Gunshots at MIT building 32 - Police on Site

[knotquiteawake]

If this happened in your neighborhood would you allow the cops and national guard to search your house without a warrant? Can they do it anyways without a warrant? This is what concerns me about the ongoing search.

I would be tempted to tell the police that I respectfully decline and if the suspect does enter my house I will deposit the suspect's body on the porch for them to pickup if they'd like...

[Dave2]

If this happened in your neighborhood would you allow the cops and national guard to search your house without a warrant? Can they do it anyways without a warrant? This is what concerns me about the ongoing search.

Yeah, I've been wondering the same thing.

[OldCannon]

However, other than if they were hard-core Islamists, why would Chechens bomb the Boston Marathon? A race in Moscow, I would understand. I'm scratching my head for now on this one, though.

Agreed. Most likely, there is something personal in it. A true Chechen attack would have been FAR more "efficient."

[texanjoker]

If this happened in your neighborhood would you allow the cops and national guard to search your house without a warrant? Can they do it anyways without a warrant? This is what concerns me about the ongoing search.

I would be tempted to tell the police that I respectfully decline and if the suspect does enter my house I will deposit the suspect's body on the porch for them to pickup if they'd like...

In a fresh pursuit manhunt of an armed terrorist in a perimeter I am going to say they are coming in whether you like it or not. They have ordered everybody off the streets and need to do a very solid sweep of the area.

[G26ster]

If this happened in your neighborhood would you allow the cops and national guard to search your house without a warrant? Can they do it anyways without a warrant? This is what concerns me about the ongoing search.

I would be tempted to tell the police that I respectfully decline and if the suspect does enter my house I will deposit the suspect's body on the porch for them to pickup if they'd like...

In a fresh pursuit manhunt of an armed terrorist in a perimeter I am going to say they are coming in whether you like it or not. They have ordered everybody off the streets and need to do a very solid sweep of the area.

If the police can conduct a search without warrant, "In a fresh pursuit manhunt of an armed terrorist in a perimeter," what other constitutional rights does the citizen forgo?

[baldeagle]

If this happened in your neighborhood would you allow the cops and national guard to search your house without a warrant? Can they do it anyways without a warrant? This is what concerns me about the ongoing search.

I would be tempted to tell the police that I respectfully decline and if the suspect does enter my house I will deposit the suspect's body on the porch for them to pickup if they'd like...

In a fresh pursuit manhunt of an armed terrorist in a perimeter I am going to say they are coming in whether you like it or not. They have ordered everybody off the streets and need to do a very solid sweep of the area.

If the police can conduct a search without warrant, "In a fresh pursuit manhunt of an armed terrorist in a perimeter," what other constitutional rights does the citizen forgo?

You don't have a constitutional right to refuse entry to an officer who suspects a crime may be in progress or someone may be in danger. You might be standing at the door demanding a warrant because the BG is standing behind the door with a gun to your head.

I would think this comes under the heading of exigent circumstances, and you have no choice to refuse entry. In fact I'd bet if you insisted on a warrant they'd be even more eager to enter. I would step out the front door, thank them for their service and wait for them to clear the house. Then I would re-enter, lock all the doors and windows, load the shotgun and position myself in the best area to prevent the suspect's successful entry into my house.

[G26ster]

If this happened in your neighborhood would you allow the cops and national guard to search your house without a warrant? Can they do it anyways without a warrant? This is what concerns me about the ongoing search.

I would be tempted to tell the police that I respectfully decline and if the suspect does enter my house I will deposit the suspect's body on the porch for them to pickup if they'd like...

In a fresh pursuit manhunt of an armed terrorist in a perimeter I am going to say they are coming in whether you like it or not. They have ordered everybody off the streets and need to do a very solid sweep of the area.

If the police can conduct a search without warrant, "In a fresh pursuit manhunt of an armed terrorist in a perimeter," what other constitutional rights does the citizen forgo?

You don't have a constitutional right to refuse entry to an officer who suspects a crime may be in progress or someone may be in danger. You might be standing at the door demanding a warrant because the BG is standing behind the door with a gun to your head.

I would think this comes under the heading of exigent circumstances, and you have no choice to refuse entry. In fact I'd bet if you insisted on a warrant they'd be even more eager to enter. I would step out the front door, thank them for their service and wait for them to clear the house. Then I would re-enter, lock all the doors and windows, load the shotgun and position myself in the best area to prevent the suspect's successful entry into my house.

I'm not addressing what I would do or you would do. I'm asking if a warrantless search is Constitutional in this situation, what other Constitution rights does the homeowner forgo in this situation? I find it hard to believe that just because a criminal "may be" in my area, that warrantless searches of homes is Constitutional. Using this analogy, if a local 7-11 is robbed in my neighborhood, and the police "believe" the suspect(s) "may be" in the area, the homeowner has lost their 4th Amendment rights to search warrant. And if so, what other rights may be ignored?

[A-R]

Wouldn't normally link to this site for such matters, but it is relevant and timely

http://mobile.slate.com/articles/news_a ... e_for.html" onclick="window.open(this.href);return false;

Important point made (though may be difficult to accept if you're a strict Constitutionalist, as many of us are) - at a certain point, LEOs don't care about 4th Amendment concerns when the bad guy they're after takes precedence. They don't even care if their entry into the house holds up in court - they just want to stop the madness.

After all, an entire city is virtually on lockdown. This is unprecedented. Not saying this necessarily makes it right. Just that it makes it so.

Edited to add: an while IANAL, I'd venture to guess that while a court would sustain an arrest of the bomber based on an involuntary entry/search - I'm sure anything found about the resident would be quickly tossed out on 4A grounds.

[knotquiteawake]

Right, how big of an area does this "exigent circumstances" cover? 1 block of warrantless searches? 2? 3? He COULD be anywhere... I could understand 1 or two houses where they first saw the suspect run towards, but entire city blocks is really uncomfortable.

[A-R]

Right, how big of an area does this "exigent circumstances" cover? 1 block of warrantless searches? 2? 3? He COULD be anywhere... I could understand 1 or two houses where they first saw the suspect run towards, but entire city blocks is really uncomfortable.

Agree. But again, this is unprecedented. And I'm not necessarily condoning, just explaining.

Depends what LE knows. As I understand it they're "tightening the noose" around a specific, definable area. If they search it all and don't find him then he escaped that area where they think he is. But if they DON'T search that entire area thoroughly and he pops up again and kills more people ... it's a lose-lose, but the job still has to be done.

[A-R]

News conference now: they didn't find him (yet) search is over, tac teams leaving, they're done searching door-to-door 20 streets, "limited" search inside homes, now increases state police patrols thru Monday.

[AEA]

Fox news is saying a source reporting there is a suspect "Down" in Watertown.
http://www.foxnews.com/us/2013/04/19/po ... g-suspect/" onclick="window.open(this.href);return false;

[G26ster]

Police had completed their sweep and were allowing residents outside. Shortly afterwards a lady called police to report that a boat in her yard that had been previously swept had bloody clothes and blood on it, and the shed door was open. Police responded and soon shots were fired and suspect was "down." Bomb robot called in to area.

[AEA]

Suspect is alive and moving. He is in the boat and refusing to come out. He is surrounded by LEO's.

[Beiruty]

Suspect is alive and moving. He is in the boat and refusing to come out. He is surrounded by LEO's.

Alive is better than dead. LEO can take 24 hrs and the kid would go to sleep. He would be wakened up with nice new set of wrists wear.