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Question of privacy

Joined
Jul 10, 2004
Messages
581
Location
Michigan
Yeah Joe sounds like a bad situation. From what you said there were atleast a couple of violations. One being that in order to get a search warrant you must tell the judge exactly what you are searching for. In your case it should have been searching for your brother, thus making it illegal for the police to search anywhere that would be impossible for him to hide (drawers, suitcases) stuff of that nature. The fact that they threw your stuff around is not ethical or a correct code of conduct but altogether legal. The shot to the kidney once again is not right but as you said it would be really hard to get a lawyer to take the case, because all the police would have to see is that you resisted and it would make the use of force legal. Its really tough the power that is granted to the police does give much room for the over use of it. That is why the process to become a police officer is to tough, it is hoped that the bad ones are weeded up but unfortunatly some slip through.

Yeah Ozzy the gun on the table was a bad example, all police officers would take it for there saftey. A better example would have been if you seen the same gun through a glass case. The gun does not pose a threat because it was put away thus making illegal to pick it up and run the numbers w/o a search warrant.
 
Joined
Jan 7, 2005
Messages
945
Location
La La Land (Los Gatos, Caifornia)
I would think that the TIM was justified. If you are going to go inside an unknown house to arrest a potentially dangerous person, you would want to know how many people were in there, and where they were.

I don't know about this being thrown out of court for being ludicrous though. In the 1980s, a snowstorm dropped 13 feet of snow at once at a ski area that i go to. They closed it temporarily for avalanche danger/ control. They PUT UP A ROAD BLOCK, SET UP WARNING SIGNS, CLOSED THE ROAD, AND POSTED GUARDS OUT THERE. 6 people still went in, and some of them were killed in an avalanche. The survivors, and the families of the deceased sued Alpine Meadows, AND WON! How is that for ludicrous?

True Story
 

FlytrapGurl

apple rings.. what more can i say?
Joined
Feb 25, 2002
Messages
2,619
Location
T-ville, Florida
Hmmmm.. well, from what I have learned from endlessly watching Cops and The X-Files, an arrest warrant allows you to arrest someone against their will, and a search warrant allows you to come into their home against their will. I understand how what you did was a good safety precaution, but if you only had the arrest warrant, I can see how it was an invasion of privacy, since you didn't have the search warrant. But I have ALSO gathered that, if necessary, you are allowed to go to any means to arrest someone, so I see it as kind of hypocritical for the guy to get mad at you for what he thinks was breaking the law when he himself apparently ALSO broke the law in whatever he did to get arrested.

My 25 cents.
 
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