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Old 03-04-2015, 10:15 PM
 
6,145 posts, read 3,359,282 times
Reputation: 13048

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Quote:
Originally Posted by sedimenjerry View Post
That's what I was thinking. If the house was near a college or in a common student neighborhood I could see why IDs might be asked for. I know where I am it's not a college area. I would be shocked if it happened here.
You mean because students should not be covered by the same constitutional protections as anyone else?
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Old 03-04-2015, 10:31 PM
 
Location: Brawndo-Thirst-Mutilator-Nation
15,357 posts, read 15,347,585 times
Reputation: 11089
If police can see inside....they can usually present SOME reason why they NEED to enter. It is always something.........there is always a reason police can run your name, ask for ID, enter your home...........YOU have to decide if the reason is legally justified and if you want to challenge them.

I was standing near the side of the road, taking a rest before riding my bike the last uphill leg to my place. LOL, I was standing in a city-owned, public area with NO signs or barriers restricting access to the area. I was about 1/2 block away from the road because I did not want to breath exhaust on my break......also did not want to risk getting hit by traffic. Well, I see this cop stop and walk over to me. He asks what am I doing??? I politely tell his I am taking a break before I ride up the hill to my apartment. Then he says something along the lines of "well, I need to see your ID". I say........what for? He says, "well, you are standing in a restricted area"! Haha, I said "What, I'm outta here!"..........and I walked off. And the cop did not say or do anything as I got on my bike and left.
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Old 03-04-2015, 11:11 PM
 
Location: Beautiful Niagara Falls ON.
10,024 posts, read 10,187,461 times
Reputation: 8879
Quote:
Originally Posted by KaaBoom View Post
Don't be so certain about that. If the police have a good relationship with a local judge, it could take only a few minutes to drive to the judges home and pick up a warrant, based only on the police officer's word.

Thats what makes this whole thing even dumber. They could have probably searched this guys house constitutionally. But the cops are like F*** the Constitution, I'm coming in now. They don't even care if they get sued. It's just tax payer money anyway.
Here in Ontario they most likely would not get the warrant. There have been too many cases of accused people suing and winning over warrants based on false information. For example, if my neighbour reports that I'm dealing drugs based on nothing except he hates me, I'm likely going to win a huge award when I sue him. If the police were negligent while collecting the information leading to the warrant than they too will be guilty of false arrest. "Arrest has a broad definition in Canada. If you are detained for a second against your will, that is an arrest.

My second son is a lawyer and takes his freedoms very seriously. He was walking down a street in a bad part of town when this cop came up to him and demanded to look in his backpack. My son said NO and asked what probable cause the cop had for the search. The cop said that being in that part of town is cause enough. My son replied that he didn't think a court would agree. The cop started with some bluster and my son stopped him with, "Am I free to go". He was actually hoping the cop would say no so that he could then sue for false arrest. The cop seemed to realize he was being set up because after thinking for a second or two said, "yes you can go".
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Old 03-05-2015, 09:52 AM
 
Location: oHIo
613 posts, read 573,170 times
Reputation: 1305
I'm just glad Mr Kenebrew didn't own a dog.
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Old 03-05-2015, 10:12 AM
 
Location: New Market, MD
2,008 posts, read 2,467,048 times
Reputation: 2507
Quote:
Originally Posted by Gerania View Post
Right over your head, yes? You didn't even have to duck.
If poster was being really sarcastic my apologies.

I must say though this is the first post that went above my head in this regard. On a computer screen when you post something you have to make sure it does translate correctly. See there are a number of smilies to help you out. I am sure that post might have received some reputations from people who think police has every right to do whatever they b.elieve.
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Old 03-05-2015, 01:16 PM
 
Location: Planet Earth
1,293 posts, read 904,208 times
Reputation: 798
Quote:
Originally Posted by Jukesgrrl View Post
Obviously the United States of Corporations wasn't bad enough.
You're right. We've been a United Police States for a long, long time though.
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Old 03-05-2015, 04:08 PM
 
Location: ATL -> HOU
4,132 posts, read 3,250,480 times
Reputation: 3154
Quote:
Originally Posted by kokonutty View Post
You mean because students should not be covered by the same constitutional protections as anyone else?
As a recent college graduate I do think the same constitutional rights should exist. I just realize the differences in expectations. If a cop sees alcohol consumption and people that appear young, that's plenty of probable cause. Considering college areas are pretty well known hotspots for underage drinking it's just that I'm not surprised at checking IDs. Just like I expect more DUI checkpoints on the roads near bars at 2 am than in the middle of nowhere.
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Old 03-05-2015, 09:17 PM
 
1,431 posts, read 665,302 times
Reputation: 1311
Quote:
Originally Posted by kokonutty View Post
You mean because students should not be covered by the same constitutional protections as anyone else?
I think he meant because a lot of underage drinking occurs at/around college campuses, considering that people normally don't hit the drinking age until their junior year.
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Old 03-05-2015, 09:43 PM
 
Location: Type 0.7 Kardashev
10,577 posts, read 6,875,426 times
Reputation: 37352
Quote:
Originally Posted by sedimenjerry View Post
As a recent college graduate I do think the same constitutional rights should exist. I just realize the differences in expectations. If a cop sees alcohol consumption and people that appear young, that's plenty of probable cause. Considering college areas are pretty well known hotspots for underage drinking it's just that I'm not surprised at checking IDs. Just like I expect more DUI checkpoints on the roads near bars at 2 am than in the middle of nowhere.
That may - may - be probable cause for obtaining a warrant to enter. And then, warrant obtained, entering.

However, barring exigent circumstances, warrantless intrusion is a Fourth Amendment violation. Exigent circumstances would be to prevent injury/death based on a substantive reason to believe someone in the premises was under imminent threat of such. Exigent circumstances would also be the prevention of the imminent destruction of evidence. Neither of those circumstances apply in this case.

If a murder suspect had fled into the premises, yeah, that's exigent circumstances. If someone was threatening law inforcement, sure.

But, sorry... "I think I saw someone who might've been underage drinking something that could've been a Schlitz!" doesn't cut it.
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Old 03-06-2015, 04:13 PM
 
Location: ATL -> HOU
4,132 posts, read 3,250,480 times
Reputation: 3154
Quote:
Originally Posted by Unsettomati View Post
That may - may - be probable cause for obtaining a warrant to enter. And then, warrant obtained, entering.

However, barring exigent circumstances, warrantless intrusion is a Fourth Amendment violation. Exigent circumstances would be to prevent injury/death based on a substantive reason to believe someone in the premises was under imminent threat of such. Exigent circumstances would also be the prevention of the imminent destruction of evidence. Neither of those circumstances apply in this case.

If a murder suspect had fled into the premises, yeah, that's exigent circumstances. If someone was threatening law inforcement, sure.

But, sorry... "I think I saw someone who might've been underage drinking something that could've been a Schlitz!" doesn't cut it.
Then just say alcohol poisoning was a concern.

From a police chief on underage parties:
“If we respond to a party, our primary obligation is to make sure everyone is safe. We will enter the house, we will I.D. everyone at the party, we will contact parents of juveniles and youths, we will make sure anyone with alcohol poisoning will be treated by EMS, and we will charge anyone who’s in possession of alcohol with a liquor law violation,”

Or say it was just an open party and anyone was welcome (from OSU):
" Some of the reasons they are permitted to enter are: you are allowing anyone to enter (open house party)"
I suspect a lot of it happens like this. College students who don't know any better think they have to let cops in at which it doesn't matter when they can enter with or without a warrant. An unsuspecting party-goer can just let them in.
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