So with these two fugitives in NY, what's the legality of law enforcement to search

allen-1 said:
Unless you were busy texting (or using tap-a-talk to read/write NES) as you walked up to your door.
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Most of the younger generation walk around looking down at their phones, paying no attention to what is in front of them, so many wouldn't even miss the missing door until they tripped over it under their feet. [wink] [thinking]
 
I was having this conversation with someone yesterday. He felt that it was okay because - wait for it - he had nothing to hide, and it made the cops' job easier. While I can agree that they can rule your house out, I don't see why making their job easier requires that you consent to have your house searched.

In my mind, if I know there are no escaped cons in my house there's no need for me to prove my innocence. But I'll be happy to call them to collect the body if one later decides to break in.
 
ToddDubya said:
I was having this conversation with someone yesterday. He felt that it was okay because - wait for it - he had nothing to hide, and it made the cops' job easier. While I can agree that they can rule your house out, I don't see why making their job easier requires that you consent to have your house searched.

In my mind, if I know there are no escaped cons in my house there's no need for me to prove my innocence. But I'll be happy to call them to collect the body if one later decides to break in.
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Sadly there are so many laws out there that going thru your house even though you THINK that you've broken no laws, may well lead to a prosecution. You have a wall hanging and it has a bird's feather on it! Hmm, could that be a protected species feather? Don't know but why don't we prosecute and let the courts sort it out???

It really is that easy.

No thanks.
 
Lcstyle said:
you can let us search peaceably, or we can do this the hard way.
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Hard way it is, then. You wanna risk not getting home for supper, just to be a dick? You come stomping on my porch = you're the instigator. IDGAF what badge is on your pretty little chest.
 
The answer is no. No for the house, no for the shed's, no for anything. I know what is on my property, move on.
 
Len-2A Training said:
Sadly there are so many laws out there that going thru your house even though you THINK that you've broken no laws, may well lead to a prosecution. You have a wall hanging and it has a bird's feather on it! Hmm, could that be a protected species feather? Don't know but why don't we prosecute and let the courts sort it out???

It really is that easy.

No thanks.
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Exactly what I told him. Are you sure that bondage equipment you keep in the spare bedroom is all legal?
 
Hoon said:
Ive had cops screaming in my face a few times. Its not scary. They're only pissed because you hold the cards. Stay calm, professional and polite...but theres no need to comply.
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I stole a few street signs in HS (stupid kid stuff). Took a wrong turn on the way home in an uppity rich town and had to turn around on a dead end. Back on the main road I was pulled over for being "suspicious", one of the uppity morons called the cops. I was dressed in dark clothes, it was late at night, etc. Cops asked questions, I was out for a ride, blah blah.

They wanted to look in the trunk (that's where the signs were). Nope, you cannot. Cops sat there arguing with me for 20 minutes plus saying they thought I was hiding something, etc. I kept to it. I know my rights, you cannot search. They tried to intimidate, said all kinds of bs but they went home pissed.

Always remember they ask because they don't have the right to search and need your permission. They are not your friends, they will jam you in a second if they can. Always say no, no matter what. Even if they do search over your objection, it can be tossed in court and the case would go with the "evidence".
 
jhblaze1 said:
LOL ok dude. Let us know how you make out [rofl]
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<shrug> if it comes to it, they might shoot me, sure. but one of them ain't going home, either. if that's worth their shiny badge, ego, arrogance, and a toe tag, it's their choice, not mine. I don't view cops as the good guys, anyway.

Remember that Indiana passed legislation validating self defense of a home against illegal entrances....including against those with badges. While this isn't Indiana, the same self defense against illegal entrance applies, badges don't change a damn thing other than for self-indulging ignorant peons.
 
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Ringworm said:
<shrug> if it comes to it, they might shoot me, sure. but one of them ain't going home, either. if that's worth their shiny badge, ego, arrogance, and a toe tag, it's their choice, not mine. I don't view cops as the good guys, anyway.

Remember that Indiana passed legislation validating self defense of a home against illegal entrances....including against those with badges. While this isn't Indiana, the same self defense against illegal entrance applies, badges don't change a damn thing other than for self-indulging ignorant peons.
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I don't disagree with your sentiment. Sometimes I wish I had nothing to lose so I could make a point with these nazi's but at the end of the day I love my wife and infant son too much to be that guy. I don't kid myself for a second thinking I'd win a firefight against our militarized police though I KNOW given their watertown demonstration that I could probably take a dozen of them out before they hit me even once. Sure would suck if one of their irresponsibly flung stray bullets nailed my wife or kid too.

