I agree that the police can come into your house. I do not agree with it. After seeing what happened in N.O. after Katrina and what the ATF did in Waco, I have no doubt they can come in. If you have enough men with guns, you can do whatever you want!!! I still do not like it.gigag04 wrote:I still disagree that the police cannot get inside your home without a warrant...so if you still stand by that statement then - we do not yet see eye to eye on this issue. My comment regarding waiting outside is more of a cover my butt move - I COULD explain why if I walk up to a party and smell weed and then see everyone running around and hear toilets flushing that I had exigent circumstances to search that house immediately. However, it looks better, and makes a tighter case if I pull everyone out and get the warrant.dehalter wrote:gigag04,gigag04 wrote:Even destruction of evidence gets tricky. Usually the officer will get in, get everyone and take them outside , and then make them wait while a warrant is sworn out.
It looks like you see my point now. We must of had a "failure to communicate". At least I get to go outside and wait for a warrant. I have nothing in my house that is illegal (that I know of). My point is one from liberty, freedom and principal. Some people may disagree, that is fine. That is why I like this blog, I get to here from all sides.
Did not know I was getting into a blog with a magistrate!
Have a great day and good weekend!
I fully agree with your reasonable expectation to privacy and protection for unlawful searches and siezures...however other exigent circumstances still exist in case law that will allow me in your house sans warrant.
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Return to “Legal for Police to lie?”
- Thu Apr 22, 2010 9:03 am
- Forum: General Texas CHL Discussion
- Topic: Legal for Police to lie?
- Replies: 67
- Views: 10922
Re: Legal for Police to lie?
- Fri Apr 16, 2010 12:02 pm
- Forum: General Texas CHL Discussion
- Topic: Legal for Police to lie?
- Replies: 67
- Views: 10922
Re: Legal for Police to lie?
gigag04,gigag04 wrote:Even destruction of evidence gets tricky. Usually the officer will get in, get everyone and take them outside , and then make them wait while a warrant is sworn out.
It looks like you see my point now. We must of had a "failure to communicate". At least I get to go outside and wait for a warrant. I have nothing in my house that is illegal (that I know of). My point is one from liberty, freedom and principal. Some people may disagree, that is fine. That is why I like this blog, I get to here from all sides.
Did not know I was getting into a blog with a magistrate!
Have a great day and good weekend!
- Thu Apr 15, 2010 5:40 pm
- Forum: General Texas CHL Discussion
- Topic: Legal for Police to lie?
- Replies: 67
- Views: 10922
Re: Legal for Police to lie?
Here is what I said:gigag04 wrote:I understand you think you do - however, there can be reasons where police can get in your house without a warrant. If you know the laws why do you continue to stand by an incorrect position?dehalter wrote:So I do know the laws and my rights. Again, I will tell it to his "magistrate".
"I know that jack booted thugs can kick my door down and take my guns. I have seen the videos in New Orleans. If an officer knocks and says let me see your guns, my response will always be "Get a warrant". It will not be done with my consent, period. Of course, I will be polite. So I do know the laws and my rights. Again, I will tell it to his "magistrate"".
I stand by above statement. I will not submit to that kind abuse. Again, I will not give permission to come into my house. And I will tell it to his "magistrate". I just hope you are not the magistrate.
So I do not have an "incorrect position". I am only stating what I would do. Now it may get my teeth kicked in, like the little old lady in New Orleans. I realize that. I just hate police states, and will not abide.
Come and take it!!! That is all I can say!!!
- Thu Apr 15, 2010 5:59 am
- Forum: General Texas CHL Discussion
- Topic: Legal for Police to lie?
- Replies: 67
- Views: 10922
Re: Legal for Police to lie?
Hey Annoyed Man,
My rant was not at you either. I am, just a little sensitive about police not knowing the law. I was almost arrested for legally carrying a gun in a state park. The only reason I did not get arrested, is because I happen to be with this LEOs cousin. Since I am good friends with the LEOs cousin, I was able to send him all of the necessary documentation to educate him.
And yes, this camera guy did not help our cause. He was an foot and was looking to cause trouble. Something I would not do. For me it is "Yes officer" and "No officer".
Hey gigag4,
I know that jack booted thugs can kick my door down and take my guns. I have seen the videos in New Orleans. If an officer knocks and says let me see your guns, my response will always be "Get a warrant". It will not be done with my consent, period. Of course, I will be polite. So I do know the laws and my rights. Again, I will tell it to his "magistrate".
My rant was not at you either. I am, just a little sensitive about police not knowing the law. I was almost arrested for legally carrying a gun in a state park. The only reason I did not get arrested, is because I happen to be with this LEOs cousin. Since I am good friends with the LEOs cousin, I was able to send him all of the necessary documentation to educate him.
