Illegal Search and Seizure Caught on Tape

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posted on Jul, 21 2004 @ 01:38 PM
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While being evacuated from his home for a gas leak, Dennis Barger popped a fresh videotape in his hidden surveillence system and when he returned he found that police officers had rummaged through his basement without a warrant..........

Videotape turns up details of police search


The Ypsilanti Police officers under investigation for a questionable search of a house in June were videotaped as they went through the resident's belongings and removed some pictures from the basement without a search warrant.

During the 90-minute search, which was recorded by a video camera installed by the resident, the officers questioned whether they had legal authority to be there as they checked out a tip from firefighters about sex-related material in the house.

Please visit the link provided for the complete story.




posted on Jul, 21 2004 @ 01:49 PM
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Looks like these cops were caught with their hands in the cookie jar. I fear stuff like this happens alot more but they are never caught like this. Good for that guy hidden cameras are a powerful tool.



posted on Jul, 21 2004 @ 01:50 PM
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In theory, anything they find should not be allowed into court, but as we all remember, judges do ignore this part of our civil rights-remember the OJ trial where the cops searched and took evidence for hours before they got a search warrant and worse the evidence was admitted into court.
The government has since wised up and passed a law saying that cops dont need search warrants if they in good faith-what a joke" believe they will find something illegal- this basically negates our constitutional right against unreasonable search and seizure.



posted on Jul, 21 2004 @ 02:16 PM
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You don't need a warrent if they have just cause to think there may be lawlessness going on. A witness says there was material in the house of speculative nature. They checked.

If it is legal, then it will be used, if it is not, then it won't be. There really isn't much of a scandel here.

It doesn't seem like they had much intent to wrongly search, but I could be wrong.



posted on Jul, 21 2004 @ 02:20 PM
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I don't know, the article states the man was evacuated by the FD due to a gas leak, the FD notified the PD and they searched the man's house when he wasn't there. This to me is wrong, it would mean that they could enter your house when nobody was there and search without your consent and I have a BIG problem with that scenario, I don't think this search was anywhere close to being legal but we will have to wait and see what they come up with for an excuse.



posted on Jul, 21 2004 @ 02:47 PM
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Originally posted by mrmonsoon
remember the OJ trial where the cops searched and took evidence for hours before they got a search warrant and worse the evidence was admitted into court.


Learn the law. You're cursory account of the situation shows you don't know the facts of the case and don't know the law. There are legal exemptions for the search warrant statutes, such as coming across a blood trail that leads from Nicole's condo to OJ's estate. This typically falls under the category of "Exigent Circumstances," a type of "emergency situation"(please don't get angry with me, George Carlin). Blood on the premises when related to a recent crime reasonably suggests either a crime victim in the vicinity, or a crime perpetrator.

www.lectlaw.com...



posted on Jul, 21 2004 @ 03:14 PM
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Sex related matterial is a CRIME? ? ?
WTF?

IF WE OUTLAW SEX, ONLY OUTLAWS WILL HAVE CHILDREN.

You do see the ridiculousness of this attitude, don't you?
Will children be used as evidence of the CRIME of sex?



posted on Jul, 21 2004 @ 03:19 PM
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Originally posted by slank


IF WE OUTLAW SEX, ONLY OUTLAWS WILL HAVE CHILDREN.



That's actually pretty witty



posted on Jul, 21 2004 @ 03:35 PM
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Hahahahahaha
OMG! That was great! But I think they meant illegal porn, like kiddies and such, but maybe they didn't. Maybe the FD found a 15" vibrating string of anal beads. Who knows...



posted on Jul, 21 2004 @ 03:41 PM
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I believe that if you call the cops, or admit them into your house for any reason (including you were just burglarized, or you just want them to inspect something in your house), they have the right to search if they see something illegal out in the open...I don't think they could physically open anything up, or go into drawers or anything legally, but if they saw something like drugs sitting out in the open, then that automatically gives them probable cause to search your house. bottom line, don't let any cops into your house or vehicle under any circumstances. exercise your 4th amendment.

[edit on 21-7-2004 by Shoktek]



posted on Jul, 21 2004 @ 03:45 PM
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Originally posted by KrazyJethro
You don't need a warrent if they have just cause to think there may be lawlessness going on. A witness says there was material in the house of speculative nature. They checked.


A random tip on its own isn't enough to warrant a search. Something like this could give the police a "reasonable suspicion" that illegal activity is going on, but not probable cause to conduct a search. They would have had to go through other steps to have the authority to search. However, if the people gave the cops permission to enter his house, it is their fault if they left something in open viewing that was illegal.



posted on Jul, 21 2004 @ 03:48 PM
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Originally posted by Shoktek
I believe that if you call the cops, or admit them into your house for any reason (including you were just burglarized, or you just want them to inspect something in your house), they have the right to search if they see something illegal out in the open...I don't think they could physically open anything up, or go into drawers or anything legally, but if they saw something like drugs sitting out in the open, then that automatically gives them probably cause to search your house. bottom line, don't let any cops into your house or vehicle under any circumstances. exercise your 4th amendment.


The cops entered his house at 4:30 PM , the man left his house a little after 3PM so he did not let them in, the FD went through the evacuated houses to check for gas levels in the homes close to the leak. The FD spotted some of his sex paraphenalia/toys and reported it to the police. So the police entering in this situation was wrong.



posted on Jul, 21 2004 @ 04:05 PM
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Originally posted by JacKatMtn
The cops entered his house at 4:30 PM , the man left his house a little after 3PM so he did not let them in, the FD went through the evacuated houses to check for gas levels in the homes close to the leak. The FD spotted some of his sex paraphenalia/toys and reported it to the police. So the police entering in this situation was wrong.


