House to house searches

[attison]

You may be able to sue them later but I guarantee they are not taking no for an answer.

And, the important thing is that anything they find would be fruit of the poisonous tree and would thus be inadmissible in any criminal prosecution of the person refusing the search.

Correct, unless it was in the search warrant. If the warrant said they were looking for the person involved in the bombing and that was it, you could have 20 pot plants growing and there would be nothing they could do.

 

[ArmedinAtlanta]

"Moreover, we note that a defendant's refusal to consent to a search cannot establish probable cause to search. A contrary rule would vitiate the protections of the Fourth Amendment." United States v. Alexander, 835 F.2d 1406, 1409 (11th Cir. 1988)

 

[Laufen]

There is no way a police officer would come through my front door. Refusing to let them in is not probable cause as previously pointed out. Sorry, but my home is my private property.

 

[Bulldawg165]

Correct, unless it was in the search warrant. If the warrant said they were looking for the person involved in the bombing and that was it, you could have 20 pot plants growing and there would be nothing they could do.

I'm pretty sure they could still confiscate it though, just not press charges.

 

[rOmiLaYu]

There is no way a police officer would come through my front door. Refusing to let them in is not probable cause as previously pointed out. Sorry, but my home is my private property.

All the while iPhone recording and shouting "Am I free to go?," right?

 

[Laufen]

All the while iPhone recording and shouting "Am I free to go?," right?

Are there any other Amendments you'd care to roll your eyes about? Why would you want the police ransacking your house for no reason?

 

[rOmiLaYu]

Are there any other Amendments you'd care to roll your eyes about? Why would you want the police ransacking your house for no reason?

Explain to me how, in this Boston, MA scenario, anyone's 4th amendment rights are being violated?

 

[Laufen]

Explain to me how, in this Boston, MA scenario, anyone's 4th amendment rights are being violated?

The whole reason for the amendments is protection from potential violations. Potential constitutional violations can come at any time, especially in a situation like they are in right now. If a police officer wants to come into your house and they don't have probable cause, you don't have to let them in...that simple. Maybe your dusting your porn collection, maybe you are reloading and you're afraid of being labeled a "gun nut", maybe you just don't care to randomly suspend your rights.

 

[rOmiLaYu]

The whole reason for the amendments is protection from potential violations. Potential constitutional violations can come at any time, especially in a situation like they are in right now. If a police officer wants to come into your house and they don't have probable cause, you don't have to let them in...that simple. Maybe your dusting your porn collection, maybe you are reloading and you're afraid of being labeled a "gun nut", maybe you just don't care to randomly suspend your rights.

Or maybe you don't hate America?

 

[captdave77]

If you have nothing to hide (say the person they are lookin for) why would you not let them? I would let them, it would be quick and I'm sure they wouldn't be Richards about it. It's your right to say no. But, you see all the people talking about wanting to catch the guy, why not be part of the solution instead of part of the problem.

There is always an emergency and I just assume people in my house be invited. If I say someone is not here, I expect to be taken at my word unless there is evidence to the contrary. Would you be happy to be "part of the solution" if they decided to "secure" your firearms for your safety?

Obeying The Constitution is never the problem.