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We believe however that a right to resist an unlawful police entry into a home is against public policy and is incompatible with modern Fourth Amendment jurisprudence.
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
and goes on to say:
But the common law rule supporting a citizen‘s right to resist unlawful entry into her home rests on a very different ground, namely, the Fourth Amendment to the United States Constitution.
In my view it is breathtaking that the majority deems it appropriate or even necessary to erode this constitutional protection based on a rationale addressing much different policy considerations. There is simply no reason to abrogate the common law right of a citizen to resist the unlawful police entry into his or her home.
In my view it is breathtaking that the majority deems it appropriate or even necessary to erode this constitutional protection based on a rationale addressing much different policy considerations. There is simply no reason to abrogate the common law right of a citizen to resist the unlawful police entry into his or her home.
Originally posted by EssenceOfSilence
reply to post by violence=answer
The war needs to be at the voting booth. We have to quit electing folks that just want the job for the power, and elect some officials that know its time to do the hard things and get the country back to its roots. It took many years to get us where we are now, and it wont be fast to get back, but it all starts at the polls.
Originally posted by g146541
reply to post by EssenceOfSilence
Ummm, this was not an unlawful entry.
Even though the media article says so.
The police went to investigate a domestic disturbance and the male occupant would not allow entry.
Seems suspicious, and there is much more i would like to know but, if "Scare em all Al Jines" says so....
People stop watching Al, all you get out of it is propaganda and fear.
Originally posted by g146541
Ummm, this was not an unlawful entry.
Even though the media article says so.
The police went to investigate a domestic disturbance and the male occupant would not allow entry.
Seems suspicious, and there is much more i would like to know but, if "Scare em all Al Jines" says so....
People stop watching Al, all you get out of it is propaganda and fear.
Originally posted by ownbestenemy
reply to post by Xcathdra
And that is why I contend in a very similar thread regarding the same topic that the officers on scene botched this and I am very surprised the defense in the original trial didn't bring it up.
Both parties were outside at one point. They knew the call was a 'domestic disturbance'. That stated, why didn't they handle it at that point?
Originally posted by MockedUnicorn
Originally posted by EssenceOfSilence
reply to post by violence=answer
The war needs to be at the voting booth. We have to quit electing folks that just want the job for the power, and elect some officials that know its time to do the hard things and get the country back to its roots. It took many years to get us where we are now, and it wont be fast to get back, but it all starts at the polls.
Ha! Yeah, right.
Voting booth. Thats how things get changed for the better. Countries gain independence and citizens gain freedom because they all get together and check tally marks on slips of paper.
We dont live in that world anymore. Youre arguing using nostalgia from a time decades ago.
Originally posted by Xcathdra
If the fight between the 2 was loud / vuiolent enough to have a 3rd party call the police, then logic would suggest that another blowup is a possibility.
By allowing them to be in the house together without the officers present, its not out of the realm of possibility for a physical fightt to break out again, or worse the situation could escalate to the death of one of the parties involved.
Exigent Circumstances
There are also "exigent circumstances" exceptions to the warrant requirement. Exigent circumstances arise when the law enforcement officers have reasonable grounds to believe that there is an immediate need to protect their lives, the lives of others, their property, or that of others, the search is not motivated by an intent to arrest and seize evidence, and there is some reasonable basis, to associate an emergency with the area or place to be searched.[65]