I'd prefer to make it crystal clear on video that I don't consent, make sure not to physically get in their way, and then sue the shit out of them and use the money to put said infant through college, upgrade to a nicer house and maybe buy a Ducati Diavel.
 
The sad part is that a group of police sent out on a H2H search won't care about your rights. "Sorry you can't come in without a warrant"...."you are under arrest for interfering with an officer" and they search your place. If they find anything "bad" they will stack charges and you will end up facing 10-20 years in jail. You hire a lawyer and of course, the charges get dropped. You sue and get a few thousand bucks that pays for the lawyer. YOUR PROPERTY TAX GOES UP to pay for the settlement, town atty fees, cops salary while testifying etc etc. The cop goes home safe and pays nothing.
 
Never consent.
Think about what you can be jacked up for in Ma.
You sure there's no empty brass around? Even in the range bag? Improper storage.
You were sitting at the press in the basement when they knocked.
Did you lock up all components before answering the door? Improper storage again.
Cleaning your gun perhaps? Bing , Improper storage.

How about that dummy Grenade sitting on the shelf?
They'll be back later (2AM) with a warrant ( No knock)and the swat team and bomb squad to make sure it's not live.

NEVER (and this is coming from most of my LEO friends) let them in without a warrant.
If they have one , step aside and fight it later.
You literally can not breath in this state without breaking some law, so something will be seen that if the cop wants to be an ass about it, your going to have trouble.
 
GomerPile said:
The sad part is that a group of police sent out on a H2H search won't care about your rights. "Sorry you can't come in without a warrant"...."you are under arrest for interfering with an officer" and they search your place. If they find anything "bad" they will stack charges and you will end up facing 10-20 years in jail. You hire a lawyer and of course, the charges get dropped. You sue and get a few thousand bucks that pays for the lawyer. YOUR PROPERTY TAX GOES UP to pay for the settlement, town atty fees, cops salary while testifying etc etc. The cop goes home safe and pays nothing.
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...until the right(wrong) people are sufficiently pissed off. Presently, that seems to mean certain elements of the black community. But ultimately, as Gerald Celente has pointed out before, “When people lose everything, and they have nothing left to lose, they lose it." And I suspect a small cadre of educated, trained (former) middle-class "losers" can inflict significantly more damage than rioters. Especially if that training includes military training.

Even if it doesn't... really, how much effort (either mental or physical) is it to torch a house of a cop? Especially at 0-dark-30 when he's on days?
 
Len-2A Training said:
Ask the people in Watertown what the "risks" are for refusal. The intimidation factor is very high, probably with threats of arrest for "interference with law enforcement" . . . legally it is all bluster, but with our court system I could see them getting a conviction. No idea wrt NY laws.

No I wouldn't let them in absent a warrant. They can search my shed however, I'd hand them the key.
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If they need the key to search your shed, than they don't need to search the shed. [wink]
 
Dadstoys said:
Never consent.
Think about what you can be jacked up for in Ma.
You sure there's no empty brass around? Even in the range bag? Improper storage.
You were sitting at the press in the basement when they knocked.
Did you lock up all components before answering the door? Improper storage again.
Cleaning your gun perhaps? Bing , Improper storage.

How about that dummy Grenade sitting on the shelf?
They'll be back later (2AM) with a warrant ( No knock)and the swat team and bomb squad to make sure it's not live.

NEVER (and this is coming from most of my LEO friends) let them in without a warrant.
If they have one , step aside and fight it later.
You literally can not breath in this state without breaking some law, so something will be seen that if the cop wants to be an ass about it, your going to have trouble.
Click to expand...

Hell, even if they have a warrant, the answer is still "I do not consent to this search".

Saying yes to any question from the warrant search team could expand their search authority without you intending it.

Repeat ad nauseam until they stop asking or leave.
 
Unfortunately, it is NOT as easy as saying "no, thank you" or "no warrant, no search". If you think otherwise, take a look...



Yeah, I'd sue later, but how far will you REALLY go when they've got a foot in your door and you can't close it?
 
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JayMcB said:
exigency....[puke2]
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It's a good clause, it gets abused.

I walk by your house on some other errand, I hear screaming, I look in the window and see you bound and gagged. I hear the screaming from another part of the house.
A. I call it in and wait for a warrant.
B. I kick in a door and end the situation.

c. you are swingers into that kind of thing and it still goes sideways.
 

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