Posted on 02/20/2016 4:39:55 PM PST by ransomnote
I am unfamiliar with this website. Here's the excerpt:
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 ‘community caretaker’ function." In a 4-3 decision, the Wisconsin Supreme Court just killed the rights of citizens outlined in the Fourth Amendment by stating that police officers may enter a home, or parts of the home, without a warrant and can seize evidence to use in the arrest and prosecution of citizens.
The Fourth Amendment states that unreasonable searches and seizures are not allowed and that the only legally recognized search and seizure is one that is preceded by a warrant granted by courts. The warrant must be supported by probable cause.
The deciding vote was cast by Justice Rebecca Bradley who was appointed by Governor Scott Walker, a member of the Republican party. There has been skepticism surrounding this decision because Justice Bradley was not present for the oral arguments and instead listened to them later on a tape recording, stating that it was sufficient enough for her to make a decision.
The case that reached the Supreme Court and begged the question of whether officers have the right to search and seize without a warrant was the case of Charles Matalonis. After admitting that he had been in a fight with his brother, who the officers found bloodied in a nearby residence, 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. They then arrested and charged Matalonis with the manufacturing of marijuana.
(Excerpt) Read more at mintpressnews.com ...
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.
All hat and no cattle....
Yes, since he’s a city slicker I changed it to all hat and no leader...
This will not end well. For anyone.
Yes, they are.
Marking Wisconsin off any future move.
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.
Well. That certainly adds a lot and supports an immediate search.
Yes, was my impression at one time as well. However, letting them in does not grant permission to search - consider, your neighbor calls the police because your stereo is too loud, they show up and you let them. This alone is not permission to search the home, to poke around your home absent PC.
Cheers.
The problem I see here is that he invited the police into his home. They did not break down his front door and barge right in.
PC isn’t an excuse. It’s a legal standard that imposes an obligation on Law Enforcement.
I hope that’s true. I also hope I don’t have to test it.
This situation was just a tad different than neighbors
complaining about loud music though.
So this is not a theoretical case, but an actual one.
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