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Old 04-23-2013, 01:08 AM   #502
right to travel

 
Drives: 2013 Camaro 1SS 1LE SW
Join Date: Aug 2011
Location: Newport RI
Posts: 835
Quote:
Originally Posted by Milk 1027 View Post
Well then, you should know that one of the warrant exclusions applied to this situation. They weren't looking "for whatever it is they want", they were looking for a specific person which they knew was in the area and was an immediate threat to the public safety.


All I'm saying is, let the experts do their job. That's what they get paid to do. I'm sure their legal counsel know exactly what they're doing as well.
First im not trying to stop the experts from doing their job. I just want them to do their job the Right Way. Trust but verify! Lots of people get paid to do their job who know what they are doing and they can screw it just as easily as they can succeed. I DO NOT want them to screw this up. And by screw it up i mean evidence becomes inadmissible and some charges get thrown out because of the way they collected information and other evidence or they get a conviction by violating the suspects rights. There exists the perception that they may be doing so, which may be due to horrible reporting, and slow/selective communications of the facts. I hope that is not the case and they can prove it in court.

Second there MAY be one or two exceptions to the warrant requirement that apply based on the info in the link. The consent rule is highly likely to have occurred with residents in the area. What I would question is the rule that i think you believe may apply here the exigent circumstances rule. I agree that in this case there was no time to get a warrant to search houses in the area. But to just breach and clear and search random property house by house street by street to me does not say the they "acted in accord with a high probability that the (random) search would turn up contraband or evidence". Im not saying they did anything wrong that would be for the home occupant to decide, it just looks they did.

The Public safety thing is defiantly abused when its used in alot of cases and is often used as an excuse to violate individual rights for the purposes of convenience and public pressure to act.
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