U.S. Supreme Court Makes Big Decision On When Cops Can Enter Your Home

12 replies
  • OFF TOPIC
  • |
Supreme Court Makes Big Decision On When Cops Can Enter Your Home
  • Profile picture of the author seasoned
    Yeah, don't you love it! If I ever came to this, I would argue that they could not go into a room that I sleep in, own, or solely inhabit. If they don't accept that, I would then ask how that works in the case of an apartment, or some building people manage or own. It has to stop somewhere, or the 4th amendment means NOTHING!

    Of course DECADES ago, they ruled that the police can KIND of overlook the 4th amendment if they can see something from a normal vantage point that seems suspicious. So they can't crawl around your car, use one of those crawlers, etc... but if they look through a window and see what looks to be the handle of a gun on the floor, all bets are off. The handle may turn out to be a toy console controller but if they then notice marijuana, you could be in trouble for pot because the guy stopped you to warn you about the speed limit!

    Steve
    {{ DiscussionBoard.errors[8986889].message }}
    • Profile picture of the author Kay King
      I don't see the fuss as I don't think this is a 'big case' decision.

      Maybe the morale is if you are wanted for a crime you just committed - it's not a good time to beat up your girlfriend.

      Fernandez v. California | The Oyez Project at IIT Chicago-Kent College of Law

      The ruling upholds the right to enter a property if the tenant present at the time allows it. A tenant who is getting a latte at Starbucks and thus absent can't object to entry any more than a criminal sitting in jail.
      Signature
      Saving one dog will not change the world - but the world will change forever for that one dog.

      I wish offended people would react like fainting goats and quietly tip over.
      {{ DiscussionBoard.errors[8987072].message }}
      • Profile picture of the author TLTheLiberator
        Originally Posted by Kay King View Post

        I don't see the fuss as I don't think this is a 'big case' decision.

        Maybe the morale is if you are wanted for a crime you just committed - it's not a good time to beat up your girlfriend.

        Fernandez v. California | The Oyez Project at IIT Chicago-Kent College of Law

        The ruling upholds the right to enter a property if the tenant present at the time allows it. A tenant who is getting a latte at Starbucks and thus absent can't object to entry any more than a criminal sitting in jail.
        You are entitled.
        Signature

        "It's easier to fool people than to convince them that they have been fooled. -- Mark Twain

        {{ DiscussionBoard.errors[8987088].message }}
        • Profile picture of the author Kay King
          I support the right of police to enter without a warrant if there is domestic violence or other emergency circumstance. I think a co-tenant should be allowed to grant access. Pretty stupid to beat/rob someone - then go home and beat up your girlfriend and then expect her to protect your weapons.

          In this particular case - the man was already incarcerated so I think a warrant would have been the way to go. It would have protected the woman as this guy is going to get out of jail in a few years.

          At the same time I'd hate to think a woman/co-tenant would not have the right to permit a search to remove potential weapons from where she lives.

          Interesting case - don't feel strongly either way about it.
          Signature
          Saving one dog will not change the world - but the world will change forever for that one dog.

          I wish offended people would react like fainting goats and quietly tip over.
          {{ DiscussionBoard.errors[8987187].message }}
          • Profile picture of the author seasoned
            Originally Posted by Kay King View Post

            I support the right of police to enter without a warrant if there is domestic violence or other emergency circumstance.
            NOBODY disputed that! In fact, they are allowed to do a visual search from any area they are in at such a time.

            I think a co-tenant should be allowed to grant access. Pretty stupid to beat/rob someone - then go home and beat up your girlfriend and then expect her to protect your weapons.
            This WAS a special case. Considering that she claimed they were in a fight, and he matched the description on a warrant, the police should be able to go in and confirm it.

            Like what I earlier said about a car search. You can't expect to drive recklessly, kill a person, and then try to get shelter from the 4th amendment. Likewise, don't get an obvious tattoo, get a warrant, beat your room mate, and expect to get shelter from the 4th amendment.

            Steve
            {{ DiscussionBoard.errors[8987796].message }}
  • Profile picture of the author KimW
    The Supreme Court has a duty to protect our rights,not subvert them.
    Signature

    Read A Post.
    Subscribe to a Newsletter
    KimWinfrey.Com

    {{ DiscussionBoard.errors[8987162].message }}
  • Profile picture of the author HeySal
    4th Amendment? HELLO - we are fighting right now to RESTORE the 4th. Have you not heard of the NDAA? Um.........that is not just for overseas or war. That took our 4th away from us. Jeez I wish people would wake up.

    Now entry? -- Am I seeing that right? If you aren't at home - for any reason - they can legally come in and search your home?

    So if you have a dog - they can walk in and kill it at will - because that dog is going to protect that home............and you aren't even there to defend it?

    This country is run by nothing but a bunch of stinking brown-shirts.
    Signature

    Sal
    When the Roads and Paths end, learn to guide yourself through the wilderness
    Beyond the Path

    {{ DiscussionBoard.errors[8987829].message }}
    • Profile picture of the author seasoned
      Originally Posted by HeySal View Post

      4th Amendment? HELLO - we are fighting right now to RESTORE the 4th. Have you not heard of the NDAA? Um.........that is not just for overseas or war. That took our 4th away from us. Jeez I wish people would wake up.

      Now entry? -- Am I seeing that right? If you aren't at home - for any reason - they can legally come in and search your home?

      So if you have a dog - they can walk in and kill it at will - because that dog is going to protect that home............and you aren't even there to defend it?

      This country is run by nothing but a bunch of stinking brown-shirts.
      RIGHT ON ALL COUNTS! Of course, I don't think they were saying the police could just go in on a whim.

      Steve
      {{ DiscussionBoard.errors[8987842].message }}
      • Profile picture of the author HeySal
        Originally Posted by seasoned View Post

        RIGHT ON ALL COUNTS! Of course, I don't think they were saying the police could just go in on a whim.

        Steve
        They're already swat teaming tens of thousands of homes - they get wrong homes, kill residents, and almost invariably anymore shoot family dogs. I don' think that "legal", "irght", "justifiable cause" , or the degree of the "offense" really matters to them anymore. Our police have gone military rogue on us and don't need any help from our Justice Dept.
        Signature

        Sal
        When the Roads and Paths end, learn to guide yourself through the wilderness
        Beyond the Path

        {{ DiscussionBoard.errors[8988033].message }}
  • Profile picture of the author thunderbird
    Sadly, it won't always be about scum of the earth such as wife-beaters and violent wanted criminals.
    Signature

    Project HERE.

    {{ DiscussionBoard.errors[8988049].message }}
    • Profile picture of the author Kay King
      They're already swat teaming tens of thousands of homes -
      Our police have gone military rogue
      No, "they" aren't...and saying something over and over doesn't make it true... don't see the "jackboots" mentioned in this one, though.:p

      If you aren't at home - for any reason - they can legally come in and search your home?
      Maybe a woman who is present has as much right to let people in as a man who is not present has to keep them out when they both occupy the property.

      If a man beat me up and the police needed evidence to put him away - you better believe I'd invite them in...just sayin....
      Signature
      Saving one dog will not change the world - but the world will change forever for that one dog.

      I wish offended people would react like fainting goats and quietly tip over.
      {{ DiscussionBoard.errors[8988131].message }}

Trending Topics