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CQBgopher
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Location: WA/MT Joined: Thu Sep 6, 2012 Posts: 8438
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Brehmeyer wrote: So I was wondering if you are giving a search warrant at your house are you allowed to read it beforeyou let the police inside your house or not?
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_________________ "Well, nobody's perfect." ― Osgood Fielding III WTB factory ammo 250 Savage (250-3000) any 375 H&H any 7x57 (7mm Mauser, 275 Rigby) 175's preferred
Last edited by CQBgopher on Tue Jun 10, 2014 9:22 am, edited 1 time in total.
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| Thu Jun 05, 2014 3:58 pm |
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Brehmeyer
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Location: Lacey Joined: Fri Mar 14, 2014 Posts: 204
Real Name: Cody brehmeyer
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But before you let them in arnt you allowed to read it first?
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| Thu Jun 05, 2014 4:33 pm |
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Lew
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Location: Earth Joined: Mon Oct 14, 2013 Posts: 1188
Real Name: Lewy the Deplorable
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Doesn't hurt to ask...or maybe it will. Depends on what the warrant was issued for, I would assume.
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| Thu Jun 05, 2014 4:42 pm |
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SIG556
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Location: Spooning your mom all over Kitsap Joined: Sun Apr 24, 2011 Posts: 5866
Real Name: *Classified*
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Brehmeyer wrote: But before you let them in arnt you allowed to read it first?
Nope. You don't get any say in stopping them, so they aren't going to wait.
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All I get is "Hey! I'm peeing in here!"
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| Thu Jun 05, 2014 4:43 pm |
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cmica
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Location: I-5 /512 Joined: Thu Dec 8, 2011 Posts: 15489
Real Name: chris
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just yell ole ole oskan free
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| Thu Jun 05, 2014 5:16 pm |
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CQBgopher
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Location: WA/MT Joined: Thu Sep 6, 2012 Posts: 8438
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Brehmeyer wrote: But before you let them in arnt you allowed to read it first?
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_________________ "Well, nobody's perfect." ― Osgood Fielding III WTB factory ammo 250 Savage (250-3000) any 375 H&H any 7x57 (7mm Mauser, 275 Rigby) 175's preferred
Last edited by CQBgopher on Tue Jun 10, 2014 9:22 am, edited 1 time in total.
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| Thu Jun 05, 2014 5:22 pm |
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AR15L
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Location: Nampa, Idaho Joined: Thu Mar 17, 2011 Posts: 20125
Real Name: Rick
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| Fri Jun 06, 2014 6:13 am |
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Ops
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Location: Piece/Clallam Joined: Wed Oct 17, 2012 Posts: 10661
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put the baby crib by the front door
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| Fri Jun 06, 2014 7:54 am |
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Brehmeyer
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Location: Lacey Joined: Fri Mar 14, 2014 Posts: 204
Real Name: Cody brehmeyer
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What will the baby crib do? And just to clarify for everyone I haven't had the cops come and present a search warrant it was just one of those random thoughts that pops into your head in the late hours of night lol
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| Fri Jun 06, 2014 8:55 pm |
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golddigger14s
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Location: Faxon, OK Joined: Sat Mar 19, 2011 Posts: 18059
Real Name: Chuck
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Brehmeyer wrote: What will the baby crib do? snip--
Sent from my iPhone using Tapatalk It was sarcasm related to this horrific story: http://www.ajc.com/news/news/breaking-n ... k_homepage
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| Fri Jun 06, 2014 10:01 pm |
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deadshot2
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Location: Marysville, WA Joined: Fri Jul 22, 2011 Posts: 11570
Real Name: Mike
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SIG556 wrote: Brehmeyer wrote: But before you let them in arnt you allowed to read it first?
