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To: 5Madman2
Yet another article sorely lacking pertinent info...I'll give it a shot

You're right on about the right to enter the house in a DV matter. If the wife was injured she'd own your house

I don't agree that a spouse should be able to trump the others fourth amendment protections. In this case, not seeing anything exigent, if PC could have been esatblished with the wife's info and/or thru other means then a warrant would be the way to go and areas of probable secreted evidence should be secured until the warrant can be served. We've had to freeze a few scenes while getting warrants if we had the okay to be there

In my experience, with everything computerized, it's quicker to hammer out a normal warrant and go wake up the on call judge and swear out the warrant at his house. I've never heard of a 5 minute anything let alone 5 minute telephonic warrant when trying to get something from the court.

Check out US vs Matlock. That has some parallels. If the SCOTUS uses that as precedent this will be sent back to reallow the evidence.

80 posted on 11/08/2005 5:57:02 PM PST by Horatio Gates (Stop the MSM...do it bloggie style.)
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To: Horatio Gates

Yes, freezing the scene and getting the warrant is always the better option, and it can be a fairly quick process, but certainly not the "5 minute" telephone call described.

So many factors, so little information to do an analysis.

Thanks


85 posted on 11/09/2005 3:52:24 AM PST by 5Madman2 (There is no such thing as an experienced suicide bomber)
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