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

  1. #41
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    Re: Court: No right to resist illegal cop entry into home

    Quote Originally Posted by shintao View Post
    Well Maggie, if you don't mind, explain the law and the police job in relation to entry without warrant. And it is not reasonable suspicion, it is probable cause with some evidence shown to the courts.
    A police officer can enter any property - break down any door - if he has a reasonable suspicion that a crime is being committed. If a cop is chasing a suspect, and that suspect enters his home and closes the door, the copper does not have to get a search warrant to break it down. If a cop comes to the front door in response to a 911 call and hears screaming on the other side of the door, he does not have to get a search warrant. If a cop comes to the front door in response to a 911 call, someone answers it and refuses to let them in -- and they hear cries for help in the background, the copper does not have to get a warrant to enter a home. There are many exceptions.

    And this state supreme court ruling simply says you can't shoot a police officer (or whatever)for trespassing even if entry later proves to be illegal. You may be able to sue him and his jurisdiction, but ya' can't shoot 'im. This is just plain common sense. You don't argue with a copper in the street -- you argue with him in court.
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    Re: Court: No right to resist illegal cop entry into home

    Quote Originally Posted by Kernel Sanders View Post
    I don't see how the alternative would be feasible. "Unlawful entry" is something that has to be decided by the courts, not a civilian on the spot. If you think the police are acting improperly you have to seek remedy through the courts, not by assaulting a police officer. I just don't see how it can work otherwise, every asshole who wants to resist arrest could just claim he thought the cops were acting unlawfully.
    So just accept unlawful abuses by government goons and hope you can work it out from jail later, eh? Nice.
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  3. #43
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    Re: Court: No right to resist illegal cop entry into home

    Quote Originally Posted by MrVicchio View Post
    Where in did I say killing a cop? Jump far Viktyr? I'm talking about the Rights of you, the individual in general, and your on about cop killing.
    And I said that your rights don't matter. If you resist, you will lose. The harder you resist, the harder you will lose. And, unfortunately, the harder you lose the worse you look in court.

    There is no possible instance in which trying to prevent a police officer from entering your home ends up anywhere but you hurt.

  4. #44
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    Re: Court: No right to resist illegal cop entry into home

    Quote Originally Posted by Baralis View Post
    Court: No right to resist illegal cop entry into home



    Wow....what are we coming to.

    Papers please
    A court actually had to tell people this? Yeah! What are we coming to?

  5. #45
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    Re: Court: No right to resist illegal cop entry into home

    Quote Originally Posted by MrVicchio View Post
    No Warrant, No Entry.
    Generally true, but, as with everything else, there are exceptions.

    http://www.answers.com/topic/excepti...-warrant-rules
    Last edited by X Factor; 05-14-11 at 07:01 PM.
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  6. #46
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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.
    I think most law enforcement agencies try to get it right, but, of course nothing's perfect. Surely you can see why the courts would not want to sanction armed resistance to police force. That would only escalate an already bad situation.
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  7. #47
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    Re: Court: No right to resist illegal cop entry into home

    Quote Originally Posted by X Factor View Post
    I think most law enforcement agencies try to get it right, but, of course nothing's perfect. Surely you can see why the courts would not want to sanction armed resistance to police force. That would only escalate an already bad situation.
    When the government uses force improperly against the rights and liberties of the individual, it is not unreasonable for said individual to resist.
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  8. #48
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    Re: Court: No right to resist illegal cop entry into home

    Quote Originally Posted by spud_meister View Post
    So a cop can just stroll in and poke around your house without any good reason? Doesn't that violate unreasonable search?
    No - that's not the issue.

    The issue is this:

    "If you don't feel an officer has a legal right to enter your residence then how do you deal with this? A) physical interaction B) legal reaction."

    They're wanting people to pursue option B rather than option A.

    People, regardless of the situation, are NOT their own jury or judge - individuals who have created a cause for concern or issue are not IN the position to determine the appropriate course of action against any officer - at all.

    If things have been done wrong - then it should be dealt with legally, not with force. . . in which all evidence of said violation is carefully examined by people who are not vested into the situation emotionally (the officers and the civilian individuals)
    Last edited by Aunt Spiker; 05-14-11 at 08:22 PM.
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    Re: Court: No right to resist illegal cop entry into home

    Quote Originally Posted by X Factor View Post
    You're saying the homeowner should kill the cop?
    if you burst into my house waving a gun, then i haven't seen any badge, i have no idea who you are or what you are after, i have a wife and two little children to protect, and all i see is that you are a mortal threat.


    sorry to do it because many of my friends are cops, and i think we as a society don't allow them near enough chance to do their jobs effectively and protect themselves. but you can buy a shirt that reads "police" anywhere.


    If you have a warrant, surround the house, come up and knock, and present your identification and your warrant. I will probably seethe quietly, but I'll help you as much as I can to get you off my property and out of my house.

    But come in waving a weapon, and one of us is dead.

  10. #50
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    Re: Court: No right to resist illegal cop entry into home

    Quote Originally Posted by Baralis View Post
    Court: No right to resist illegal cop entry into home



    Wow....what are we coming to.

    Papers please
    If this is the case, it will be time to reactivate the militia's.

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