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SpartanDem

(4,533 posts)

77. Nope that is not exigent circumstance

Mon Apr 22, 2013, 01:22 AM

Apr 2013

it only applies if police have seen the suspect, were chasing them and know they are hiding in particular area. If the police got tip he's was Des Moines they'd need probable cause and warrants to searches house. Let's say they raid the house in Des Moine(with a warrant), but somehow he slips out and they chase him and they lose him again. They now can go door to door without a warrant because it was an active chase.

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Assuming this all accurate, is this ok when searching for a fugitive? [View all] nessa Apr 2013 OP

Boston didn't mind. egduj Apr 2013 #1

What? MattBaggins Apr 2013 #8

yeah judge. how do you you know that? did you interview every bostonian? La Lioness Priyanka Apr 2013 #86

No. Just from what Boston DUers are saying. egduj Apr 2013 #88

you are still here? La Lioness Priyanka Apr 2013 #89

Exigency circumstances. nadinbrzezinski Apr 2013 #2

It's not legal if the police didn't see the suspect run into your house. reformist2 Apr 2013 #9

Take it to a court. It might clarify the limits nadinbrzezinski Apr 2013 #12

Yes it is gcomeau Apr 2013 #44

No. Once the officers inside had cleared them for exit notadmblnd Apr 2013 #3

They didn't know if there were additional accomplices. gcomeau Apr 2013 #6

I guess I have a problem with authorities treating everyone notadmblnd Apr 2013 #23

Please think that through. gcomeau Apr 2013 #45

No, they wern't asked. They were ordered notadmblnd Apr 2013 #53

Yes, THAT makes all the difference here. gcomeau Apr 2013 #54

I'd tell them I already searched my home. reformist2 Apr 2013 #55

And they'd know... gcomeau Apr 2013 #56

Balony, it can't be both notadmblnd Apr 2013 #57

In what fantastical imaginary land gcomeau Apr 2013 #58

Their motive for entering was to apprehend a criminal- notadmblnd Apr 2013 #61

IT WAS BOTH gcomeau Apr 2013 #65

Have you ever seen aftermath vids of a shooting scene? Yo_Mama Apr 2013 #68

Yes gcomeau Apr 2013 #4

Weren't they being ordered out of their home? Bay Boy Apr 2013 #5

Of course they were! gcomeau Apr 2013 #11

Check out this thread... DonViejo Apr 2013 #7

Constitutionality aside, the media is kind of lying by saying everyone "cooperated." reformist2 Apr 2013 #10

If 'everyone' means 99% of Bostonians, I think we can live with that discrepency. randome Apr 2013 #15

4th Amendment Tierra_y_Libertad Apr 2013 #13

Exigent circumstances and a hot pursuit. gcomeau Apr 2013 #18

Where is the "hot pursuit" part? Tierra_y_Libertad Apr 2013 #19

They followed him into the neighborhood. gcomeau Apr 2013 #43

Pointing automatic weapons at innocent people and forcing them from their homes NutmegYankee Apr 2013 #21

Engage your brain. gcomeau Apr 2013 #41

So your answer is that this tactic is OK? NutmegYankee Apr 2013 #60

Perfectly ok gcomeau Apr 2013 #63

The pursuit is meant for a specific dwelling, not an entire neighborhood. NutmegYankee Apr 2013 #66

Disagree all you want. gcomeau Apr 2013 #67

We are not arguing concrete topics such as mathematics or science NutmegYankee Apr 2013 #69

unreasonable is the key word. Everything law enforcement did was 100% reasonable. graham4anything Apr 2013 #24

So, if the cops thought the guy might be hiding it in Des Moines they could start invading houses? Tierra_y_Libertad Apr 2013 #29

They didn't invade DesMoines. They were spot-on in the radius. and 100% correct. graham4anything Apr 2013 #34

But, under your rubric it would be OK to violate the 4th Amendment anywhere. Tierra_y_Libertad Apr 2013 #36

