“A search without a warrant in NO case should be valid. Period.”
I agree in regard to post incident investigation.
But I thought the discussion was about a response to domestic violence as an ongoing activity and the search of premises for the particular location of the violence in order to stop it.
Does what you wrote mean the police should await a warrant before searching a house from which they hear gunfire and screams?
IF an officer goes to a door and hears nothing amiss, he has no rational reason for demanding entry, absent a warrant. While officer A is gone for a warrant, presuming probable cause, officer B can sit outside to maintain a listening watch and, should violence break out, he’s there to intervene. Otherwise, a warrant, naming the person or persons sought and the items to be seized and the reason why it’s believed they are on this premise can CONSTITUTIONALLY get the cop through the door. What’s so hard about doing things the RIGHT way for a change?
Kris, DCWUSMC is of the impression that there are NO REASONABLE SEARCHES ~ yet it’s been the case in English common law for a thousand years (as well as Roman law) back 2700 years, and probably even Babylonian law ~ maybe even Sumerian law going back 8,000 years THAT the king’s constable is entitled to act on what he sees ~ he is NOT required to ignore what his eyes tell him.