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To: EternalVigilance
But the laws are well-established in this country that in emergency situations, what are called "exigent" circumstances, law enforcement and fire fighters do not need warrants.

The Fourth Amendment is still controlling here. When an officer applies for a search warrant, his affidavit must describe the place to be searched and the items or persons to be seized. Likewise, exigent circumstances must exist at a particular place. The exigence exception allows officers to enter a particular place under specific circumstances.

Otherwise, please explain why the police cannot search every home in Southeast Washington, DC every single night? Violent felons run from the police there every single night. If you don't support nightly searches of all homes in SE DC, please explain how it is different.

263 posted on 04/22/2013 8:22:28 PM PDT by 101stAirborneVet
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To: 101stAirborneVet; EternalVigilance
EV: But the laws are well-established in this country that in emergency situations, what are called "exigent" circumstances, law enforcement and fire fighters do not need warrants.

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101stAV: The Fourth Amendment is still controlling here. When an officer applies for a search warrant, his affidavit must describe the place to be searched and the items or persons to be seized. Likewise, exigent circumstances must exist at a particular place. The exigence exception allows officers to enter a particular place under specific circumstances.

Otherwise, please explain why the police cannot search every home in Southeast Washington, DC every single night? Violent felons run from the police there every single night. If you don't support nightly searches of all homes in SE DC, please explain how it is different.

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Good question. I'd like to see it addressed.

305 posted on 04/22/2013 8:57:35 PM PDT by Ken H
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To: 101stAirborneVet; Ken H

Sorry I missed your post. Easy to do when when a few dozen people are posting at you, many calling you vile names.

Your question is certainly a good one.

The answer is that in this particular case they were dealing with someone with a proven willingness and capability to kill mass numbers of innocents, including children. Shoot, he was even willing to drive over the top of his own brother, apparently. They could not afford to let him get away, if they could help it.

This situation was about as exigent as it gets, frankly.


315 posted on 04/22/2013 9:06:46 PM PDT by EternalVigilance (RINOism to Libertarianism: Out of the frying pan and into the fire.)
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