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Politics : The Left Wing Porch -- Ignore unavailable to you. Want to Upgrade?

To: Mac Con Ulaidh who wrote (4666)	4/30/2001 3:32:40 PM
From: Win Smith	Read Replies (1) \| Respond to of 6089

choosie, my understanding is that before the evil Warren court, police in general didn't bother with search warrants. Of course, there was a lot of stuff people in the South didn't bother with before the evil Warren Court, like all those silly post-civil war amendments.

To: Mac Con Ulaidh who wrote (4666)	4/30/2001 4:11:44 PM
From: The Philosopher	Read Replies (1) \| Respond to of 6089

The only functional vote is the one you cast Yourself. That's YOUR vote. Makes me wonder whether you're married! Yes, if they were in the house under a warrant or in some other way legally they could arrest the person for any illegal behaviour they saw. Indeed, they're supposed to. Moral: don't ever invite a law enforcement officer into your house if there's ANYTHING they could see in plain view (which is fairly broadly interpreted) that could be criminal. Once they're in, you can't stop them going upstairs, downstairs, etc. Hold your conversations on the porch. That's some free legal advice, worth every penny you paid for it. There are a few times the police can enter the house without a warrant. Safety is one -- if they reasonably believe that a person is in danger, then can. But there has to be probably cause. Hot pursuit may or may not be another, it comes and goes, I'm not up on the current state of that law. But the most common one is to get permission. When the police knock and ask "can we come in and talk to you for a minute" most people don't think they have a choice. They do. There's no obligation to let them in. But if you say no they say "you don't have anything to hide, do you?" AKA a when did you stop beating your wife question. They're trained in waht they can and can't do. The public generally isn't. So they get away with a lot they have no legal right to but talk their way into. That's the honest ones. The others, fewer than most people suspect but still by no means a null set, just barge in and say they had permission. Most juries believe the police in such cases, especially if they found something to charge you with which is the only way you'll be getting in front of jury anyhow.