<<Updated>> Scotus Rules Police Can Create Own Exigent Circumstances To Justify Warantless Searches

[LansingAreaCaregiver]

http://www.supremeco...pdf/09-1272.pdf

 

In essence, police are now allowed to conduct warrantless searches to remedy "emergency" situations they themselves create.

 

David Suter's dissenting opinion is right on.

 

UPDATE:

This isn't just hyperbole. Check out the reaction from one police chief just across the border in IN. "When asked three separate times due to the astounding callousness as it relates to trampling the inherent natural rights of Americans, he emphatically indicated that he would use random house to house checks, adding he felt people will welcome random searches if it means capturing a criminal."

 

Here is the full article: http://www.mikechurch.com/Today-s-Lead-Story/in-sheriff-if-we-need-to-conduct-random-house-to-house-searches-we-will.html

 

In other words, we're now subject to search if we are in the geographic vicinity of criminal activity. This court ruling is deadly to individual protection against warrant-less searches and I think it is only a matter of a short time before wild-west wannabes like Sheriff Bouchard and Federspiel start using similar lines of reasoning to justify their assault on medical marijuana...

[MORE COWBELL]

wow that is messed up!

their flawed logic thinking leads them and the world down a dark path of fear and pain...everyone has something to hide so Exigency exists because people are sinners and need babysitting...1984 Oceania everyone has a big TV two way video box in their domocile's and the screens watch you back 7/24 and secret agents are all over the general populace-no need for warrants, everyone lives in fear of violating 'big brother's edicts... being put to death tortured and imprisoned -if you do no wrong there is nothing to fear-join the program or suffer the consequences!

...the police always create an exigent circumstance by just being there, so in most cases the police are free to do whatever they 'think is right' to secure an arrest, secure evidence or uncover illegal activities-WE ARE ALL GUILTY OF SOMETHING..so we are all potential suspect 's/criminals under their logic...where is 'innocent until proven guilty' in all of this? -it seems this gives police ultimate authority to play Judge, Jury and Executioner in some cases---- we are running down a very dark path with this flawed logic

 

think Spanish inquisition, Salem witch trials, Europe's witch trials and the Mc Carthy communism trials to name a few... if you sink your guilty if you float your guilty either way you were dead...

 

 

Quote

"For these reasons, we conclude that the exigent circumstances rule applies when the police do not gain entry to premises by means of an actual or threatened violation of the Fourth Amendment. This holding provides ample protection for the privacy rights that the Amendment protects. (so only when police are 'investigating' do they need a warrant from how i read this... if they are in pursuit or looking to apprehend arrest or control then the gloves are off and they are free to secure an arrest and prevent destruction of evidence at all costs because their presence around criminal activity creates the EXIGENCY...or if your not doing anything wrong you have nothing to worry about-until they come for you because of your beliefs skin tone socio economic status or Gene Profile!)

"When law enforcement officers who are not armed with a warrant knock on a door, they do no more than any private citizen might do. And whether the person who knocks on the door and requests the opportunity to speak is a police officer or a private citizen, the occupant has no obligation to open the door or to speak. Cf. Florida v. Royer, 460 U. S. 491, 497–498 (1983). (“[H]e may decline to listen to the questions at all and may go on his way”).When the police knock on a door but the occupants choose not to respond or to speak, “the investigation will have reached a conspicuously low point,” and the occupants “will have the kind of warning that even the most elaborate security system cannot provide.” Chambers, 395

F. 3d, at 577 (Sutton, J., dissenting). And even if an occupant chooses to open the door and speak with the officers, the occupant need not allow the officers to enter the premises and may refuse to answer any questions at any time.

Occupants who choose not to stand on their constitutional rights but instead elect to attempt to destroy evidence have only themselves to blame for the warrantless exigent-circumstances search that may ensue." end quote

 

 

 

these folks had no choice to open their door or not-it was coming down like it or not..they were in pursuit... anything goes to secure an arrest even if it means entering the wrong apartment or shooting a toddler because they were in the wrong place at the wrong time(oops wrong address)-justified because they were in pursuit and could get a post dated warrant...it all stinks we are all suspects in Big Brothers eyes ears and thoughts-watch your backs MMM patients 'Buyer Beware' before joining the ranks of patients in the trenches

 

 

 

 

DARK TIMES

[TheFlyingBuddha]

Scary business.

[UrbanRangerKyle]

yeah but the man bought crack from an undercover before they kicked in his door... its not like they just walked up to a random house. I feel it is very sad that the odor of marijuana is enough for probable cause since in an apartment complex it could be coming from anywhere.

