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Thread: Question of privacy

  1. #17

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    how would this be a violation of his privacy, all you did was use the TIC to view a spectrum of light that is not visable with the naked eye, but is still sent out and present wether you have a TIC or not. Unless you used what you saw as evidence, in which case i believe it would be illegal search, you did nothing wrong. Its the same idea that anyone, including police as i understand it, can go and get a scanner from radio shack and listen to people conversations that they have on cordless phones. THe big issue is what ever they hear can not be used as evidence in court or to get a search warrent. Basicly the issue is does the spectrum of light that is viewed matter? i would say no unless it is used as evidence.
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  2. #18

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    I say its okay since well we would not like you or other police-people shot and killed. You never know what will happen so its better to be safe then sorry. Its not like you could see much in his house anyway.

  3. #19
    War. War never changes. Est's Avatar
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    Quote Originally Posted by [b
    Quote[/b] ]Negative I did not have a search warrant only a warrant for his arrest.
    Just my oppinion, but that should be enough. If you were checking his house out constantly or on a routine basis, or just for giggles, then I'd say that is was invasion of privacy. It seems like having a search warrent and just getting an idea of any potential threats before you go in to make an arrest- Well that just seems smart! I support your actions; it's part of your job to keep yourself and your fellow officers safe.
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  4. #20
    SirKristoff is a poopiehead Ozzy's Avatar
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    Quote Originally Posted by [b
    Quote[/b] ]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.
    But if you accidentally bump the table and the gun falls to the floor with the numbers facing up. That would be legal. Or for your and every bodies safety, you pick the gun up to make sure it's unloaded. You set it back down with the numbers facing up. Most of my family are cops, and I know that all of them would pick the gun up and run the numbers. Besides It's their word against yours and in court the cop always wins that battle.

    As far as the topic, I think that it should be illegal for it to be used without a warrant. It is nobodies business what I do in my house, as long as what I'm doing poses no threat to anyone else. Therefor what right does anybody have using a device to look through my walls.
    If you have an arrest warrant, you have permission from the court to enter a private dwelling. I do believe that should also include any surveillance before entering. I think that using the device should be allowed in any case where the officers have permission to physically enter the house. One solution would be asking the judge permission to use the device when you are applying for the arrest warrant.

    Quote Originally Posted by [b
    Quote[/b] ]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.
    The way I see it, the cops had to look in all the drawers. How else could the cops know if your brother was hiding in your underwear draw?
    I don't mean to make fun of your situation but to me it's kind of strange that if they were looking for a person, why would they look in places that a person can't even get into. I think they were either looking for documents that would lead them to your brother or looking for something illegal so they could get you to talk.
    I know a lot of cops, and they are like everybody else, some good and some bad. I don't think what happened to you was right. You can't count on lawyers helping you unless they can get a big paycheck.




  5. #21

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    Yeah Joe sounds like a bad situation. From what you said there were atleast a couple of violations. One being that in order to get a search warrant you must tell the judge exactly what you are searching for. In your case it should have been searching for your brother, thus making it illegal for the police to search anywhere that would be impossible for him to hide (drawers, suitcases) stuff of that nature. The fact that they threw your stuff around is not ethical or a correct code of conduct but altogether legal. The shot to the kidney once again is not right but as you said it would be really hard to get a lawyer to take the case, because all the police would have to see is that you resisted and it would make the use of force legal. Its really tough the power that is granted to the police does give much room for the over use of it. That is why the process to become a police officer is to tough, it is hoped that the bad ones are weeded up but unfortunatly some slip through.

    Yeah Ozzy the gun on the table was a bad example, all police officers would take it for there saftey. A better example would have been if you seen the same gun through a glass case. The gun does not pose a threat because it was put away thus making illegal to pick it up and run the numbers w/o a search warrant.
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  6. #22

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  7. #23
    Somewhat Unstable superimposedhope's Avatar
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    I know my rights, the problem is: What do you do when an officer abuses authority? No-one wants to get involved to help. Like most professional groups they stick together and cover each others back usually.

    I didn't mean to hijack his thread
    Joe
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  8. #24

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    I would think that the TIM was justified. If you are going to go inside an unknown house to arrest a potentially dangerous person, you would want to know how many people were in there, and where they were.

    I don't know about this being thrown out of court for being ludicrous though. In the 1980s, a snowstorm dropped 13 feet of snow at once at a ski area that i go to. They closed it temporarily for avalanche danger/ control. They PUT UP A ROAD BLOCK, SET UP WARNING SIGNS, CLOSED THE ROAD, AND POSTED GUARDS OUT THERE. 6 people still went in, and some of them were killed in an avalanche. The survivors, and the families of the deceased sued Alpine Meadows, AND WON! How is that for ludicrous?

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