Home Main Category Personal Defense

guns in my local news

QuinianQuinian Senior MemberPosts: 707 Senior Member
http://billingsgazette.com/news/local/crime-and-courts/billings-police-investigate-heights-shooting/article_be1e86d7-3586-5cce-9807-5d6753c76882.html

What I don't get is why in the world are the cops searching the house that was broken into? If my house just got robbed last thing I want is a buncha cops tossing my house on top of what's already happend


"Late Monday, officers were still on the scene awaiting a warrant to search the trailer house. Even though the resident was cooperating with the police, Conrad said, experience has shown that it is usually best to obtain a search warrant in order to avoid possible procedural problems"

Replies

  • wolf049wolf049 Member WashingtonPosts: 217 Member
    Yeap, It would be interesting to know what they are looking for.
    "To preserve liberty, it is essential that the whole body of the people always possess arms, and be taught alike, especially when young, how to use them."
    - Richard Henry Lee
  • bullsi1911bullsi1911 Moderator Posts: 12,313 Senior Member
    They need to investigate the shooting. Make sure it happened as reported. To do that, they need access to the scene.
    To make something simple is a thousand times more difficult than to make something complex.
    -Mikhail Kalashnikov
  • DoctorWhoDoctorWho Senior Member Posts: 9,496 Senior Member
    If the resident signs a consent to search, a search warrant is not needed, however if criminal activity is suspect, then a warrant is called for.

    Edited to add: there is no such thing as a "blanket warrant" for a Judge to issue a search warrant, on oath or affirmation of things to be searched for, specific violations of law, and these warrants are not issued without real cause.

    A LEO has to show a Judge bonafide reason ie drugs are being sold, witnessed by a LEO or other reliable sources.

    After a shooting, no warrant is needed to investigate a crime scene, exigent circumstances, such as cries for help and fire / smoke from a premises do not require a warrant to enter.

    That does not give a right to search or rummage through personal belongings, only if something illegal is in plain sight of the responding LEOs.

    When responding LEOs spot evidence of a crime or criminal activity during a routine visit, they can request a search warrant on oath that they had enough visual evidence to warrant a proper search to seize evidence in connection with a crime.

    However, if I were the Judge, I would not issue said warrant without true probable cause, or sponsor a "fishing expedition" nor would I encourage trampling peoples constitutional rights by LEOs.
    "There is some evil in all of us, Doctor, even you, the Valeyard is an amalgamation of the darker sides of your nature, somewhere between your twelfth and final incarnation, and I may say, you do not improve with age. Founding member of the G&A forum since 1996
  • JasonMPDJasonMPD Senior Member Posts: 6,583 Senior Member
    Quinian wrote: »
    What I don't get is why in the world are the cops searching the house that was broken into? If my house just got robbed last thing I want is a buncha cops tossing my house on top of what's already happend

    Criminal behavioral profiles work country-wide...

    I'll just be frank. I think it is drug-related and I'm not even there. And I'll wager the local LEOs think it is drug related, too. If that is the case, the search warrant is prudent to mitigate collecting fruit of the poisonous tree in the even the "victim" is actually in possession of narcotics. If they search the house with the homeowner's permission and find drugs, they may not have PC to do anything with it because the original scope of their search was limited to evidence of a robbery, not drug activity.

    However, if local LE knows this residence to be a drug-trafficking area, they may try to articulate in the warrant the search for not only evidence of a robbery, but other evidence to un-found the allegations of the victim if they know them to have a drug history or other such thing. Who knows?

    It's complicated and you don't have the whole story. Civilians just don't get it sometimes.

    -Jason
    “There are three kinds of men. The one that learns by reading. The few who learn by observation. The rest of them have to pee on the electric fence for themselves.” – Will Rogers
  • JasonMPDJasonMPD Senior Member Posts: 6,583 Senior Member
    knitepoet wrote: »
    Yep, we should all just be good little sheep and do as the shepherd (LEO/gov't) tells us

    If they have a warrant, then yes.
    “There are three kinds of men. The one that learns by reading. The few who learn by observation. The rest of them have to pee on the electric fence for themselves.” – Will Rogers
  • tennmiketennmike Senior Member Under a logPosts: 27,457 Senior Member
    JasonMPD wrote: »
    Criminal behavioral profiles work country-wide...

    I'll just be frank. I think it is drug-related and I'm not even there. And I'll wager the local LEOs think it is drug related, too. If that is the case, the search warrant is prudent to mitigate collecting fruit of the poisonous tree in the even the "victim" is actually in possession of narcotics. If they search the house with the homeowner's permission and find drugs, they may not have PC to do anything with it because the original scope of their search was limited to evidence of a robbery, not drug activity.

    However, if local LE knows this residence to be a drug-trafficking area, they may try to articulate in the warrant the search for not only evidence of a robbery, but other evidence to un-found the allegations of the victim if they know them to have a drug history or other such thing. Who knows?

    It's complicated and you don't have the whole story. Civilians just don't get it sometimes.

    -Jason

    So you're saying that they need to get a warrant to go on a fishing expedition?
      I refuse to answer that question on the grounds that I don't know the answer”
    ― Douglas Adams
  • DoctorWhoDoctorWho Senior Member Posts: 9,496 Senior Member
    tennmike wrote: »
    So you're saying that they need to get a warrant to go on a fishing expedition?

    No judge will issue a search warrant on those grounds.

    Edited to add, as a judge, and as much as I subscribe to lawn order, if they asked Me for a search warrant based on loose stool evidence, or violating civil rights to go on a fishing expedition, I would tell said LEOs to go pound sand.
    "There is some evil in all of us, Doctor, even you, the Valeyard is an amalgamation of the darker sides of your nature, somewhere between your twelfth and final incarnation, and I may say, you do not improve with age. Founding member of the G&A forum since 1996
  • JasonMPDJasonMPD Senior Member Posts: 6,583 Senior Member
    tennmike wrote: »
    So you're saying that they need to get a warrant to go on a fishing expedition?

    They would, but they won't get it. A search warrant requires specific probable cause. If they did not see/buy drugs in/from the house prior to asking for a SW to look for more, the will get denied for that SW faster than they could call the judge.
    DoctorWho wrote: »
    ...if they asked Me for a search warrant based on loose stool evidence, or violating civil rights to go on a fishing expedition, I would tell said LEOs to go pound sand.

    As you should. As someone who lives in a private home I would not want the cops kicking in my door to go fishing. Likewise, as a LEO, I would not want the same for reasons of destroying a case due to 4A violations.
    “There are three kinds of men. The one that learns by reading. The few who learn by observation. The rest of them have to pee on the electric fence for themselves.” – Will Rogers
Sign In or Register to comment.
Magazine Cover

GET THE MAGAZINE Subscribe & Save

Temporary Price Reduction

SUBSCRIBE NOW

Give a Gift   |   Subscriber Services

PREVIEW THIS MONTH'S ISSUE

GET THE NEWSLETTER Join the List and Never Miss a Thing.

Get the top Guns & Ammo stories delivered right to your inbox every week.

Advertisement