Loud sex enough for cops to search your home, court rules, page 1
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Topic started on 16-3-2010 @ 05:26 PM by ProtoplasmicTraveler

Loud sex enough for cops to search your home, court rules


rawstory.com
For Brian McGacken of Farmingdale, New Jersey, an evening of loud sex resulted in a 10-year prison sentence for growing marijuana.

On Feb. 17, 2007, New Jersey state troopers arrived at McGacken's home, responding to an anonymous 911 call complaining of screams coming from McGacken's home. McGacken explained the noise was a bout of loud sex; his girlfriend appeared at the front door and corroborated his claim.
(visit the link for the full news article)


reply posted on 16-3-2010 @ 05:28 PM by Ventessa
reply to post by ProtoplasmicTraveler



Good thing I don't do anything illegal....

smiley faces don't count as a second line...sorry. (second line)



Mod Note: One Line and Short Posts – Please Review This Link.

[edit on Tue Mar 16 2010 by DontTreadOnMe]

[edit on 16-3-2010 by Ventessa]



reply posted on 16-3-2010 @ 05:46 PM by jam321
reply to post by ProtoplasmicTraveler



This latest bit of constitutional desecration comes to us from New Jersey where two lovers enjoying some obviously heated moments of passion find the Gestapo at their door.


Would you feel the same if the cops had found a young kidnapped girl upstairs?

This is a difficult one. I believe if I was a cop, I would ask to look inside just to be on the safe side.

Furthermore, it is hard to distinguish between what we read and what actually went down. Maybe when the couple said they were making love, they came across as if they were hiding something.

[edit on 16-3-2010 by jam321]


reply posted on 16-3-2010 @ 05:51 PM by SyphonX
reply to post by jam321



There is sex in nearly every home, and a lot of people are loud during it.

To say that cops should be able to use exigent circumstances for hearing "sex-like screams", to avoid warrants, and to enter homes, is patently absurd. I don't care how paranoid you want to be, you're not going to find a kidnapped girl, ever.

The odds of randomly finding a kidnapped person in a random home encounter is beyond phenomenal. It is complete BS to use this as an excuse.

Originally posted by jam321
Furthermore, it is hard to distinguish between what we read and what actually went home. Maybe when the couple said they were making love, they came across as if they were hiding something.


"Coming across like you are hiding something" does not give any officer the right to enter private property. I'm tired of people coming on this site and accusing everyone of being paranoid, yet we have instances such as this, where authorities and their supporters will use the most ridiculously paranoid approach to "allow and excuse" an outlandish law.



[edit on 16-3-2010 by SyphonX]


reply posted on 16-3-2010 @ 06:05 PM by ProtoplasmicTraveler
reply to post by jam321





Would you feel the same if the cops had found a young kidnapped girl upstairs?


Flag on the play...

Emotional manipulation 10 ATS Points and loss of post.

Ouch that has to hurt Dick Enberg!

Lets throw some more hypotheticals in there "Would I have said the same thing if Osoma Bin Laden was found upstairs"

You bet your constitution trashing life I would.

Why is it so many people have this strange propensity to justify living in a state of fear by imagining every fear to be so real as to justify any and every excess of authority?

Would I have still said this if their upstairs toilet was backed up, flooding and threatened to wipe out all of Camden?

Yes I sure would.


reply posted on 16-3-2010 @ 06:07 PM by jam321
reply to post by SyphonX



"Coming across like you are hiding something" does not give any officer the right to enter private property.


Never said it did. Read the article again. The guy never told them to get a search warrant. Never told them to stay outside.

To say that cops should be able to use exigent circumstances for hearing "sex-like screams", to avoid warrants, and to enter homes, is patently absurd.


Never said that either.

Here is what I said.
I would ask to look inside just to be on the safe side.


Notice the word "ASK". Never said I would bust the door down. Nor do I think cops should.


reply posted on 16-3-2010 @ 06:17 PM by ProtoplasmicTraveler
Originally posted by LadySkadi
Dude should have told the cops to come back with a warrant

and go back to his girlfriend - and be even louder during round 2

why did he let them in?

Sux for him


He should have pre-negotiated the scope of the search. If they were concerned about others being in the house under captivity or duress he should have made the Officers sign a quid pro quo agreement allowing them to search the home but only for those things.

They could have confiscated the Marijuana if it was in plain site but they could not have charged him.

Chances are the Warrant would have limited the search in a similar way so the cops would have been happy to take that deal if they were truly interested in just seeing that the home was a secure and safe environment for anyone inside.

However without a legitimate complainant they really had no grounds to search the home. At most the neighbor could have claimed noise ordinances were being exceeded which is hard to measure the decibel level of and certainly doesn’t warrant a search of the home.

Had he refused to let them search the house chances are that they would have just waited outside the house for the warrant prohibiting him from removing anything from the house?

Chances are who ever called in the complaint shared another few choice tidbits with the police to arouse their suspicion…”And he drives a motor cycle and has tattoos and his eyes are always red and his sheep are always scared!”.

I hope that this guy takes this to an appellate court and all the way up the line to the Supreme Court if need be.

This is not right!


reply posted on 16-3-2010 @ 06:20 PM by ProtoplasmicTraveler
reply to post by RestingInPieces





I don't see this story as having anything to do with sex.

It has to do with loud screaming coming from inside of a house.



Well I can't speak for everyone's sex life but you wouldn't think religion has anything to do with sex either...

Yet when ever I find myself in such situations the other person ends up screaming " OH GOD, OH GOD, OH MY GOD" a lot.

So since we are technically supposed to have seperation of Church and State...
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