[+Silverblue]

Innocent till proven guilty has never truly been honored. If that premise had been followed, we wouldn't have as much trouble in this community, as well as other people who get singled out for some reason, (prejudice). They'd rather see it the other way around, even if the person is no threat. To them, someone is ALWAYS a suspect, a potential criminal just waiting to come out! The citizenry has been labeled as the enemy, regardless how real any threat is. We are truly not free. In they're minds, they think they're free to do whatever they want to us. I hope this horrid decision gets appealed. Safety vs liberty. They need an enemy, they invent one, brainwash people into believing said enemy is a threat. It's psychological terrorism and it's been going on for centuries. This world is so sad. Living in fear is no way to live. The only hope is to die in Peace.

 

Sb

[Big J]

Once again this country is becoming a Nazi state and the police are the new SS we just do not currently have a hitler figure. You can not say Obama is that leader because he has a tendency to change his story depending on whom he is speaking with. None the less the police state has been getting worse and worse. We are going to have to revolt in this country like they did in Egypt. We need to take our country back from the activist judges and Nazi regime police!

[UrbanRangerKyle]

man SB talk about hitting the nail right on the head I could not agree with you more

[imiubu]

Innocent till proven guilty has never truly been honored. If that premise had been followed, we wouldn't have as much trouble in this community, as well as other people who get singled out for some reason, (prejudice). They'd rather see it the other way around, even if the person is no threat. To them, someone is ALWAYS a suspect, a potential criminal just waiting to come out! The citizenry has been labeled as the enemy, regardless how real any threat is. We are truly not free. In they're minds, they think they're free to do whatever they want to us. I hope this horrid decision gets appealed. Safety vs liberty. They need an enemy, they invent one, brainwash people into believing said enemy is a threat. It's psychological terrorism and it's been going on for centuries. This world is so sad. Living in fear is no way to live. The only hope is to die in Peace.

 

Sb

Well said Sb.

 

[wolfgama]

... ... ...!!!!!

[AmishRnot4ganja]

Republicans like to go on about how the Democrats are "Socialists" and "Communists", so it is rather ironic that a republican dominated supreme court will give its stamp of approval to police tactics that have always been identified with Communist countries (Russia, China, Cuba, etc.) and dictatorships. Who's fooling who here?

[treehugger]

So i am assuming that the blanket recommendation on these boards to never open your doors to a policeman without a warrant, now stands modified to read: "Never open your doors to a policeman without a warrant, don't move, don't make a sound..." Great, we have made our peace officers into the bogeyman!

[LansingAreaCaregiver]

So i am assuming that the blanket recommendation on these boards to never open your doors to a policeman without a warrant, now stands modified to read: "Never open your doors to a policeman without a warrant, don't move, don't make a sound..." Great, we have made our peace officers into the bogeyman!

 

Yup. I'm fortunate that I have a window right near to my front door. If LEO comes knocking, I plan on minimally conversing with them through the closed window, then popping into a chair in front of that window and staring at the TV until they go away. It would make it really tough to argue I was destroying evidence when they can see me 100% of the time.

 

lol

[solabeirtan]

I think that the other important detail, besides crack cocaine, was the fact it was apartment. If you are renting you have much less privacy as well as no 'property rights' .

[Iceman081]

http://www.supremeco...pdf/09-1272.pdf

 

In essence, police are now allowed to conduct warrantless searches to remedy "emergency" situations they themselves create.

 

David Suter's dissenting opinion is right on.

 

UPDATE:

This isn't just hyperbole. Check out the reaction from one police chief just across the border in IN. "When asked three separate times due to the astounding callousness as it relates to trampling the inherent natural rights of Americans, he emphatically indicated that he would use random house to house checks, adding he felt people will welcome random searches if it means capturing a criminal."

 

Here is the full article: http://www.mikechurch.com/Today-s-Lead-Story/in-sheriff-if-we-need-to-conduct-random-house-to-house-searches-we-will.html

 

In other words, we're now subject to search if we are in the geographic vicinity of criminal activity. This court ruling is deadly to individual protection against warrant-less searches and I think it is only a matter of a short time before wild-west wannabes like Sheriff Bouchard and Federspiel start using similar lines of reasoning to justify their assault on medical marijuana...

 

America...........Home of the Free and the Brave and the Police State!!!!! How in the hell can any sane Judge leave the call to a Barney Fife!!! I mean I can understand calling a judge to get an ok but to leave it in the hands of LEO who we all know lies and cheats to CYA is just insane!!! Anyone ready to take OUR country back from the Corrupt Tyrants!!!

[MORE COWBELL]

bump!

KNOW YOUR RIGHTS PEOPLE ...OR LACK THEREOF !