Nope. You don't get any say in stopping them, so they aren't going to wait. When serving a search warrant the Officers aren't going to allow any delays that could allow evidence to be destroyed in other parts for the house. They'll present you with the warrant and move in to secure the home immediately. Your only recourse is to hire an attorney to challenge the validity of the warrant should they "find" anything or to see if you have grounds to sue if they don't and the warrant was improperly issued. If you read the Fourth Amendment, it only prohibits "Warrantless" search. Once the warrant is issued by a Judge it's "game on". Resist and the "game" can get rough. As for "No-Knock" warrants, they're supposedly reserved for cases where the occupants are believed to be heavily armed, expected to resist, or there is the belief that evidence will be quickly destroyed if the occupants are given the warning of a "Knock". As a general rule, the only people who get search warrants served are those who's actions have become known to the Police and are believed to be illegal. With the exception of mistaken addresses, people who aren't up to no good don't have search warrants served on them.
_________________ "I've learned from the Dog that an afternoon nap is a good thing"
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"For he to-day that sheds his blood with me Shall be my brother" - William Shakespeare
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| Sat Jun 07, 2014 7:32 am |
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glockgirl
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Location: Bellevue Joined: Tue Aug 6, 2013 Posts: 4895
Real Name: Jennifer
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Brehmeyer wrote: But before you let them in arnt you allowed to read it first?
Sent from my iPhone using Tapatalk Per my own attorney, no, you are not going to be given time to read the warrant before the warrant is executed. The officers will hand you the warrant and move right past you into your home (or whatever premises are covered under the warrant). As for "no-knock" warrants, the door will be knocked down without warning, and they will likely come in both the front and back doors...the house I bought and live in was the subject of a "no-knock" warrant execution, carried out by FBI, DEA and local police (the previous owners were housing a known bank robber and drug dealer). Every single door in the house, including interior doors, was knocked off of its hinges; in the case of the back door, the actual frame was destroyed. In addition, with a "no-knock" warrant, you are likely to have flashbangs thrown through your windows; I had to replace all ground floor windows due to this having been done. Got an awesome deal on the house, though.
_________________ "The Constitution shall never be construed to prevent the people of the United States who are peaceable citizens from keeping their own arms." ~ Samuel Adams
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| Sat Jun 07, 2014 8:13 am |
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Brehmeyer
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Location: Lacey Joined: Fri Mar 14, 2014 Posts: 204
Real Name: Cody brehmeyer
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That's great you got a good deal on the house. Gotta get them where you can and idk how well one of those would do at an apartment on the second floor where there is one entry now I'm not saying I want to test that or have that happen which is why I won't house anyone hiding from the law in anyway.now when they hand you the warrant can you ask the cop which part or the premises is to be searched or will they just say tho whole place is to be searched?
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| Sat Jun 07, 2014 8:18 am |
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TechnoWeenie
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Location: Nova Laboratories Joined: Tue Oct 25, 2011 Posts: 19173
Real Name: Johnny 5
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I remember reading case law that said something to the effect that the warrant should be SERVED before entry made onto the premises, where reasonably possible.
I also remember it getting all but ignored because every case using that as a defense said that someone inside the house 'could have been destroying evidence'...
_________________NO DISASSEMBLE!Thomas Paine wrote: "He that would make his own liberty secure, must guard even his enemy from oppression; for if he violates this duty, he establishes a precedent that will reach to himself."
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| Sat Jun 07, 2014 10:00 am |
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deadshot2
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Location: Marysville, WA Joined: Fri Jul 22, 2011 Posts: 11570
Real Name: Mike
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TechnoWeenie wrote: I remember reading case law that said something to the effect that the warrant should be SERVED before entry made onto the premises, where reasonably possible.
That's why the warrant is in the hand that pushes you out of the way if you object. The warrant hits your chest first Why all the concern over Search Warrants? Isn't everyone here "squeaky clean" and "law abiding"? If so why would any agency want to serve a search warrant on your premises????
_________________ "I've learned from the Dog that an afternoon nap is a good thing"
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"For he to-day that sheds his blood with me Shall be my brother" - William Shakespeare
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| Sun Jun 08, 2014 7:47 am |
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