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Thread: Question of privacy

  1. #9
    rattler's Avatar
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    well im another anti-authority type but if you had an arrest warrent i see no problem with what happened. as was stated i think it falls under a saftey issue for the officers involved. to cruise the neighborhood checking houses at random would be in violation of privacy IMHO though. TIC are rather neat. our volunteer firedepartment purchased one last year to help aid in finding ppl in smoke filled buildings. very cool technology.
    cervid serial killer
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  2. #10
    endparenthesis's Avatar
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    Like superimposed said, I would think an arrest warrant would override a search warrant. How can you arrest someone if you aren't allowed to look for them first? If you were chasing the guy through a neighborhood and he darted into his house it's not like he could go "nyah nyah, you can't come in" could he?

    Reminds me of when we'd play tag as kids and declare things "base". [img]http://www.**********.com/iB_html/non-cgi/emoticons/new/smile.gif[/img]

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    Joe an arrest warrant does allow me to enter his residence to serve the warrant. I cannot however enter lets say his friends house even if I know he is in there, I would then have to get a separate search warrant for the friends house. But once I enter his house to arrest him with the arrest warrant I can 'look around' as you say. I cannot move anything to get a better look, but anything that is in 'plain view' that can immidiatly be determined by myself to be contra-band or something used in a crime, or something stolen, I then can legallly sieze the object and charge the owner of the residence. Even if I know that a Glock 23 with a very unique scratch and a serial number of 12345 was stolen, and I see a Glock 23 with the exact same scratch I cannot turn the pistol over to look at the serial number while serving the arrest warrant. Hope that helps, so never invite an officer into your residence if you have something sitting out that will get you into trouble. [img]http://www.**********.com/iB_html/non-cgi/emoticons/new/smile.gif[/img]
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  4. #12

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    endparenthesis -
    There are all sorts of laws that Law Enforcement Officers must follow that are sort of gameish. Like if I am in pursuit of a perp (ie Hot pursuit) and I never lose sight of the quys as he is trying to outrun me I can legally follow him wherever he goes, into his house, a friends house, doesnt matter I can follow. But if he happens to slip away somewhere that I lose sight of him for a period of time, and then while looking for him I see him enter a residence I have many more rules to follow. If it is not his residence I cant go whether it is a felony or misdemeanor. If it is his house I can only enter if the reason I was pursuing was a felony crime.
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  5. #13

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    Another left-leaning type chiming in:

    As long as the use of the TIC was used to the end of serving the arrest warrant, and done in a manner that would enhance the protection of safety and property for all involved, and it is not used in any manner inconsistent with the arrest warrant (i.e. -- if you uncover evidence using the TIC that would not normally be allowable, it still cannot be used unless other, legal, means are employed to legitimise said evidence), then i have no problem with it.

    Bottom line: you were not fishing for evidence of crime, which would be a clear violation of privacy, but you were attempting to use new technology to serve an arrest warrant more safely.
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  6. #14
    Somewhat Unstable superimposedhope's Avatar
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    With the arrest warrant you can enter his home and anyone or anything that is there is free game so long as you don't have to disturb the items? If this is the case then I see no reason for their to have been a violation of privacy. While you had not entered his property, if you had a warrant which allowed you to enter then I don't think it makes a difference to observe from the inside or outside other than your safety.

    Might I say since having met you and Copper, my veiw of cops has changed..........for the better that is.

    Joe
    \"There is nothing here of interest to any nation, as a matter of fact there is nothing here but humans!\"

  7. #15
    Somewhat Unstable superimposedhope's Avatar
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    Speaking of privacy.
    Wolf9,
    About 4 years ago I was served a no knock. They were looking for my brother who was at the time an unconvicted multiple felon (he did it). For some reason they had reason to beleive they said that I was hiding him. They came in, cuffed me, my wife(girlfriend at time), took my daughter to another room to question her. Tore the apt. apart. Drawers on the floor emptied, lingerie and underwear gone through and left on the floor. Every drawer, closet, etc... on the floor strewn about even thrown. Not only had my brother not been there but I had not spoken to him in over a year. They found absolutely nothin and left with nothin. Actually I was 20 at the time and had beer in my fridge, they emptied it in the toilet.
    They still have not found him, though he was in custody once and let go before they realized it.

    I know that was not right but nobody would help me, lawyers, no-one! After asking for a badge number and name I was given a kidney shot with the baton and told "Drop it!, Let it go!" Never heard anything again from them about my brother.

    WHAT THE HELL WENT WRONG HERE?
    Sorry I don't mean to steal your thread just curious about another privacy issue. It's long dead now but I still wonder. This was the height of my contempt for officers.

    Thanks
    Joe
    \"There is nothing here of interest to any nation, as a matter of fact there is nothing here but humans!\"

  8. #16
    Nepenthes Specialist nepenthes gracilis's Avatar
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    That sounds like BS Joe, sorry that happened to you! How horrible!

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