Ok, in light of recent events in Boston, the topic of discussion on another forum I'm on regards police/SWAT entry in search of terrorist activity. In general, I don't like police overstepping their bounds, and I would refuse an entry in normal circumstances. Now, with current hobbies I have in my house, I would really have a good reason to refuse. So what about in times of terrorist activities? I personally don't think I'd have a choice, especially if they declared marshall law, but.... say they come in and poke around looking for a suspect/fugitive, and they find your grow. Do you think they really care? Would they come back later and bust your ass? Thoughts? GTWT :XXhippylove:
1. In such a case as the Boston shit, if they suspected you had anything or anyone in your house related to the case they can come in. That is not marshal law, that is probable cause for search and they don't need a warrant for that. 2. As for finding the grow and what they would do? Legally they could bust you in a non-friendly state, but it would mainly depend on the officers who do the search and the DA. Again though, in a case like Boston's, they probably wouldn't spend the time to write you up unless you had some major shit going on. And if they leave and come back, there won't be any evidence for them to take.
If the cops are going door to door searching for a suspect I'm not so sure that you'd have to let them in. I'm no lawyer but I'm for damn sure goin got contact a couple of local firms & see what they have to say on this with reguard to 4th amendment rights.
My guess is you'd be fucked unless you could afford to hire a very competent criminal defense lawyer.
I thought of this exact same scenario I am almost assure you that in the case of the Boston Terrorist they would say FUCK IT and leave you alone. That was an unprecedented scene in Boston and I know they didn't waste ANY manpower to write people up for anything. If the news cameras had caught someone being arrested for something other than housing the terrorist people would hae been in an uproar. I bet they saw MANY grows. Passed them by I would assume
As much as I'd like that to be true, nugg, it's not the case. They entered one house where a couple of the folks had outstanding warrants, and went back later and arrested them. THAT pisses me off. GTWT :XXhippylove:
Here's the best explanation I've found, although, I strongly disagree with the authors final conclusion about law enforcement having better things to do. The bulk of the officers/agents involved were nowhere near the real action and had nothing better to do than tensely sit and wait for orders while ruminating on their own experiences of the day. No cop I've ever met anywhere ever forgets a felony perp that is waiting to be plucked. Might not happen right away...but you're marked as low hanging fruit to be gathered later. http://www.slate.com/articles/news_and_politics/explainer/2013/04/boston_bomber_manhunt_is_the_watertown_door_to_door_search_by_police_for.html Why the door-to-door manhunt for Dzhokhar Tsarnaev doesn’t violate the Constitution. Residents watch as police officers search house to house for the second suspect in the Boston Marathon bombings in a neighborhood of Watertown, Mass., on Friday. Photo by Brian Snyder/Reuters SWAT teams descended on the Boston suburb of Watertown on Friday morning to conduct a door-to-door search for the Boston Marathon bombing suspect left alive after a convenience store robbery, car chase, and shootout Thursday night. Is it legal for the police to search your house without a warrant? It can be. Under the Fourth Amendment, a judge issues a warrant if police can demonstrate that a search is “reasonable”—that there is “probable cause” to investigate a house, car, or backyard for evidence. But there are plenty of circumstances under which police can perform searches without invoking probable cause. If you consent to a police search, officers do not need a warrant to enter your home. If you have a housemate, he or she can allow the police to rummage through common areas, such as the living room or the kitchen, but not private areas, such as your closet or bedroom. In exigent circumstances, or emergency situations, police can conduct warrantless searches to protect public safety. This exception to the Fourth Amendment’s probable cause requirement normally addresses situations of “hot pursuit,” in which an escaping suspect is tracked to a private home. But it might also apply to the events unfolding in Boston if further harm or injury might be supposed to occur in the time it takes to secure a warrant. A bomber believed to be armed and planning more violence would almost certainly meet such prerequisites. Furthermore, police may enter a private residence to provide emergency assistance to an occupant—which may include apprehending a suspected terrorist who also happens to be inside. And if they plan to make an arrest in someone’s home, they can undertake a “protective sweep” of the dwelling first to confirm that no weapons or accomplices are stashed away where they can do damage later. Should these justifications fail, the police could also just conduct a search that violates the Fourth Amendment, knowing that whatever evidence they turn up might not be admissible in court. If their first priority is securing public safety, such a bargain doesn’t seem too awful. Bonus Explainer: What if the cops are searching my house for bombers and they find a brick of cocaine on my coffee table? You’re in trouble. According to the “plain view” doctrine, if police already have a right to be in your house and they notice evidence of a crime, they are entitled to seize that evidence for use against you in court. Of course, the SWAT teams searching for Dzhokhar Tsarnaev probably have more on their minds right now than illegal drug use. Explainer thanks Kevin Cole of the University of San Diego School of Law.
ofo, NO!!! You can't tell a lawyer that you committing or going to commit a crime. They are officers of the court and HAVE to let LEO know if a crime is being or will be committed. Res, oh yeah, we heard a LOT about what they can do in cases like this and "for public safety" and that pretty much means anything they want. A small grow PROBABLY would be overlooked. I can say with almost all certainty that you would be by-passed at the time they're searching for a person that just exchanged over 200 rounds of bullets with them and were throwing pipe bombs at them. BUT you better have that shit GONE when they come back. A brick of coke or herion would get you bagged on the spot. All they'd have to do is leave on cop in there with you and when the camera's are further down the street, they'd drag your ass out. Mostly for being stupid enough for keeping it out knowing that they were going door-to-door. I don't know about elsewhere but around here all we saw 24 hours a day was coverage of the mess happening.
