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Thread: Court: No right to resist illegal cop entry into home

  1. #91
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    Re: Court: No right to resist illegal cop entry into home

    Quote Originally Posted by Mayor Snorkum View Post
    You forgot your sarcasm tag.

    Cops abuse power all the damn time in this country. The situation was made worse with the "civil forfeiture" laws, wherein police agencies can directly profit from their crimes.
    Snorkum, I wish I was being sarcastic... and yes, that post was deliberately absurd, but some of us have been warning that this was going to happen, and have been called a "conspiracy theorist" that I "believed" that this was going to become reality.

    In reality though, this is one of those where I'm once again surprised at how much the american people will put up with.

    Quote Originally Posted by GPS_Flex View Post
    I assume you refer to me saying “my local police”?

    I have in fact had a warrant served on my home. I rented a room to a friend who did some coke with a cop’s daughter who was underage many years ago and it was a very humiliating experience. I had no idea my friend even did cocaine and they acted like it was me they were after at first so if I had followed the logic of some of the people in this thread, I could have fought back or shot a cop or two only to go to jail or the morgue.

    Rather than going to jail or leaving in a body bag, my roommate was arrested because they found coke in his room but I was treated with respect once they realized I was only renting a room to the douche bag. Glad I didn’t decide they had the wrong guy/house when they came rushing through the front and back doors of my home.
    Listen, most police officers ARE honorable people out trying to do the best job that they can... these people are not the problem. There IS a minority of officers that are not like that and WILL abuse any and all power they can be given... and they ALSO usually lack the discernment to determine how the crimes they commit will impact the police and society as a whole.

  2. #92
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    Re: Court: No right to resist illegal cop entry into home

    Quote Originally Posted by Viktyr Korimir View Post
    Do not fight cops in the street. You will never, ever win and even if they're wrong you'll be lucky if they even pay your hospital bills. The only weapon you can beat a cop with is a lawyer.
    In a case like this you make it very clear verbally the officer does not have the right to search the car. Get as many witnesses as you can so when it comes up in court, you have something on your side.

    Of course you do not fight with the cop in the street. Only somebody with something to hide would do that.

    I would not want a cop to poke around in my car for fear of a him planting something. I do not carry anything illegal in my car ever and I don't want it put in there by an over zealous cop.

    The system is set up for the officer to do what he wants and it is up to you to take out a second and third mortgage on your house to defend yourself from something that should have not happened in the first place, and the officer knows that.

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    Re: Court: No right to resist illegal cop entry into home

    Quote Originally Posted by MaggieD View Post
    I completely agree with this reasoning. Ya' don't argue with a copper on the street or at your front door. You argue with him in court.

    Resistance is futile.
    Isn't the officer immune to prosecution even civilly while doing his job?

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    Re: Court: No right to resist illegal cop entry into home

    Quote Originally Posted by Ikari View Post
    So just accept unlawful abuses by government goons and hope you can work it out from jail later, eh? Nice.
    That is the point. As soon as the officer realizes he made a mistake he will make something up to cover that mistake.

    How is the homeowner to know he did that to cover his ass?

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    Re: Court: No right to resist illegal cop entry into home

    Quote Originally Posted by X Factor View Post
    Generally true, but, as with everything else, there are exceptions.

    Exceptions To Search Warrant Rules: Information from Answers.com
    I read the whole page and nowhere does it say and officer can bust down your door by mistake which is what this case is about.

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    Re: Court: No right to resist illegal cop entry into home

    Something you won't hear in the future "do you have a warrant".

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    Re: Court: No right to resist illegal cop entry into home

    Quote Originally Posted by Mason66 View Post
    Isn't the officer immune to prosecution even civilly while doing his job?
    No, not at all... well, at least not previously.

    Cops DO have certain 'benefits' within the legal system, in that the court will GENERALLY take the word of a cop over the word of another... that does NOT mean that cops are immune though.

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    Re: Court: No right to resist illegal cop entry into home

    Quote Originally Posted by Aunt Spiker View Post
    This situation you're discussing rarely happens - usually, whne a cop is present at a scene of a disturbance, there's no reason to suspect he hit up the local costume mart and also bought a cop car while he was on his way out.
    The situation he related happens with most search warrant raids. The police don't want any forwarning to allow the suspects to dispose of evidence.

    It is rare that they will come to the door and show you the warrant asking permission to enter.

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    Re: Court: No right to resist illegal cop entry into home

    Quote Originally Posted by Krhazy View Post
    When an officer doesn't have a warrant, I would think that would be a pretty obvious indicator.

    My question is, does this law prevent someone from simply locking the door and not permitting the officer inside?
    After they bust through the front and back doors and they have everybody in handcuffs, then they show you the warrant if they have one. They do not show it at the door.

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    Re: Court: No right to resist illegal cop entry into home

    Quote Originally Posted by DiAnna View Post
    If police were to forcibly enter my home without a warrant, I would simply dial 911 and report them on the record. If police suspect that I'm harboring a fugitive, or have pot plants in a bedroom, or a meth lab in my basement, and they don't bother with the warrant, then I'm getting a nice settlement at the end of the day, because anything they find is inadmissable. Without a warrant or legitimate probable cause, police must ask for permission to enter your residence. If they fake it... "Say, did you just hear someone scream?" when the cat meows, for example... my settlement will be even fatter!

    For the most part, police do not deliberately conduct themselves in a manner that will get them sued or result in the case being thrown out of court. The problems occur when mistakes happen... SWAT simultaneously yells "Police! Search Warrant!" as the battering ram knocks down the door and a gaggle of riot-clad officers rush into the wrong home in the middle of the night. That has led to serious tragedy when the sleeping homeowner, awakened by the door being broken down, grabs a weapon and rushes out of the bedroom. Somebody is going to die, and it's not likely to be one of the police officers.
    How do you prove, as the home owner, that he didn't hear a scream, even though you know he is making it up?

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