Posted on 12/05/2003 1:22:21 PM PST by MeekOneGOP
After all these years, it looks like Law Enforcement may be able to make an arrest now ...
Sorry. That's a little 'Guns & Roses' music for the afternoon. ;-)
It had better be a 'tip' based upon a sworn statement and subsequent legit' search warrant, or the homeowners may have some suing to do. Searches based upon anonymous tips would be unlawful, but that doesn't mean that it ain't done. These stories are always devoid of information, or are just plain full of crap.
In light of the fact that a body was found, would your comment still stand?
At least he didn't have to endure the Reign of Clinton...
Yes. If they wanted to charge the homeowners (assuming they killed him), the body would be inadmissible as evidence, if there was no legit' search warrant. The story claims that the homeowners are not suspects, but who knows what the cops really think? You can't get a search warrant ex post facto (not Constitutionally, anyway).
You're welcome. Of course, some hotshot DA could try to weasel it into evidence by claiming that the cops had probable cause to enter the property and that the owners 'volunteered' to allow a search, yada, yada, yada....(yeah, sure they did). Some "law and order" judge (like a William Renquist, for example) might oblige the DA. It's been done before and I try warning people against judges that are too "conservative", as well as too "liberal" (leftists). What you want is a judge who follows the Constitution, no matter what the negative consequences.
Only a fool would grant permission. NEVER volunteer for a search. A dishonest cop would search anyway and claim that the owners gave 'permission'. It's been done before. If you volunteer and the cop plants something, guess what.......it's admissible evidence against you!!! Yeah, I'm cynical, but I've been through Border Patrol checkpoints and I've seen some real crap being pulled by those officers that the 'law & order conservatives' would never imagine!
I fully agree. I never said they were smart, I only gave a likely scenario. I instructed my sons years ago (all grown now) to NEVER give a policeman permission to search their car, home, or anything else. If they threaten to detain you for hours and tow your car while they get a search warrant, the cops are bluffing. Just say, "No, you may not search my car and I retain all of my constitutional rights. Am I free to go or am I under arrest?"
A jerk LEO in a pissy mood could easily throw in a bag of dope and send you to jail and steal your car.
JUST SAY NO TO UNWARRANTED SEARCHES!
BTW, you would be surprised at the number of idiotss arrested for possession after giving a cop permission to search their car, stupidly thinking that retaining one's 4th Amendment right is "suspicious".
I'm not so sure they did give permission. I believe an enormous number of these 'voluntary' searches occur when the cop says, "Open the trunk." What the hell is that, an order, or a request? It sounds like an order to you, but it won't sound that way in court. The cop will testify that you willingly complied with his 'request' and a dorky 'law & order' judge would never question his word. William Renquist and Clarance Thomas are 'dorks' on 4th Amendment issues. BOTH thought it was ok for the cops to use infrared sensors to take a warrant-less peak THROUGH a homeowner's wall, when they got one of those proverbial "anonymous tips" that the guy was growing pot inside. Fortunately, Scalia and 4 other justices disagreed. Antonin Scalia is a 'dork' on every other 4th Amendment case, however. One case he loves the 4th Amendment, the next, he forgot all about it. The purpose of a judge issuing a search warrant (or not issuing one) is to serve a check of the hotshot cop who thinks he can decide for himself at the scene if a search is warranted and you can bet he'd always tell himself, "Yup. This guy needs to be searched.", if no warrants were required.
I just want judges who fully support ALL parts of the Constitution, but that's just like asking for a piece of Mars, it would seem.
Well said!!
Duh.
I want to know where Judge Crater is.
More unlikely, I would think. As we saw with Judge Moore, if you dare to question the government, they will simply throw you aside.
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