This is a discussion on LEOs in Boston perform illegal searches... within the Gun Rights forums, part of the Gun Forum category; Published on Apr 20, 2013
WATERTOWN, MA — On Friday, April 19, 2013, during a manhunt for a bombing suspect, police and federal agents spent ...
WATERTOWN, MA — On Friday, April 19, 2013, during a manhunt for a bombing suspect, police and federal agents spent the day storming people’s homes and performing illegal searches. While it was unclear initially if the home searches were voluntary, it is now crystal clear that they were absolutely NOT voluntary. Police were filmed ripping people from their homes at gunpoint, marching the residents out with their hands raised in submission, and then storming the homes to perform their illegal searches.
Exigent circumstance exception to the 4th Amendment.
Main article: Exigent circumstance in United States law
There are also "exigent circumstances" exceptions to the warrant requirement. Exigent circumstances arise when the law enforcement officers have reasonable grounds to believe that there is an immediate need to protect their lives, the lives of others, their property, or that of others, the search is not motivated by an intent to arrest and seize evidence, and there is some reasonable basis, to associate an emergency with the area or place to be searched.
^ United States v. Smith, 797 F.2d 836, 840 (10th Cir.1986)
So LEOs decide the need to protect me in my secure home from an imaginary boogeyman?
main article: Exigent circumstance in united states law
there are also "exigent circumstances" exceptions to the warrant requirement. Exigent circumstances arise when the law enforcement officers have reasonable grounds to believe that there is an immediate need to protect their lives, the lives of others, their property, or that of others, the search is not motivated by an intent to arrest and seize evidence, and there is some reasonable basis, to associate an emergency with the area or place to be searched.
^ united states v. Smith, 797 f.2d 836, 840 (10th cir.1986)
so leos decide the need to protect me in my secure home from an imaginary boogeyman?
Exigent circumstance exception to the 4th Amendment.
You quote "Exigent circumstances". However I don't think that means what you think it means.
It is my understanding that "Exigent circumstances" is based off of probable cause. In that in this case the officers involved must have probable cause to search the domicile. That is in addition to this: that the individual may cause further harm, escape or destroy evidence in the time it takes to obtain a warrant.
An Idea, that a wanted individual is currently located in a neighborhood does not give probable cause to perform a house to house search of said neighborhood.
Probable cause for exigent circumstance, for example would be if during a persuit an armed suspect is either injured by police officers or by his own actions (climbing a fence, breaking thru a window) and enters a domicile. Police would be free to enter the domicile because all pre-requisites of possible further harm to residents of domicile, possible escape, and possible destruction of evidence all would exist.
Otherwise what is to stop the police from using exigent circumstance to enter my home when I'm not there because I'm at work and they have reason to suspect that a prior felon who is currently being sought due to an outstanding warrant resides in the same apartment complex as me, ableit in a completely different building and unit from me?
This is what I've been complaining about since Friday. I don't care who or what they are looking for, it does not give them the right to violate people's rights.
So while everyone has been giving the BPD and the Feds pats on the back, I've been scorning them for their rights violations.
It's absolutely disgusting!
One man caused "martial law" to be declared and out went all our rights. One man - not a mob. Not an out-of-control riot. Not some insurrection. Just one man on the run.
Yes, it sure did. I'm waiting for more news to come out but i dont think it will. Think about it, two novice home grown jerks.....(one of them being dead) shut down nearly the whole city of Boston for a week. Sad but true.
I wonder when the liberal Men in new England are going to start getting monthly nose-bleeds. I bet if this happend in Texas or a pro 2A blue state like west Virginia that this would take hours and not weeks to find them.....dead that is.....and then go out fishing in that boat afterwards.
My question is what are these cops in the videos going to do the cops who refuse to go along with this BS? Because it sure looks like the good cops are out numbered by .."machines"..
This is just getting everybody use to seeing this. So when Martial law is declared they will just hop on the trains and go to the fema camps.
Benjamin Franklin said it best "Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety"
Would those espousing the virtues of our Fourth Amendment still be vocal if law enforcement did not search house to house only to thereafter allow the remaining terrorist free reign in the neighborhood?
I'd bet some people would still lament if the terrorist (albeit unscathed/healthy) had been given free reign within the established perimeter only to thereafter move house to house slaying residents as he moves about.
They had a choice... find the terrorist post-haste or wait until more manpower arrived to set up a perimeter and implement roaming patrols.