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Quinian
Senior MemberPosts: 707 Senior Member
guns in my local news
Quinian
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"
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
- Richard Henry Lee
-Mikhail Kalashnikov
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.
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
If they have a warrant, then yes.
So you're saying that they need to get a warrant to go on a fishing expedition?
― Douglas Adams
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.
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.
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.