"I don't need a warrant"

[Intoodeep]

As far as I am concerned if there is not a warrant, anyone who enters a home without permission should be treated the same.

I agree that's why it's important not bail out deadbeats...




ETA: page 2 is all mine

 

[WhyteCheddar]

There are legit situations where a warrant is not required. If the officer has PC (probable cause) that not entering may allow a fugitive to escape or that evidence may be destroyed. But the PC has to be strong because if its not the officer is then on the hot seat big time.
Also, if you are a fugitive you have forfeited certain rights. If you happen to hold up in the house of a friend then that friend shares your loss of rights as they are now harboring a fugitive.
Not saying this specific incident is correct, just giving some 'what ifs'.

 

[Redcap]

As far as I am concerned if there is not a warrant, anyone who enters a home without permission should be treated the same.

They should wind up DRT.

 

[Jamie6.5]

So some dirtbag picks an address out of thin air, and it turns out to be mine.
The police and some BS bail bondsman enter my house without a warrant, or probable cause and I'm supposed to stand (aside) for that??

Somebody's gonna be a hurtin' unit when that fiasco is over with. And I may be one of the ones hurt, but the clown that says he "doesn't need a warrant" will be hurting as bad or worse.

Officer is on the "hot seat" or the "cold slab." His/her choice.


Man there are some screwed up discussions on this website. And some opinions that are out "there" somewhere with regard to how one should protect their property/privacy and their rights as US citizens.
I guess someone is going to have to die before this kind of crap reaches the light of day where advocates for both side get scrutinized and either get re-elected or fired!

 

[huntpotter]

Have also witnessed a cop coming to a domestic dispute call, like child abuse...requires cops to do a 'welfare status' on the 'victim', which means your either bringing them out, or they are coming in...one time one cop was called to a total bS domestic dispute, cop on the other side of a fence, told the owner to call off his barking dog...as the owner approaced to ask the police officer what it was about..the cop, shot the dog dead, from the other side of the fence, came through the fence, cuffed up the owner, went into the house, to check on things...nothing was wrong, uncuffed the owner, ...sorry I shot your dog, have a nice day..

Somebody shoots my dog, on my own property, I return fire. There was a day when you could be killed on site for messing with a guy's livestock. We'll, my old dog is my only livestock, but he is still valuable to me.

 

[Stomper]

WOW... there were some "ignant" comments made by the lady, the LEO's, and the BEO... it'll be interesting to see how this one pans out after the facts are made known.

 

[LCspeedsteel]

i would assume that they guy they wanted or the guy who co-signed, use, or used this ladys address... PROBABLY because they at least stayed there during the time of the bail.... so... dont bail someone out unless you KNOW and ENSURE that they show up for court and report for sentence.... i bet these guys arent as far off as its fun to believe... would you risk your career AND benefits to feel cool and break into a persons house?? yes it does happen, but again... dont associate with criminals, if you can help it, and if its family, and they have ever gotten an FTA.... let the jail make sure they go to court... so its not your tail that gets fried... not worth the money it costs you, and not worth the money that the state puts out to track them back down.

 

[orygun]

I would love for this to happen at my house, I would have killed them as they came through the door. Any bondsman out there wanna give it a try?

I, for one, am thrilled it wasn't my house. I would have not been as passive and the trouble would have begun shortly after wards. I don't need that kind of trouble.

I hate "sue happy" people, but I hope she takes it to them!

 

[BrianL]

I'm sure that 99% of law enforement officers are good ones, but videos like this one certainy foster distrust.

 

[Redcap]

I'm sure that 99% of law enforement officers are good ones, but videos like this one certainy foster distrust.

And all we ever hear about are the ones that screw up...

 

[LCspeedsteel]

And all we ever hear about are the ones that screw up...

Amen....

 

[TAT2D]

And all we ever hear about are the ones that screw up...

Yesterday, 10,000 commercial airplane flights landed uneventfully. Film at eleven.

MrB

 

[pokerace]

"barring restrictions applicable state by state, a bounty hunter can enter the fugitive's private property without a warrant in order to execute a re-arrest. They cannot, however, enter the property of anyone other than the fugitive without a warrant or the owner's permission."

That means if either of the dirtbags they're looking for used that address for anything they don't need a warrant, which seems to be what the bondsman was saying. I usually don't feel too bad for criminals, or those who harbor them.

the keywords in your statement fugitive's private property.
I have not read anything that said this property was owned by the fugitive.

 

[nonsense]

the keywords in your statement fugitive's private property.
I have not read anything that said this property was owned by the fugitive.

I haven't read either way, but I'm also not sure what constitutes as "property". Does the fugitive have to be on the deed, or does he have to have shown that he lives there?

Legal or not, that bondsman is asking for trouble, he could have had every right to be in there, but ended up with a hole in his head. What's that saying about being dead right? I keep waiting for the news article about Dog The Bounty Hunter and posse getting shot when they enter a property with their fake badges and tacti-cool paintball guns.

I think the cops were out of line and should have stayed in the car and let Mr Bondsman do his job. Unless they have a warrant they should stay out of it. Seems like they wanted to play Dog Bounty Hunter as well.

 

[Blitzkrieg]

I wonder what a 911 call would have accomplished.

Didn't help the Davidians much at Waco

 

[Blitzkrieg]

There are legit situations where a warrant is not required. If the officer has PC (probable cause) that not entering may allow a fugitive to escape or that evidence may be destroyed. But the PC has to be strong because if its not the officer is then on the hot seat big time.
Also, if you are a fugitive you have forfeited certain rights. If you happen to hold up in the house of a friend then that friend shares your loss of rights as they are now harboring a fugitive.
Not saying this specific incident is correct, just giving some 'what ifs'.

That's not what the 4th amendment says.. a warrant, signed by a judge with a reliable witness statement is required for all seizures of property or trespass on private property

 

[tionico]

when the original perp was arrested, he had some means of establishing his legal residence for the cops who nabbed him. THAT address would be the same for the bail bond. IF that address was the same as this feisty lady with the sick video camera, the bondsman was within his right to enter with no warrant. The bailee surrenders his right to freedom from search or arrest ON THAT PREMISES as a condition of his being extended bail. His co-signer also surrendered his right to his property offered as security. Not sure about his rights against detainment.
IF the bailbondsman is anywhere, and actually SEES and identifies his bailee, he has the right, uncer California law, to persue, even entering private property if need be, to detain him. BUT--- until and unless this happens, he can NOT enter any other property on the mere chance, hunch, suspicion, tip, that his mark is or might or has been there. Otherwise, get a bailbond license and you've got instant and free access to anywhere in the state.... certainly NOT the case.

SO- if the original fugitive did not supply this woman's address as that of his own residence, and since the bondsman did not SEE the fugitive on that property, AND since they had no warrant to search the place, the woman who resides there has every right to insist they leave, deny them access, tell them nothing, AND to sue for the invasion of her private residence without sufficient grounds.
We do not know the relationship between the fugitive, his co-signer, and this woman, nor whether the woman's address is the one LEA have for the residence of the fugitive. Until THESE facts are established, we cannot make a judgement as to their authority to invade as they did.

Had I been in her shoes, though, I'd have simply not opened the door. Let them bust it down.... IF I were certain MY address is not on record as the fugitive's residence, AND that he was not there. I may well have had a loaded twelvebore pointed in the direction of the door..... kept so until the LEO had properly identified themselves and their grounds for being there. Until then, they are common housebreakers.