And yes, this camera guy did not help our cause. He was an foot and was looking to cause trouble. Something I would not do. For me it is "Yes officer" and "No officer".
Hey gigag4,
I know that jack booted thugs can kick my door down and take my guns. I have seen the videos in New Orleans. If an officer knocks and says let me see your guns, my response will always be "Get a warrant". It will not be done with my consent, period. Of course, I will be polite. So I do know the laws and my rights. Again, I will tell it to his "magistrate".
- Tue Apr 13, 2010 1:41 pm
- Forum: General Texas CHL Discussion
- Topic: Legal for Police to lie?
- Replies: 67
- Views: 10922
Re: Legal for Police to lie?
I will not rant, I just will reply to some of what you said:
The cop was not asking to come into the guy's house. He was asking him for ID. World of difference.
My reply:
I consider my wallet part of my "house/personal" property. So, if I am not driving, you cannot look at it, unless I am under arrest. Again, I will gladly tell the judge.
You said:
In this particular case, I try to give the cop the benefit of the doubt. It is true that the cop was wrong about the law, and he let his temper get the best of him and should have just left it alone.
If the cops were correct, they should have arrested him. They did not, as he had the incident on camera. Made them think twice.
You said:
But that said, the cameraman did interject himself into a situation that was clearly none of his business, in a quasi-aggressive manner. He probably lied about the woman who was stopped being his girlfriend. If I were that cop, red lights and flags would have been going off all over the place.
My reply:
Red lights for what? Other than being an ass, he broke no law that I could tell.
You said:
The dude is lucky the cop couldn't pop smoke and call in an airstrike.
My reply:
Sounds like a police state to me?!?!?!
You said:
The videographer picked the fight, deliberately, to elicit the response he wanted to get, to try and make cops look ignorant about the law and bad people.
My reply:
He did prove that they did not know the law. They need to be educated on the law. After-all, they are tasked for enforcing it.
You said:
I look at the sum total of who has done more for the 2nd Amendment in their lives — a guy like Charles Cotton for instance, who has devoted his life to the proper application of political power and infighting within the system to positively affect the rights of gun owners with an actual track record of success; versus a guy like this yahoo who drives around and picks fights with cops for bits of video theater.
My reply:
No argument here. God bless Charles Cotton!!!
The cop was not asking to come into the guy's house. He was asking him for ID. World of difference.
My reply:
I consider my wallet part of my "house/personal" property. So, if I am not driving, you cannot look at it, unless I am under arrest. Again, I will gladly tell the judge.
You said:
In this particular case, I try to give the cop the benefit of the doubt. It is true that the cop was wrong about the law, and he let his temper get the best of him and should have just left it alone.
If the cops were correct, they should have arrested him. They did not, as he had the incident on camera. Made them think twice.
You said:
But that said, the cameraman did interject himself into a situation that was clearly none of his business, in a quasi-aggressive manner. He probably lied about the woman who was stopped being his girlfriend. If I were that cop, red lights and flags would have been going off all over the place.
My reply:
Red lights for what? Other than being an ass, he broke no law that I could tell.
You said:
The dude is lucky the cop couldn't pop smoke and call in an airstrike.
My reply:
Sounds like a police state to me?!?!?!
You said:
The videographer picked the fight, deliberately, to elicit the response he wanted to get, to try and make cops look ignorant about the law and bad people.
My reply:
He did prove that they did not know the law. They need to be educated on the law. After-all, they are tasked for enforcing it.
You said:
I look at the sum total of who has done more for the 2nd Amendment in their lives — a guy like Charles Cotton for instance, who has devoted his life to the proper application of political power and infighting within the system to positively affect the rights of gun owners with an actual track record of success; versus a guy like this yahoo who drives around and picks fights with cops for bits of video theater.
My reply:
No argument here. God bless Charles Cotton!!!
- Tue Apr 13, 2010 8:07 am
- Forum: General Texas CHL Discussion
- Topic: Legal for Police to lie?
- Replies: 67
- Views: 10922
Re: Legal for Police to lie?
Annoyed Man,
I agree with you on most points. I have seen that video about a year ago. I love it. I have shown it to my sons. He probably should have shown his ID. However, I like the defiance of authority. I would have said, "yes I have a firearm, so do you"!
It must be the freedom lover in me. Like Katrina, unless the cops have a warrant, they cannot come into my house and look at my guns. It is the LAW!! I will be happy to tell it to the judge.
I agree with you on most points. I have seen that video about a year ago. I love it. I have shown it to my sons. He probably should have shown his ID. However, I like the defiance of authority. I would have said, "yes I have a firearm, so do you"!
It must be the freedom lover in me. Like Katrina, unless the cops have a warrant, they cannot come into my house and look at my guns. It is the LAW!! I will be happy to tell it to the judge.