WaGuns.org

So, a child in your neighborhood is missing.

There is no indication to believe that he is in your backyard (fenced, closed gate), and police officers go into your back yard.

They claim that there were exigent circumstances, and necessitated them entering your property without permission, or application for a warrant.


Agree or disagree?


Go!

If the yard is open they can walk around and look, if they believe the child is in danger even if there is no evidence the child is there. I've seen this happen a lot. Fenced and a closed gate is a tougher case to make. I can ask tomorrow if you like.

Generally they will try and make contact with the resident to let you know what is going on.

If the child is say 16, in good health (ie no mental/developmental issues) and weather is good, also a tougher case to make that child is at risk.

If they have credible reason to believe he may be back there, I would also think they would at least knock on the door first.

Then again, what if he was back there tied up by the homeowner?
Do they want to wait for a warrant? Would you want them to wait for a Warrant?

In your scenario, it sounds like you were implying the homeowners were there and then got the resulting explanation.
Too many unknowns in that "simulation" to make a good judgement call in my opinion.

Just tread this yesterday on someone's Facebook.. about police looking for a missing kid and the entered a yard and shot someone's dog... Is that what this is about....

olydemon wrote:Just tread this yesterday on someone's Facebook.. about police looking for a missing kid and the entered a yard and shot someone's dog... Is that what this is about....

That video was hard to watch.

Unlawful search and seizure does not pertain to land. This includes fenced in yards. It only pertains to home and vehicles.

My child? Yep, I would go door to door if I had too. i think your probing is of the incident on SLC. The cop over reacted and will pay for it. Not with his life but he will be punished along with the city for his actions.

olydemon wrote:Just tread this yesterday on someone's Facebook.. about police looking for a missing kid and the entered a yard and shot someone's dog... Is that what this is about....

Yup, but didn't wanna mention that, as it's not really part of the whole unreasonable search/seizure/trespassing thing.

One thing at a time.

Just like the John Williams incident.

Everyone was debating whether or not the shoot was good, completely ignoring the fact that the stop ITSELF was illegal. There was no legal reason to detain Williams, yet they focus on the shooting and not the illegal stop that spawned the shooting..

I see this in the same light, ignore the dog for the meantime, was the entry and subsequent search legal or not, we can argue about the dog later.

BadKarma wrote:The cop over reacted and will pay for it. Not with his life but he will be punished along with the city for his actions.

You have a lot more faith than I do.

TechnoWeenie wrote:So, a child in your neighborhood is missing.

There is no indication to believe that he is in your backyard (fenced, closed gate), and police officers go into your back yard.

They claim that there were exigent circumstances, and necessitated them entering your property without permission, or application for a warrant.


Agree or disagree?


Go!

I am pretty pro Leo but I have issue with entering a gated/locked yard area. IMHO You need some sort of cause to enter a locked/gated area. If for not other reason that exactly what happened. You put the officer and any resident (human or not) at great risk just entering the property like that.

Most of us carry, many even at home. What is YOUR 1st reaction going to be when you hear someone you are not expecting coming thru your gate or moving in your back yard? How would that officer react for seeing you with a weapon in your hand, if he shot a dog for looking aggresive? Even if you have cause/legal ability to search it is still in best interest to announce before entering a gated area. Gates are to everyones safety..

4th Amendment, Illegal Search, Probable Cause....Ring a bell??

And its not just car and home, it is all property....get Your facts straight and stop giving these rookie thugs a reason or an open invitation...


And was there really a missing Child, or were they scouting the neighborhood for illegal activities....ie Grow Ops, Stolen car, Whatever didn't appear right???? Might want to fact check...That is our job

Whats the difference between a locked gated yard and a locked front door? any at all? Its still locked private property..

Mohawk13 wrote:4th Amendment, Illegal Search, Probable Cause....Ring a bell??

And its not just car and home, it is all property....get Your facts straight and stop giving these rookie thugs a reason or an open invitation...

They're not searching your property looking for evidence of a crime. Missing child is different. If they found drugs or something, they wouldn't be admissible.
Same as if they're looking for a fugitive with just shot someone. They're not searching your property for evidence that you committed a crime, they're keeping the peace. But locked gate, I'd need to check. I am thinking that is different than an open yard because access is controlled.

Mohawk13 wrote:4th Amendment, Illegal Search, Probable Cause....Ring a bell??

And its not just car and home, it is all property....get Your facts straight and stop giving these rookie thugs a reason or an open invitation...


And was there really a missing Child, or were they scouting the neighborhood for illegal activities....ie Grow Ops, Stolen car, Whatever didn't appear right???? Might want to fact check...That is our job

The fourth amendment states "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".

This does not include land, it has been fought and people have lost this battle many times in court. I am not saying it is right, I am stating the facts.

For the record, the missing kid was later found in his house...hiding under a box and some blankets. So I'm also concerned about the intelligence level of the parents and the police who failed to find him in such a piss poor hiding spot.