posted on 02/20/2016 5:27:31 PM PST by sarasmom (I pray for Trump's success in his endeavor to salvage the USA .)
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To: USNBandit

And the title is misleading. The suspect let them into the house. The legal question is really about the locked interior door.


30 posted on 02/20/2016 5:28:59 PM PST by USNBandit (Sarcasm engaged at all times)
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To: Ouderkirk

Why not call a judge and get a warrant to search based on the Pot in plain view? Where’s the fire?


31 posted on 02/20/2016 5:30:25 PM PST by Kozak (ALLAH AKBAR = HEIL HITLER)
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To: Hulka

It has always been my understanding that after you invite the cops into your domicile the whole of it is open to them. That you have to demand a warrant at the entry door.


32 posted on 02/20/2016 5:31:02 PM PST by TigersEye (This is the age of the death of reason and rule of law. Prepare!)
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To: Kozak
Why not call a judge and get a warrant to search based on the Pot in plain view?

Agreed. This all boils down to the fact that, due process is time consuming.

33 posted on 02/20/2016 5:32:33 PM PST by Ouderkirk (To the left, everything must evidence that this or that strand of leftist theory is true)
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To: editor-surveyor

LOL
Republican house and Senate.
Republican governor.
Republican Senator.
Republican majority in House.
Yup a veritable CCCP.


34 posted on 02/20/2016 5:32:37 PM PST by Kozak (ALLAH AKBAR = HEIL HITLER)
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To: Ouderkirk

I’m no expert but I think once they enter a house and find probable cause of a crime (blood)they are duty bound to search the house thoroughly. IF someone were tied and gagged and injured in another room, and the cops ignored that room, the town the cops worked for would have been sued for millions.


35 posted on 02/20/2016 5:36:02 PM PST by Cen-Tejas (it's the debt bomb stupid)
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To: Hulka

Lots of details here....

http://www.wicourts.gov/sc/opinion/DisplayDocument.pdf?content=pdf&seqNo=161388

A few points...

The victim, Antony, was very drunk. He changed his story but eventually claimed that “he was beaten up by four people outside of a bar.”

The police followed a trail of blood next door where they found Matalonis.

“...Matalonis testified that he had been cleaning up blood when the officers arrived...”

“...The officers told Matalonis “that because there was blood in the house, [they] just wanted to make sure that no one else was injured.” Matalonis let the officers into the house....”

It appears there was a lot of blood, including “...there was a door with a deadbolt that had blood splatters on the door
itself...”


36 posted on 02/20/2016 5:37:21 PM PST by JoeDetweiler
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To: ransomnote; Alaska Wolf; DCBryan1; Slings and Arrows; Doomonyou; napscoordinator; Shimmer1; ...
The ghost of Alaska Wolf spotted in Wisconsin.

JBT Ping list


37 posted on 02/20/2016 5:37:25 PM PST by null and void (This is "They live", and most people would rather fight you than put on the glasses...)
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To: Smokin' Joe

I agree.


38 posted on 02/20/2016 5:38:50 PM PST by Rusty0604 (oh the stories I could tell. but I really don't think scalia's death is suspiciou.)
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To: null and void

Todo sombrero y no jefe...


39 posted on 02/20/2016 5:42:24 PM PST by DoughtyOne (Facing Trump nomination inevitability, folks are now openly trying to help Hillary destroy him.)
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To: ransomnote

“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.


40 posted on 02/20/2016 5:43:29 PM PST by sergeantdave ( If not you, who? If not now, when?)
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