Residential Entry After Outdoors Arrest

[LITLJON]

I found this interesting. It reminded me of a post on here. Click the here for the article in whole.

Residential Entry After Outdoors Arrest

Can you go inside? Sometimes yes, sometimes no.

by Devallis Rutledge - Also by this author

 

There are four ways to make a lawful entry into a private home: (1) under a valid search or arrest warrant; (2) with the voluntary consent of someone who reasonably appears to have authority to admit you; (3) as authorized by the terms of a parole or probation condition; or (4) where necessary to neutralize an exigency.

 

An entry that is not justifiable under one or more of these categories will violate the Fourth Amendment rights of the residents and their overnight guests. (Minnesota v. Olson) The result could be suppression of any evidence seized within, as well as potential civil liability for entering officers and their agencies. (Segura v. U.S.)

 

Notice that "entry incident to outdoors arrest" is not on the list of lawful ways to get inside a residence. In three separate cases, the U.S. Supreme Court has held such entries to be unconstitutional.

 

[Mr. Wilson]

If they arrest you in your yard or driveway and they want to get in the house, they just make something up on the fly to give them an excuse to get in. They know what will fly in the court later.

Normal police procedure I'd call it.

 

Animal or children in the house, unlocked doors, fireplace burning, notification to spouse, dangerous situation, arrested man needs a coat...etc etc

 

Yea, if they want in, they'll get in, law be dammed.

[+EdwardGlen]

If they arrest you in your yard or driveway and they want to get in the house, they just make something up on the fly to give them an excuse to get in. They know what will fly in the court later.

Normal police procedure I'd call it.

 

Animal or children in the house, unlocked doors, fireplace burning, notification to spouse, dangerous situation, arrested man needs a coat...etc etc

 

Yea, if they want in, they'll get in, law be dammed.

That's why each and every time LEO does enter illegally it has to be challenged!

[freemannabis]

That's why each and every time LEO does enter illegally it has to be challenged!

 

Amen!

 

(Fourth Amendment? What Fourth Amendment?!)

 

Yes, it's true; WE The People CAN [and, certainly, should!] sue malfeasant government operatives, ALWASYS utilizing a "public defender," every single time we are forcibly faced with the need. (IMO)

 

According to "The Law," It's [allegedly] supposed to be all about the "curtilage," "reasonable suspicion," "reasonable cause," (and other so-called "reasonableness") and [alleged] "exigent circumstances"; Among other things like "sanctity of the home" and "coercive entry".

 

I'll be heading out pretty quick here; But, I'll see what I can do to post some relative court cases and decisions as soon as I can.

 

Here's something handy to consider, for now:

 

"Lessons Learned:

The McClish case and later cases

decided by the 11th Circuit Court of

Appeals make it clear that entry into

a home, or merely standing at the

door, at the threshold, and reaching

through the door into the home, without

a warrant, consent, or exigent

circumstances, to effect a routine

felony arrest constitutes a violation

of the 4th Amendment. As such that

behavior is actionable under a civil

rights law suit. These cases will now

effectively deny a law enforcement

officer qualified immunity for his

actions in violation of the claimant’s

4th Amendment constitutional rights."

 

http://legaleagleservices.net/april2010.pdf

 

End Tyranny.

 

FREE The CURE!

 

SHARE The HARVEST

[puffaway]

Yea...but "exigent circumstance" trumps all. The cop just has to say he was trying to stop you from getting to an unseen weapon before you killed him with it.

The best policy might be to just run out the door and into their arms with your hands in the air. Just make sure to lock the door behind you and close it.

Does that sound correct to any of you lawyer dudes?

[lawyercaregiver]

If they arrest you in your yard or driveway and they want to get in the house, they just make something up on the fly to give them an excuse to get in. They know what will fly in the court later.

Normal police procedure I'd call it.

 

Animal or children in the house, unlocked doors, fireplace burning, notification to spouse, dangerous situation, arrested man needs a coat...etc etc

 

Yea, if they want in, they'll get in, law be dammed.

 

That's my comment. Sorry if I sound jaded (I am).