When there is a hostage situation graham4anything Apr 2013 #40

Were there hostages in that house? Tierra_y_Libertad Apr 2013 #48

have a nice day. graham4anything Apr 2013 #49

Nope that is not exigent circumstance SpartanDem Apr 2013 #77

In a public emergency, people were told to leave the house with their hands up and were frisked. randome Apr 2013 #14

Gotta love the public emergency clause - all our rights go out the window. LOL reformist2 Apr 2013 #20

That's as it should be. I don't hear Bostonians complaining about any of this. randome Apr 2013 #22

I'm sure that emergency responders running into a home after an earthquake - NutmegYankee Apr 2013 #30

Irrelevant. You don't shoot an earthquake. You MAY need to shoot a dangerous suspect. randome Apr 2013 #59

Trained in Iraq and Afghanistan. Downwinder Apr 2013 #16

I'm sure you have a dossier on Boston police and Massachusetts National Guardsman handy, right? randome Apr 2013 #17

Somebody needs to be held accountable. Boudica the Lyoness Apr 2013 #25

Yeah, well, you're simply BETTER than we are, I guess. randome Apr 2013 #27

Yeah... gcomeau Apr 2013 #46

+1. And the kicker is, the police didn't even find the suspect - a civilian did! reformist2 Apr 2013 #52

+1 Apophis Apr 2013 #73

If the person said it was OK to enter, it was perfectly fine. aikoaiko Apr 2013 #26

People just outside the perimeter were angry the police did NOT search their houses frazzled Apr 2013 #28

I have a friend whose home got searched. NutmegYankee Apr 2013 #32

Illegal searches like this aren't too far from rape, imo. reformist2 Apr 2013 #35

It. Wasn't. Illegal. -eom gcomeau Apr 2013 #47

It wasn't exigent circumstance either ProgressiveProfessor Apr 2013 #72

Wow! I'm guessing someone broke the tenant limit on that rental. Baitball Blogger Apr 2013 #31

Great job...that's what I think... nenagh Apr 2013 #33

I'm only seen one good use of Exigency circumstances regarding entry. NutmegYankee Apr 2013 #37

Something Does Not Add Up Here - What's The Source of the Video? dballance Apr 2013 #38

There were hundreds of police, and they spend all day searching a dozen streets. reformist2 Apr 2013 #42

So you think they should have searched faster? randome Apr 2013 #64

no problem with it Marrah_G Apr 2013 #39

If this is of the frogmarch Apr 2013 #50

I feel safer already. limpyhobbler Apr 2013 #51

If you were in charge, how would you have handled finding the fugitive? randome Apr 2013 #62

It's real good what they done. n/t leeroysphitz Apr 2013 #70

From what I have heard, Exigent Circumstances were not invoked ProgressiveProfessor Apr 2013 #71

My friend indicated that he didn't have a choice. NutmegYankee Apr 2013 #74

The gouge on this is all over the map ProgressiveProfessor Apr 2013 #75

There's also the fact that so many different law enforcement depts/agencies were on the search. NutmegYankee Apr 2013 #76

Here is another thread on this ProgressiveProfessor Apr 2013 #78

I'll try to ask my friend for more details. NutmegYankee Apr 2013 #79

Put up your hands and leave your Constitutional rights inside! NickB79 Apr 2013 #80

Oh FFS that's #14 Willow court. Here's the story. Iterate Apr 2013 #81

Totally irrelevant.... Demo_Chris Apr 2013 #83

But they did knock on the door. Iterate Apr 2013 #84

That was a wonderfully written argument (seriously) for nothing at all. Let's review... Demo_Chris Apr 2013 #85

I've spent most of my life on your side of the argument. Iterate Apr 2013 #87

Disgusting. Unless they had a warrant these officers should all be looking for new jobs.... Demo_Chris Apr 2013 #82