What is the legal authority?

[Pokagon]

The Boston situation has me wondering, what was the legal authority that allowed law enforcement officers to order people out of there homes so the home could be searched? Does anyone know?

 

[Double T]

There was no legal authority. They had guns, the victims did not.

 

[johnny45]

"Legal' plunder.

The first casualty of war is truth.

 

[Kirk Freeman]

Cool, yes, let's post the statute so we can all look at it.

 

[mbills2223]

Cool, yes, let's post the statute so we can all look at it.

 

[Pokagon]

Well that's what I'm trying to figure out.

Was it a case law enforcement agencies thinking 'this is an emergency and we'll do whatever we have to now and think about it later'? Have we gotten to that?

Or was a legal process followed, like perhaps a governor or mayor declared martial law (if a mayor can do that)?

 

[iamaclone45]

In the interest of national security. Duhhhh

 

[HotD]

Are you thinking of Exigent Circumstances?

"...An emergency situation requiring swift action to prevent imminent danger to life or serious damage to property, or to forestall the imminent escape of a suspect, or destruction of evidence. There is no ready litmus test for determining whether such circumstances exist, and in each case the extraordinary situation must be measured by the facts known by officials..." - People v. Ramey, 545 P.2d 1333,1341 (Cal. 1976)

"...Those circumstances that would cause a reasonable person to believe that entry (or other relevant prompt action) was necessary to prevent physical harm to the officers or other persons, the destruction of relevant evidence, the escape of a suspect, or some other consequence improperly frustrating legitimate law enforcement efforts..." - United States v. McConney, 728 F. 2d 1195, 1199 (9th Cir.), cert. denied, 469 U.S. 824 (1984)

 

[Double T]

Are you thinking of Exigent Circumstances?

They didn't see the guy "flee" into this neighborhood though did they? They created a perimeter and searched.

I believe that falls outside of "exigent circumstance".

IMO that's like a person OWI and running into a house, police follow into the home, and bust open a bathroom door as the toilet is flushing.

 

[Frank_N_Stein]

IMO that's like a person OWI and running into a house, police follow into the home, and bust open a bathroom door as the toilet is flushing.

Chasing someone into a home is an exigent circumstance.

 

[Pokagon]

Are you thinking of Exigent Circumstances?

Thanks, HotD. I don't know enough law to have been thinking of Exigent Circumstances, but that is the kind of response I am hoping to bring up.

I guess there is some doubt as to whether the Boston situation meets the standard for exigent circumstances ... is that something each law officer decides?

And could a political figure overrule?

 

[Lock load]

I would like to know if they kicked in doors of homes where nobody was there or didn't answer the door.

 

[Pokagon]

I would like to know if they kicked in doors of homes where nobody was there or didn't answer the door.

Good question.

 

[Double T]

Chasing someone into a home is an exigent circumstance.

That's what I was trying to express. Two differing circumstances

 

[johnny45]

Pitty the deaf man who works nights, rests days, misses the "late breaking news" and attempts to defend his abode against a "knocker" breeching his home at gunpoint.

 

[HotD]

Well that's what I'm trying to figure out.

Was it a case law enforcement agencies thinking 'this is an emergency and we'll do whatever we have to now and think about it later'? Have we gotten to that?

Or was a legal process followed, like perhaps a governor or mayor declared martial law (if a mayor can do that)?

They didn't see the guy "flee" into this neighborhood though did they? They created a perimeter and searched.

I believe that falls outside of "exigent circumstance".

IMO that's like a person OWI and running into a house, police follow into the home, and bust open a bathroom door as the toilet is flushing.

I was merely responding to the OP's question. I wasn't attempting to solve the issue.

 

[Pokagon]

I was merely responding to the OP's question. I wasn't attempting to solve the issue.

And the OP appreciates your response.

Do you know, HotD, if a mayor or governor could overrule the law enforcement and say that law enforcement has to get warrants in this situation?

 

[Double T]

And the OP appreciates your response.

Do you know, HotD, if a mayor or governor could overrule the law enforcement and say that law enforcement has to get warrants in this situation?

I think for it to be remotely constitutional, a declaration of emergency has to be made and signed.

 

[Bunnykid68]

How does a guy thats been here 3 days get maxed out on rep

 

[Smokepole]

How does a guy thats been here 3 days get maxed out on rep

Spends LOTS of time in a Rep Pyramid and people just rep him for the heck of it.

Unless he hijacked someones profile.