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Author Topic: Looks Like The 4th Amendment Is Up For Grabs Now Back to Topics
jenmorezz

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Connecticut

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Message Posted: Apr 22, 2013 8:21:45 PM

A few pictures from Friday Scroll for more pics.

I understand the need to search for the terrorist...but there has to be some sort of protocol in how it will be carried out. The people who lived in that area should not of had to deal with what happened to them by the police, National Guard, and whoever else was involved in the manhunt. This is America and we do have Rights.

[Edited by: jenmorezz at 4/22/2013 8:24:01 PM EST]
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jenmorezz
Champion Author Connecticut

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Message Posted: Apr 24, 2013 1:46:07 AM

Yeah this looks voluntary

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AFSNCO
Champion Author Montgomery

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Message Posted: Apr 23, 2013 12:18:15 PM

AC, I do not think a judge would grant them a search warrant to come back if they were discovered while searching for something else. Plus, if the person is that dumb to still have them there they deserve to go to jail...
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MiddletownMarty
Champion Author Connecticut

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Message Posted: Apr 23, 2013 12:16:57 PM

"Marty, please tell me which part of the article do you think allowed them to do the search? Then we can discuss it."


In exigent circumstances, or emergency situations, police can conduct warrantless searches to protect public safety. This exception to the Fourth Amendment’s probable cause requirement normally addresses situations of “hot pursuit,” in which an escaping suspect is tracked to a private home. But it might also apply to the events unfolding in Boston if further harm or injury might be supposed to occur in the time it takes to secure a warrant. A bomber believed to be armed and planning more violence would almost certainly meet such prerequisites.


Furthermore, police may enter a private residence to provide emergency assistance to an occupant—which may include apprehending a suspected terrorist who also happens to be inside. And if they plan to make an arrest in someone’s home, they can undertake a “protective sweep” of the dwelling first to confirm that no weapons or accomplices are stashed away where they can do damage later.


Should these justifications fail, the police could also just conduct a search that violates the Fourth Amendment, knowing that whatever evidence they turn up might not be admissible in court. If their first priority is securing public safety, such a bargain doesn’t seem too awful





"Were search and rescue dogs used in this?"

I dunno. Does it matter?

[Edited by: MiddletownMarty at 4/23/2013 12:17:58 PM EST]
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AC-302
Champion Author Los Angeles

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Message Posted: Apr 23, 2013 10:17:35 AM

The prohibition is against "unreasonable" search and seizure.

Here now, let's use the argument of a terrorist slipping into the basement window, unknowingly. Let's say the cops follow a blood trail to a home. What if the residents were growing 10 pot plants (for personal use). If the cops have a warrant to look for the perp, and they spot something else amiss, they can go back to the judge and get a second warrant "while they wait." Or they could come back later with one. And I think the cops can walk around your yard if they are actively looking for a suspect, unless you tell them they cannot.

In this case, wasn't it the homeowner himself that called the cops to say that the terrorist thug was hiding in his boat in his yard?
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AFSNCO
Champion Author Montgomery

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Message Posted: Apr 23, 2013 10:02:58 AM

"Yes, you have rights, but if you were able to refuse entry to officers, and after they left, found a violent terrorist had entered your home through a basement window and came out of hiding brandishing weapons, those rights wouldn't mean much."

In my house he would have been shot at. :-)
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sgm4law
Champion Author Maryland

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Message Posted: Apr 23, 2013 10:00:49 AM

<<Worrying about your right to keep police from searching your home in a manhunt for a terrorist who HAS killed, and so far as is known, may kill again, maybe kill you, your daughter, your father, is about as useful as worrying about whether or not the terrorist, who was UNCONSCIOUS in the hospital, has been Mirandized yet.>>

As long as the police are only able to seize evidence or make arrests based on the object of their search, not just incidental findings they make. Just sayin'
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jenmorezz
Champion Author Connecticut

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Message Posted: Apr 23, 2013 8:35:49 AM

First of all I would have been checking my home and property, often, and likely way before they (the cops) got to my house...most likely many would have...and like the guy who found the terrorist did.

I am pretty sure the cops knew the guy had been wounded....there most likely was blood inside the vehicle, if people had been out and about someone would have noticed something and done what this guy did...call the cops...though I don't think I wouldd have actually gone up to the boat and lifted the cover.

Secondly, yes the law enforcers put their lives on the line and so did everyone who lived in the area....unfortunately the general public was nowhere near as armed as the law, but were just as, if not more so, vulnerable. All the people had for protection was locked doors and windows, unless they went through the MA laws to obtain a gun.

Third, it is your responsibility to protect yourself and your family, every day, not just when a terrorist is on the loose.

And rumbleseat, as we have found out the terrorist was not unconscious and was being questioned without haven been given his Miranda rights.

[Edited by: jenmorezz at 4/23/2013 8:36:35 AM EST]
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MaggieMae07
Champion Author South Dakota

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Message Posted: Apr 23, 2013 5:34:37 AM

Jenmorezz, you should be thanking all the men and women in law enforcement and National Guard for their quick handling of this extreme situation. They put their own lives on the line to apprehend these killers. I doubt there were many that objected to the search for these monsters. Where would they have found their next target?.. your church?.. your kid's soccer game?? Local, state & federal law enforcement did an outstanding job of preventing more death and injury by their quick and effective reaction to this heinous crime.
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rumbleseat
Champion Author Winnipeg

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Message Posted: Apr 23, 2013 4:45:59 AM

Yes, you have rights, but if you were able to refuse entry to officers, and after they left, found a violent terrorist had entered your home through a basement window and came out of hiding brandishing weapons, those rights wouldn't mean much.
Worrying about your right to keep police from searching your home in a manhunt for a terrorist who HAS killed, and so far as is known, may kill again, maybe kill you, your daughter, your father, is about as useful as worrying about whether or not the terrorist, who was UNCONSCIOUS in the hospital, has been Mirandized yet.
That's my opinion, anyway.
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jenmorezz
Champion Author Connecticut

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Message Posted: Apr 22, 2013 8:56:35 PM

Marty, please tell me which part of the article do you think allowed them to do the search? Then we can discuss it.

Another question I have...maybe you know the answer:

Were search and rescue dogs used in this? I would think that would have been the best way to handle this...and seeing as the terrorist was bleeding there woud be a trail...don't you?

[Edited by: jenmorezz at 4/22/2013 8:58:11 PM EST]
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MiddletownMarty
Champion Author Connecticut

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Message Posted: Apr 22, 2013 8:44:50 PM

Why the door-to-door manhunt for Dzhokhar Tsarnaev doesn’t violate the Constitution.
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MiddletownMarty
Champion Author Connecticut

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Message Posted: Apr 22, 2013 8:27:54 PM

From the linked blog:

"I imagine some of the police were entering the house to search it…is this what was done with every house?"

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