Police Don't Need Warrants In Emergencies

Full story: Kutv.com

The Supreme Court reaffirmed Monday that police can enter homes in emergencies without knocking or announcing their presence.

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aiki_mcr

United States

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#91
May 28, 2006
 
Dennisf wrote:
<quoted text>(...good stuff about probable cause snipped...)
Okay, I was given to understand that if a cop had a reasonable suspicion that a crime was in progress that an implied "probable cause warrant" was considered to be in effect. This would include obvious stuff like hearing gunshots from a house, but could extend to things like a person having a history of drug sales hanging out on a street corner in a neighborhood known to be a hangout for dealers.

If I understood that idea, the biggest problem with it is that it's a bit vague and some cops (not all!) like to push the envelope as far as they can take it.

That seems like it might be consistent with your (obviously superior) understanding of the subject, but I'm not sure.
Dennisf

United States

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#92
May 29, 2006
 
aiki_mcr wrote:
<quoted text>
Okay, I was given to understand that if a cop had a reasonable suspicion that a crime was in progress that an implied "probable cause warrant" was considered to be in effect. This would include obvious stuff like hearing gunshots from a house, but could extend to things like a person having a history of drug sales hanging out on a street corner in a neighborhood known to be a hangout for dealers.
If I understood that idea, the biggest problem with it is that it's a bit vague and some cops (not all!) like to push the envelope as far as they can take it.
That seems like it might be consistent with your (obviously superior) understanding of the subject, but I'm not sure.
It's a very complicated issue. Most of all criminal cases that go to court has any search done by the police strongly attacked by the defense. A search warrant may be invalid because it didn't contain sufficient PC. An officer must be in a place he or she has the legal right to be when seizing contraband in plain view. In a consent search, the consent must be free and voluntary. The officer must be very careful in how consent is obtained. It's very easily argued as "forced" consent. Many officers standing around a suspect that is giving consent could be ruled as forced. In this case, police responding to a crime in progress, is pretty clear cut. Somebody is beating a person almost to death inside a house. It's pretty clear that police must enter, and I mean now, to help this person. Sometimes common sense must rule, and in this case it does. This was really a "slam dunk", that's why it went 9-0. I think Roberts likes the 9-0 score. He recently spoke at a graduation and stated the he likes a "united court". That may have been a reason that the court heard this case, because he knew it would go 9-0. Many judges can't get a firm understanding of the rules. Only search, seizure and constitutional experts really understand it. The court is right on target in this case.
Dennisf

United States

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#93
May 29, 2006
 
Reasonable suspicion is less than probable cause. Police need at least a reasonable suspicion to stop someone to investigate a crime. I don't mean to just chat with someone, I mean forcibly stop. Look at Terry v. Ohio, the "stop and frisk" law. A ole-timer big city detective saw a guy walking around the outside of a liquor store and looking around and inside like he was getting ready to rob it. The detective saw a buldge in the mans pocket. He stopped the man, felt the outside of his pocket, and felt a pistol. He arrested the man on a weapons charge. Good job! He stopped the robbery and may have saved a life. He had suspicion to stop, but the PC to search came when he felt the pistol. This may help in understanding what PC is v. reasonable suspicion.
metoo

Salisbury, MD

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#94
May 29, 2006
 
http://www.comcast.net/news/national/index.js...
Dennisf wrote:
Reasonable suspicion is less than probable cause. Police need at least a reasonable suspicion to stop someone to investigate a crime. I don't mean to just chat with someone, I mean forcibly stop. Look at Terry v. Ohio, the "stop and frisk" law. A ole-timer big city detective saw a guy walking around the outside of a liquor store and looking around and inside like he was getting ready to rob it. The detective saw a buldge in the mans pocket. He stopped the man, felt the outside of his pocket, and felt a pistol. He arrested the man on a weapons charge. Good job! He stopped the robbery and may have saved a life. He had suspicion to stop, but the PC to search came when he felt the pistol. This may help in understanding what PC is v. reasonable suspicion.
Dennisf

United States

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#95
May 29, 2006
 
metoo wrote:
http://www.comcast.net/news/na tional/index.jsp?cat=DOMESTIC &fn=/2006/05/29/402227.htm l
<quoted text>
This is the police stop standard used by all criminal courts in the United States. This is the case. I know you can't understand it, I know you can't help it. Sorry.
Jaimie

Madison, WI

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#97
Mar 18, 2013
 
Police do not need a warrent.

All they need is "OWNER" consent. Just because you rent and mortgage does not mean you own property and went over the border and made it home safe.

Just because a apartment owner has rights, they ar ento owner either, until all papers are paid and interest to a zero balance. BANK owned but who owns bank.

Overrides warrents all the time. Refused to leave when owner said behavior is illegal and not permitted on thier land.

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