To: frogjerk
While I could see the police holding a gun on the guy outside while they check his bonafides, there is no excuse for roughing him up and then entering his parents' house without a warrant.
As I understand the law (and please correct me if I'm wrong), the only time the police are allowed to enter a residence without permission of the owner or a warrant is if a person's life is in danger (ie. hearing someone screaming, followed by a gunshot). But even then, they are only allowed to enter and secure the situation. Any searches have to wait for a warrant to arrive.
75 posted on
07/28/2005 9:39:38 AM PDT by
Stonewall Jackson
(Our Constitution was made only for a moral and religious people. - John Adams)
To: Stonewall Jackson
80 posted on
07/28/2005 9:42:59 AM PDT by
Calpernia
(Breederville.com)
To: Stonewall Jackson
the only time the police are allowed to enter a residence without permission of the owner or a warrant is if a person's life is in danger (ie. hearing someone screaming, followed by a gunshot).Or probable cause, which does not seem to be the case here.
95 posted on
07/28/2005 10:00:54 AM PDT by
frogjerk
To: Stonewall Jackson
There are a few other specific situations in which the police may enter without permission or a warrant:
1. Clear and present danger (e.g. the case you describe where somebody hears screams coming from a house and calls the cops).
2. Hot pursuit (e.g. the cops are chasing a crook and see him jump in your window).
3. Blanket permission granted as a condition for parole.
AFAIK, that's pretty much it.
138 posted on
07/28/2005 1:16:20 PM PDT by
steve-b
(A desire not to butt into other people's business is eighty percent of all human wisdom)
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