Boston House searches

[insertNameHere]

This is more for American's familiar with the 4th amendment against illegal search and seizure.

If the police came to your door demanding entry to search for a suspected terrorist who may be in the area would you allow them entry. I wouldn't object to them searching my yard where he might be but I would not and will not consent to armed officers entering my house walking around as they please. A friend on facebook was stating I would be impeding justice or some BS. But sorry I don't care What tragedy is going on in the world I am not surrendering ANY RIGHTS.

Is it unreasonable to demand a search warrant even if you have nothing to hide?

[Kheldarson]

It's not unreasonable, but if they have reason to suspect that an armed suspect is in your house, then yes, they can come in whether you like it or not.

Article on the subject: http://www.slate.com/articles/news_a...olice_for.html

[insertNameHere]

Well they had no idea where he was which is why they were doing door to door. Glad it wasn't me because I wouldn't have let them in. Probably got tackled but would have nice shiny new things after suing for unlawful detainment and compensation for traumatic stress. Also, I'm gonna try and find legal precedence rather than a blogger who mostly posts about Nashville

[Greenday]

Well they had no idea where he was which is why they were doing door to door. Glad it wasn't me because I wouldn't have let them in. Probably got tackled but would have nice shiny new things after suing for unlawful detainment and compensation for traumatic stress. Also, I'm gonna try and find legal precedence rather than a blogger who mostly posts about Nashville

You could refuse, but they could walk in and search your house anyway without a warrant in this case. They narrowed it down to a certain specific area and he was without a doubt in that area.

It sucks, but when chasing a fugitive, the rules change.

[Kheldarson]

Slate's Explainer segment is generally rotated through their staff with reference to better sources. In this case, a professor from San Diego Law.

But would Answers.com be more acceptable?

[Pixilated]

I'm not an American, nor do I live there, but under the circumstances that prevailed today in Boston, then yes, I would probably let them in ... mostly so they could be sure the suspect wasn't standing behind the door with a gun stuck in my ear.

[siead_lietrathua]

i dunno, if the cops came to my door and said they though a psychopath might be hiding in my house... i'd want them to check and make sure there is no psycho!

[Titi]

It's not like they are going to go through your personal belongings, they are searching for a person who may be hiding somewhere. There are only a few places that person can hide. They just look in those places and leave (I know because my ex didn't pay child support but when we were together we lived together. We broke up I kicked him out but the sheriff office showed up at my house to serve his warrant. They asked to check. I realized they thought I was hiding him. Entire search of my place took 3 minutes.).
If you refuse and make them get a warrant it appears that you are hiding something, and when they get the warrant (technology makes them quick now) and they find that you aren't hiding the person (or whatever else they put into the warrant because by not wanting them to search for someone you are now considered suspicious), they CAN arrest you for obstruction of justice, as for suing about it? Ask Martha Stewart (who went to jail for five months after being convicted of it), about that in her magazine, or her Today show job.

[Gravekeeper]

If you refuse and make them get a warrant it appears that you are hiding something-

This is kind of the problem. Especially in this case as the cops at your door don't know if he is in your house threatening you or your family to say he isn't.

[HYHYBT]

If it helps any, in a situation like this they're not likely to take the time to look for anything *else.* They're in a hurry to find someone who is an immediate danger; they'll check for an adult-sized human anywhere one might reasonably be as quickly as possible and then move on to the next house. They're not going to dig through your cabinets, drawers, or hard drive.

[boringscreenname]

You could refuse, but they could walk in and search your house anyway without a warrant in this case. They narrowed it down to a certain specific area and he was without a doubt in that area.

It sucks, but when chasing a fugitive, the rules change.

Yep I read this is exactly what they were doing, and they were allowed due to Exigent Circumstance. http://www.law.cornell.edu/wex/exigent_circumstances

[Kheldarson]

They're in a hurry to find someone who is an immediate danger; they'll check for an adult-sized human anywhere one might reasonably be as quickly as possible and then move on to the next house. They're not going to dig through your cabinets, drawers, or hard drive.

And they can't dig through your private areas anyway when they're making a sweep like that as is. A closet, sure, but unless it is relevant to their search area or out in the open, they cannot go for it.

[insertNameHere]

Yep I read this is exactly what they were doing, and they were allowed due to Exigent Circumstance. http://www.law.cornell.edu/wex/exigent_circumstances

Previously it has been held if they are in direct pursuit of the guy and they witness him run into your house they can search or reasonably believe he is in your house they can search. However, can Exigent Circumstance really apply to multiple neighborhoods or even a whole city? With technology of today it wouldn't be to hard for them to do their sweep. Not find the guy walkout side take out of PDA mark my house as being searched and noting size of gun safe, etc and move on.

I would sweep and clear my own home if i believed there was anyone hiding and have done it before when a few prisoners escaped and where last seen east of my location. I'm sure in all the officers that participated one was ballsy and corrupt enough to see something small that they wanted and steal it.

[Greenday]

I'm sure in all the officers that participated one was ballsy and corrupt enough to see something small that they wanted and steal it.

When you have ANY proof or evidence or reasoning to actually believe that, feel free to post it. Clearly you must know these cops to make such a statement.

[insertNameHere]

When you have ANY proof or evidence or reasoning to actually believe that, feel free to post it. Clearly you must know these cops to make such a statement.

being from a Police family I have heard plenty of stories from Internal Affairs officers on shit that has happened when cops go bad. Sorry I believe that a suspected terrorist is not a valid reason to enter my home and that of everyone else in my town. Especially because that can lead to the slippery slope of well we think a terrorist might be in your area we need to search your house. The truth is they had no idea where he was and it took them a day to find him so how the hell is it reasonable to enter my home without a warrant?

It worries me that people don't give a shit about their rights and feel they should be tosses away to get some "safety"


edit:
Also should probably mention in America he is innocent until proven guilty and while he might be found to be a terrorist they also have accused how many people of being connected in the media and went OOPS we were wrong. I know its a movie but ever watch Enemy of the State. even if your innocent if you have people hunting and trying to kill you, you would fucking run too. Hopefully, there will be a trial and the bomber is found out and gets the sentence he deserves.