Lesson Learned - keep your voice down.

[Forever_frost]

Isn't it law in some states that they don't need a warrant to enter when domestic disputes are concerned? I could have sworn it was, when there is suspected abuse.


For once I'm not making fun of Matt, but I'd like to know the rest of the story. As Sean mentioned, who called it in, etc. From the just the video it looks bad, but that guy certainly didn't help matters any.

How did someone exercising their rights not help matters?

[bcoop]

How did someone exercising their rights not help matters?

He was being a dick about it. Step outside and talk to them. You don't have to let them in. It's like those guys that drive around everywhere recording, just waiting for a chance to flex their rights for no reason other than to be an asshole. Sometimes when you ask for trouble, you get it.

[Forever_frost]

You cannot be a dick by demanding police show a warrant and cause to enter your home, especially if they kick in your door. "Flex their rights for no reason?" Living is a reason to flex your rights. Holy shit. I can't believe anyone would be against exercising of a right. Why should I step outside to talk to police? Do I have an obligation to discuss things with the Gestapo?

He didn't ask for trouble the police who unlawfully entered into his home, did. Add assault with a deadly weapon and a violation of the 4th amendment and I hope he owns that police department

[03trubluGT]

I understand where you are coming from, and at the moment I agree, but they got called for a domestic disturbance.

Do we/should we expect them to just walk away without verifying that everybody is ok? Is it a problem to open the door and talk to them?

Again, I see your point, but this seems like a gray area to me.

This.

Who knows if there is a victim in the house if the housed is not checked? We don't have more info to go on, as who called, what info was given, is there a call history at that house, etc.....

I smell dead pig.

Yea, right.....

3 cops for a domestic disturbance in a town that covers 1.88 square miles, and has a population of 7,265? That's probably half of their police force.
Would it seem appropriate for the Dallas Police Dept to show up to a domestic call with 700 officers, and then rush in after everyone in the house had told them that everything was ok?

For domestics, three is not unreasonable.

If they think somethings wrong, they stay on site and call for a warrant. Otherwise stay the fuck out of my house

Who do they call for a warrant? "Hello Domino's, I'd like to order a no knock warrant with a side of Taser"....

The same thing that allows officers into a residence is the very reason a warrant isn't required. Its called an "exigent circumstance'.

Now did the officers handle it the best way? Probably not.

Did they accomplish what they were required to do? Probably.

What if they would have just left, and there would have really been a victim that needed help? Ya'll would have crucified them for not doing their job.

Just like the DPD case where she called 911, they checked the outside of the residence, knocked on the door and no one answered. The wife was later found dead.

So, tell me oh legal experts, what is the best way to handle these?

[bcoop]

You cannot be a dick by demanding police show a warrant and cause to enter your home, especially if they kick in your door. "Flex their rights for no reason?" Living is a reason to flex your rights. Holy shit. I can't believe anyone would be against exercising of a right. Why should I step outside to talk to police? Do I have an obligation to discuss things with the Gestapo?

He didn't ask for trouble the police who unlawfully entered into his home, did. Add assault with a deadly weapon and a violation of the 4th amendment and I hope he owns that police department

I know this will be lost on you, so I don't know why I am wasting my time replying. But I believe they had PC to enter when the 911 call was placed. They didn't just randomly knock on this guy's door demanding he let them in. I know you're not firing on all cylinders, but come on....

[bcoop]

What if they would have just left, and there would have really been a victim that needed help? Ya'll would have crucified them for not doing their job.

Just like the DPD case where she called 911, they checked the outside of the residence, knocked on the door and no one answered. The wife was later found dead.

Cleveland PD caught a rash of shit for not entering Ariel Castro's house when neighbors called.

[Trip McNeely]

I have a feeling if this was the case in Cleveland, there wouldn't have been 3 kidnapping victims for 10 years. Often times like Brent said, people just do shit just to be videotaping assholes. If someone is clearly violating your rights, then ok but when you bait cops just to get a rise, you are an asshole plain and simple.

[03trubluGT]

Cleveland PD caught a rash of shit for not entering Ariel Castro's house when neighbors called.

I have not followed that story, but I think I said I could not believe that in 10 years, they did not have a chance to make a break.

Oh, and policing is a no-win job.

If you please someone, you are pissing someone else off.

[Forever_frost]

This.

Who knows if there is a victim in the house if the housed is not checked? We don't have more info to go on, as who called, what info was given, is there a call history at that house, etc.....



Yea, right.....



For domestics, three is not unreasonable.



