PDA

View Full Version : Man Stands Up To Police Asking to Enter Home Without a Warrant




SeanTX
09-03-2014, 12:59 PM
In before the complaints about infowars link ...

Man stands up to cops going door to door looking for someone, asking to come inside -- he demands to see a warrant, they refuse, then start the "show us some ID" bullshit they like to use to escalate things. He refuses, and they leave.

He shouldn't have answered the door to begin with -- never open your door to a cop, or any other dangerous street gang member (they will open it if need be). In a lot of places they would have yanked the door open and put some lumps on him (or murdered him).

http://www.infowars.com/man-stands-up-for-constitution-as-police-demand-to-enter-home-without-warrant/

jllundqu
09-03-2014, 01:06 PM
Excellent

dillo
09-03-2014, 01:27 PM
pretty sure they dont need an ID to search for a crime in progress, I could be wrong though.

SeanTX
09-03-2014, 01:46 PM
pretty sure they dont need an ID to search for a crime in progress, I could be wrong though.

"Show me some ID!" just seems to be their latest technique to escalate situations.

When all else fails they can just fall back on that -- and it doesn't matter if the state law has limits on "asking" for ID.

Although with many cops it would be "show me some f*cking ID!" -- if the person complies they can run it for warrants, and if not they can huff and puff and make threats.

These cops were somewhat reasonable since they eventually gave up -- and said something that almost sounded apologetic at the end (I've forgotten what). Other cops would have kept pushing though ...

PaulConventionWV
09-03-2014, 06:12 PM
In before the complaints about infowars link ...

Man stands up to cops going door to door looking for someone, asking to come inside -- he demands to see a warrant, they refuse, then start the "show us some ID" bullshit they like to use to escalate things. He refuses, and they leave.

He shouldn't have answered the door to begin with -- never open your door to a cop, or any other dangerous street gang member (they will open it if need be). In a lot of places they would have yanked the door open and put some lumps on him (or murdered him).

http://www.infowars.com/man-stands-up-for-constitution-as-police-demand-to-enter-home-without-warrant/

If you don't open the door and they find out you're inside, you''ll probably be subject to suspicion of committing some crime since it would be assumed that you are hiding something.

PaulConventionWV
09-03-2014, 06:17 PM
pretty sure they dont need an ID to search for a crime in progress, I could be wrong though.

It was not in progress. Also, I'm not sure whose ID you are referring to, the man's or the cops'? The cops always need to ID themselves but often don't.

PaulConventionWV
09-03-2014, 06:20 PM
"Show me some ID!" just seems to be their latest technique to escalate situations.

When all else fails they can just fall back on that -- and it doesn't matter if the state law has limits on "asking" for ID.

Although with many cops it would be "show me some f*cking ID!" -- if the person complies they can run it for warrants, and if not they can huff and puff and make threats.

These cops were somewhat reasonable since they eventually gave up -- and said something that almost sounded apologetic at the end (I've forgotten what). Other cops would have kept pushing though ...

"Shut the door"?

I didn't hear anything apologetic whatsoever. Those guys were getting ready to grab his camera and drag him outside. It was only after he told him that he was filming "straight to youtube" (live stream?) that they started to back off.

JK/SEA
09-03-2014, 06:31 PM
lol...

dillo
09-03-2014, 07:04 PM
It was not in progress. Also, I'm not sure whose ID you are referring to, the man's or the cops'? The cops always need to ID themselves but often don't.

No that was my mistake, I meant to say if they believe a suspect is hiding in your house doesn't that follow under the "hot pursuit" that SCOTUS ruled as an exception to needing a warrant?
"

PaulConventionWV
09-03-2014, 07:50 PM
No that was my mistake, I meant to say if they believe a suspect is hiding in your house doesn't that follow under the "hot pursuit" that SCOTUS ruled as an exception to needing a warrant?
"

No, they have to have a reason to believe he is there. They can't just barge into people's house saying they think there's a criminal there.

They had no evidence, though, but it may not have mattered if that guy wasn't recording.

dillo
09-03-2014, 10:29 PM
No, they have to have a reason to believe he is there. They can't just barge into people's house saying they think there's a criminal there.

They had no evidence, though, but it may not have mattered if that guy wasn't recording.

Oh for sure, but lets say one of the neighbors says we think went into that apartment, I think at that point they don't need a warrant. The interesting question to me is if they are searching for the criminal and hes not there but they find a gun and weed can they prosecute off of that?

SeanTX
09-03-2014, 10:37 PM
The interesting question to me is if they are searching for the criminal and hes not there but they find a gun and weed can they prosecute off of that?

A "gamer" recently got "SWATTED" -- the cops barged in on "exigent circumstance" concerning an "active shooter -- weed was found, and he's been charged for that. So, the answer is YES.

CPUd
09-04-2014, 12:06 AM
They can charge you, but if you have a decent lawyer, it can probably get dismissed.

Jackie Moon
09-04-2014, 12:34 AM
They can charge you, but if you have a decent lawyer, it can probably get dismissed.

I remember when this happened here years ago to Damon Stoudamire.

He wasn't home when police entered his house responding to the burglar alarm going off.

He clearly had a decent lawyer though. Hopefully the swatted gamer is able to get it dismissed and he isn't scared into agreeing to a plea bargain.



A police search that turned up marijuana in Portland guard Damon Stoudamire's former Lake Oswego house three years ago was illegal, a split Oregon Court of Appeals ruled Wednesday.

The decision was 5-5, upholding the original ruling that the warrantless search violated Stoudamire's constitutional rights and that the seized drug couldn't be used as evidence.

Stoudamire was charged with felony possession of more than 150 grams of marijuana after police responded to reports of a burglar alarm at Stoudamire's house on Feb. 23, 2002.

The front door of the house was ajar when police arrived. Officers searched the house for intruders and said they found about a pound of marijuana in an attic storage area.
http://www.hightimes.com/read/court-rules-search-illegal-damon-stoudamire-drug-case

SeanTX
09-04-2014, 07:57 AM
They can charge you, but if you have a decent lawyer, it can probably get dismissed.

Only problem with that is , a decent lawyer costs $$$$ , and when/if the charges are dropped I don't think you get reimbursed for that (you'd have to spend more $$$$ to file suit to maybe accomplish that, and probably end up breaking even at best).

As has been said here before, we don't have a "justice" system, we have a "legal" system. And the damned lawyers win coming and going. You may beat the rap, but you won't beat the ride (and the lawyers are part of the ride).

SeanTX
09-04-2014, 08:53 AM
I just watched the video -- was only half listening at work yesterday to the audio on AJ's show. Yeah, they weren't apologetic at all, but the more reasonable one said "thank you" at the end, so I guess that's where I got that.

Yeah, great way to get cooperation from people -- shine a bright light in his face and then make all sorts of threats, instead of just talking to him. "Get that thing out of my face, I don't know what it is!" -- yeah, must be one of those cell phone guns.

I didn't realize he was talking to them through an open door, he's very lucky they didn't drag him out. Don't answer the door for the police -- unless they are specifically looking for you for a specific reason they can't charge you with "obstruction" or any other nonsense if they know you are there. Well, they might try, but I'd rather take my chances.