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To: gondramB
On the surface it does not sound like the deputy had cause to be forcing his way into the home in the first place.

When a police officer tells you to do something and you don't comply, you're in trouble. He was within his right to enter their house and arrest them at that time.

53 posted on 07/28/2007 10:27:54 AM PDT by NRA2BFree (THE TREE OF LIBERTY NEEDS TO BE WATERED FROM TIME TO TIME WITH THE BLOOD OF TYRANTS!!!)
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To: NRA2BFree

People like you are why this site has gone to hell.


54 posted on 07/28/2007 10:31:45 AM PDT by darkangel82 (Socialism is NOT an American value.)
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To: NRA2BFree
When a police officer tells you to do something and you don't comply, you're in trouble.

Should New Orleans residents have turned over their guns at the request of NOPD? Would you have done so?

He was within his right to enter their house and arrest them at that time.

Were they suspected of a felony at the time they went inside their own house? If not, then what is the justification for a warrantess entry?

62 posted on 07/28/2007 11:07:59 AM PDT by Ken H
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To: NRA2BFree

>>When a police officer tells you to do something and you don’t comply, you’re in trouble. He was within his right to enter their house and arrest them at that time.<<

1. The law the cop was there enforcing was clearly unconstitutional - per the supreme court.

2. Not having any cause police should not go onto private property, demand papers and then invade the home if they are not obeyed.

3. Even if the cop had the right to seek a warrant at that point the supreme court has set standard for warrantlyess home invasion called exigent circumstances.

>>A search is reasonable, and a search warrant is not required, if all of the circumstances known to the officer at the time, would cause a reasonable person to believe that entry or search was necessary to prevent physical harm to the officer or other persons/the destruction or concealment of evidence/the escape of a suspect, and if there was insufficient time to get a search warrant.<<

Since there was no evidence to be damaged or risk of escape he should have gotten a warrant.

We are talking about a bad cop who should not have a badge, if the story in paper is accurate.


68 posted on 07/28/2007 1:02:40 PM PDT by gondramB (Preach the Gospel at all times, and when necessary, use words)
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