Yea, it sounds like a difficult decision...I definitely think its wrong, but a judge might not feel the same way. Still, if he had something like child porn in his house, I can't feel that sorry for him...but the principle of the matter is that the search was not justified.



posted on Jul, 21 2004 @ 04:12 PM
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I see Illegall search and seizure EVERYDAY. Here in chicago the detective ride around in unmarked cars all day in the streets. If there are people are on any of the conners just doing anything, they will get out of there cars, turn everyone that is there search them, and I mean shoes off and all. If they see a couple of brothers in a car, it dont have to be a pimped out ride, it can be a hunk. They are being pulled over, thrown out of the cars, searched the car searched, if nothing is found they will send them on there way but if they do find, HIT.



posted on Jul, 21 2004 @ 04:17 PM
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Originally posted by SpittinCobra
I see Illegall search and seizure EVERYDAY. Here in chicago the detective ride around in unmarked cars all day in the streets. If there are people are on any of the conners just doing anything, they will get out of there cars, turn everyone that is there search them, and I mean shoes off and all. If they see a couple of brothers in a car, it dont have to be a pimped out ride, it can be a hunk. They are being pulled over, thrown out of the cars, searched the car searched, if nothing is found they will send them on there way but if they do find, HIT.

That is bigtime wrong also SC, you should have a video camera with you so you can tape this activity, especially if you see it everyday. The police are there to "serve and protect" not to "intimidate and harass"



posted on Jul, 21 2004 @ 04:26 PM
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Originally posted by SpittinCobra
I see Illegall search and seizure EVERYDAY. Here in chicago the detective ride around in unmarked cars all day in the streets. If there are people are on any of the conners just doing anything, they will get out of there cars, turn everyone that is there search them, and I mean shoes off and all. If they see a couple of brothers in a car, it dont have to be a pimped out ride, it can be a hunk. They are being pulled over, thrown out of the cars, searched the car searched, if nothing is found they will send them on there way but if they do find, HIT.


Yep, happened to me less than a week ago. I'm not black, but I am a student, and I was driving with a friend at night...an unmarked car pulled out behind us, flashed the lights, turns out they were pulling me over for not wearing a seatbelt. When I talked to the cop, he asked me to get out of the vehicle, explaining "you and your friend aren't acting the way people normally act when they're pulled over". He then gave me DUI tests, which of course I passed because I wasn't under the influence of anything, than he asked if we had anything illegal in the car, I said "no"...he asked if he could search the car if there was nothing inside, I told him I don't consent to a search. So he got kind of pissed off and started threatening me and outright lying about things. Eventually he just let me go with a seatbelt warning because he knew he couldn't do a damn thing, they only can if you give in to their intimidation tactics. Even after I told him "I dont consent to a search" he was looking around in the front seat with a flashlight briefly before stopping...

Even if you are doing nothing wrong, you should never ever consent to a search, because you are giving up your constitutional rights that protect you from unlawful searches. Once you consent to a search, they can use anything they want against you in court. They don't have a right to look in your car, unless they have a clear probable cause...a seatbelt violation and "acting strange" isn't enough. I didn't have to submit myself to DUI tests either.

Also, I can be almost 100% sure that if an elderly lady had been driving by herself in my car without a seatbelt on, there's no way in hell the cops would have pulled her over. It's just profiling people by race and age, then following them around until they forget to signal, don't stop completely at a stop sign, or if they do anything slightly wrong. Everytime I drive on campus and see people pulled over, it's always students, and most of the time they're black.

[edit on 21-7-2004 by Shoktek]



posted on Jul, 21 2004 @ 04:36 PM
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Kiddie porn i would understand, but anal beads illegal? Perhaps next they will outlaw enemas without a doctor's consent. Are dildos illegal or only ones that vibrate? This just sounds crazy to me. Maybe it was a purple penis, those should be outlawed. (NOT)

Why do people go crazy about sex?

Bush whores out reams of American legislation for hundreds of billions of dollars to corporate America, but all most conservatives can think about is Clinton diddling an of-age intern. People are not sensible or logical. I am baffled.

The religious right must be so sexually frustrated that they become excited at the mere mention of sex. They get their sex juices so backed up their brains don't operate properly.



posted on Jul, 21 2004 @ 04:37 PM
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Here is a true article concerning illegal search and
Seizure in Louisiana. If they can do it there......
look for one coming your way soon!



posted on Jul, 21 2004 @ 04:37 PM
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It happen so often, I have black friends that I kick it with. I Refuse to just hang out, out side. I can play XBOX, go to the mall something.. You can be on the conner, or any part of the street, let them see you. I cant say I have seen to many white people treated like this, unless they are all thuged out. And I dont live no ware close to a bad hood. I have lived in some ba dplaces this is not one of them. THIS HAPPEN EVERY SINGLE DAY.
They will swoop down fast, you dont have to be doing crap. If I did tape it who am I going to give to the cops? HAHA....... I have made threw my life by minding my own....... Maybe if more people new what to look for they can see it also. More eyes open....... Discreption of cars and detectives..... Usally dark chevy capries(sp) with a city tag not everyday person tag. the people, there will be two to three never one, they will have thier vest, no uniform..



posted on Jul, 21 2004 @ 04:45 PM
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Originally posted by Shoktek
. They don't have a right to look in your car, unless they have a clear probable cause...
[edit on 21-7-2004 by Shoktek]


Here, if you tell them no, they will call for the dogs. To see if the dog can pick anything.





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