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by srothstein
Mon Dec 09, 2013 6:56 pm
Forum: LEO Contacts & Bloopers
Topic: Would this be legal in Texas?
Replies: 34
Views: 6633

Re: Would this be legal in Texas?

Unlike, GigAg04, I did read the replies first. It is more interesting that way. But my answer is still the same. This is not legal behavior anywhere in the country since obtaining permission by threat is coercion. SCOTUS has long held that this voids any consent given.

The hot pursuit argument is not quite as clear, but from the description, it is clear to me that they were not in hot pursuit. I agree with WildBill that it is not necessarily the clear cut case of the guy was running and I saw him enter the house, but it is almost as close. For example, if I am searching for a robber for the first 30 minutes after he committed the crime, I can enter a lot of places in hot pursuit if I can show a valid reason for me to think he went in there, such as a jacket and hat on a porch. It does not have to prove the person went in, but should be a strong indication. The longer from the crime or the person being last seen, and the further from the crime scene, the harder this is.

I will say that this seems like a really poor choice of person to threaten like that. I don't recommend threatening or bullying anyone into giving consent, but a lawyer seems like a particularly bad choice for that activity. Even if he is not a criminal lawyer, he probably had some constitutional law classes and he knows how to look it up later for the lawsuit he wants to file.

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