Who do they call for a warrant? "Hello Domino's, I'd like to order a no knock warrant with a side of Taser"....

The same thing that allows officers into a residence is the very reason a warrant isn't required. Its called an "exigent circumstance'.

Now did the officers handle it the best way? Probably not.

Did they accomplish what they were required to do? Probably.

What if they would have just left, and there would have really been a victim that needed help? Ya'll would have crucified them for not doing their job.

Just like the DPD case where she called 911, they checked the outside of the residence, knocked on the door and no one answered. The wife was later found dead.

So, tell me oh legal experts, what is the best way to handle these?

You're saying that police have no ability to call a magistrate, explain what is going on and getting a signature? Really? That's what you're selling?

[Forever_frost]

I know this will be lost on you, so I don't know why I am wasting my time replying. But I believe they had PC to enter when the 911 call was placed. They didn't just randomly knock on this guy's door demanding he let them in. I know you're not firing on all cylinders, but come on....

Then if they had PC to enter based on an anonymous call, then there shouldn't have been much of an issue. Knock on the door and if it's not opened, you enter, again, if you have PC or a warrant. If someone is standing on the other side of a glass door where you can see them and they're asking for a warrant? You obey the constitution, keep an eye on them and call for a warrant to be written out. What you do NOT do, when you can see everyone there, is kick in the door, taze the guy who is doing nothing more than recording.

[slow06]

If they think somethings wrong, they stay on site and call for a warrant. Otherwise stay the fuck out of my house

Fair enough, but remember the 4th amendment does say "unreasonable". I won't debate the definition of unreasonable with you, but some may say simply talking with residents after a domestic dispute is reported is not unreasonable.

Still not a reason to kick a door in, which I do understand. But then there is this:

What if they would have just left, and there would have really been a victim that needed help? Ya'll would have crucified them for not doing their job.

Just like the DPD case where she called 911, they checked the outside of the residence, knocked on the door and no one answered. The wife was later found dead.

So, tell me oh legal experts, what is the best way to handle these?

I wonder this as well. Can cops just call and get a warrant? If it is that easy then I would say they should have done that first, have one guy go get it while the other two stay there.

Not proud to say it but I've been in this situation. Wasn't a terrible argument, but we lived in an apartment so the neighbors heard. We let the cops in, talked for a minute separately, and they were gone. No big deal.

I'll stand up for my rights, but personally I don't have a problem having a conversation with them to calm their minds.

[Broncojohnny]

If an anonymous call is enough to let the police enter a house without a warrant then they could justify anything. I'm amazed that anyone with a brain would advocate that bullshit. And no, I don't care about big scary domestic violence cases either.

[Forever_frost]

Fair enough, but remember the 4th amendment does say "unreasonable". I won't debate the definition of unreasonable with you, but some may say simply talking with residents after a domestic dispute is reported is not unreasonable.

Still not a reason to kick a door in, which I do understand. But then there is this:


I wonder this as well. Can cops just call and get a warrant? If it is that easy then I would say they should have done that first, have one guy go get it while the other two stay there.

Not proud to say it but I've been in this situation. Wasn't a terrible argument, but we lived in an apartment so the neighbors heard. We let the cops in, talked for a minute separately, and they were gone. No big deal.

I'll stand up for my rights, but personally I don't have a problem having a conversation with them to calm their minds.

See, simply 'talking' can be done through a window or, in this case, a glass door. You can see the person you're talking to, see that they are unarmed except for a cell phone and you are in no danger of them firing through a door. Police would not stand for this shit if another agency decided to do this to them.


"Warrants can be obtained in a matter of minutes depending on the nature and degree of urgency of the situation.
Generally if the police go through the trouble of getting a warrant, the search will be very thorough, but must be limited to the articles described in the warrant. "

http://www.findlegaladvice.org/forum1/Law-Enforcement-Police/How-long-does-it-take-police-to-get-a-warrant-567544.htm

[Forever_frost]

If an anonymous call is enough to let the police enter a house without a warrant then they could justify anything. I'm amazed that anyone with a brain would advocate that bullshit. And no, I don't care about big scary domestic violence cases either.

Bingo. This is my argument.

[helosailor]

Matt, what I was saying, or implying, was that in a town as small as that, they probably were itching for something a little more juicy than an out-of-towner running one of the three stop signs in town. I see that see similar over-reaction by the RHPD quite a bit. Don't get me wrong, Chief Childress is like an aunt to me, but the officers here do get antsy for a little excitement.