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The incident that this came from, didn't one of those police officers also shoot the homeowner in the back (and kill him) while he tried to ride away on a bicycle? I swore the first time I read about this story, that was how it ended, but I'm not sure. Anyone remember?
All I'm going to say is that I think it is a really bad ruling by the Indian Supreme Court and I have no doubt, giving the implications of the ruling, the dissenting opinions, and the precedent of case law before it that this will be appealed. I certainly don't agree with the ruling at all.
As for Colorado (and I would assume other states as well) there are really specific guidelines that an officer must follow before entering a home without a warrant and in many of those cases a warrant will still be needed.
That's all I have to say on that because I can see already the anti-police BS is already starting, even though probably all the LEO's are gonna be thinking the same thing the non-LEO's are.
I'm probably one of those that would get labeled a "cop basher" around here and even I can see how rulings like this actually make the lives of cops HARDER and not easier.Quote:
Originally Posted by KevDen2005
Well lets hope they're more vocal in their opposition to this ruling. While I agree that the vast majority of cops aren't going to like it any more than we do, there is still always a contingent that sees the constitution as an impediment (and those guys make it that much harder for the good cops).Quote:
...even though probably all the LEO's are gonna be thinking the same thing the non-LEO's are.
I hope people don't take this as an anti cop thread. It's not, it is an anti lawmaker thread. This is a blatant case of lawmakers abusing their power. And wiping their ass with the Constitution.
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Originally Posted by CMP_5.56
I think the implications are even more than that...the branch of government that is supposed to interpret the right or wrong of something acted as a legislature, which is why this needs to go to the US Supreme Court
the ruling is off, but i have to say that the incident that spurred it on was also off.
if the police officer is there to investigate a domestic violence complaint there is no way they are going to take the husbands word that the wife is ok and doesn't need their help.
in that instance i would say the cop is in the right to enter the home.
now no defense against any entry by LEO is way off.
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Originally Posted by rockhound
I see what you are saying and given very little information, the officer could have entered upon exigent circumstances, even if only in the entry way to check the welfare of both parties, then left without causing further problems, but for some reason the court ruled that is was okay for officers to enter no-matter what and if they are wrong just fight it in court later...I disagree with that notion.
In before cop-bashing thread locked.
I came her today to post this crazy story that comes right out of Europe, not something you would expect from an American town or state and I cant believe some of you damn fools, so damn eager to give up another of your liberties.
Amendment 4:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable search or seizure, shall not be violated; and no warrant shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the person or thing to be seized.
This one they are not even sneeking in with some little breach of the 4th that most people are willing to accept, like a dui check point, this is the whole enchilada.
Come the hell on, really, your giving up the 4th amendment.
I wouldn't say anyone is giving it up, it is being taken away from them. We will see how hard the folks from Indiana fight this one.Quote:
Originally Posted by jim02