Does Stand Your Ground Apply

[Ban Hammer 13,404]

These wanna be American Heroes crack me up. Any Cop would have a field day with someone like slim. My brother tells me about these clowns all the time. They get all chest pumpin with the cops telling them about their constitutional rights. And then they happen to fall down the stairs and bang their heads on their way to booking.

so, it's funny that their civil rights are violated by this "fall down the stairs"

[Teddy B 17,252]

Slim, you may want to read this, it could save you a lot of headaches in the future.

Exigent circumstance in United States law

From Wikipedia, the free encyclopedia

Jump to: navigation, search

An exigent circumstance, in the American law of criminal procedure, allows law enforcement to enter a structure without a search warrant, or if they have a "knock and announce" warrant, without knocking and waiting for refusal under certain circumstances. It must be a situation where people are in imminent danger, evidence faces imminent destruction, or a suspect will escape.

In the criminal procedure context, exigent circumstance means:

Exigent circumstances may make a warrantless search constitutional if probable cause exists. The existence of exigent circumstances is a mixed question of law and fact.^[3] There is no absolute test for determining if exigent circumstances exist, but general factors have been identified. These include: clear evidence of probable cause; the seriousness of the offense and likelihood of destruction of evidence; limitations on the search to minimize the intrusion only to preventing destruction of evidence; and clear indications of exigency.

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.^[2]

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.^[1]

Exigency may be determined by: degree of urgency involved; amount of time needed to get a search warrant; whether evidence is about to be removed or destroyed; danger at the site; knowledge of the suspect that police are on his or her trail; and/or ready destructibility of the evidence.^[4] In determining the time necessary to obtain a warrant, a telephonic warrant should be considered. As electronic data may be altered or eradicated in seconds, in a factually compelling case the doctrine of exigent circumstances will support a warrantless seizure.

Even in exigent circumstances, while a warrantless seizure may be permitted, a subsequent warrant to search may still be necessary.^[5]

http://en.wikipedia.org/wiki/Exigent_circumstance_in_United_States_law

Edited July 30, 2013 by Teddy B

[slim 1,530]

Whats an emergency about a reported argument?

[Teddy B 17,252]

Whats an emergency about a reported argument?

The reported argument was between a man and a woman, when the cops show up at the residence and only the man appears, the cops are well within their rights to suspect the woman might be hurt and inside the home and have the right to search it.

Are you being purposely obtuse or do you really live in this make believe world?

Edited July 30, 2013 by Teddy B

[Teddy B 17,252]

so, it's funny that their civil rights are violated by this "fall down the stairs"

In these cases of blowhards that think they know their rights and get in cops faces about it, most definitely yes.

[Penny Lane 8,159]

The reported argument was between a man and a woman, when the cops show up at the residence and only the man appears, the cops are well within their rights to suspect the woman might be hurt and inside the home and have the right to search it.

Are you being purposely obtuse or do you really live in this make believe world?

Thank you. That's exactly what they suspected, based on the questions they asked me over the phone. It's not their fault the neighbors exaggerated whatever they told them.

[Jacque67 7,328]

The reported argument was between a man and a woman, when the cops show up at the residence and only the man appears, the cops are well within their rights to suspect the woman might be hurt and inside the home and have the right to search it.

Are you being purposely obtuse or do you really live in this make believe world?

He is Gary's son and he will claim you are his "straight man" - lol

[Ban Hammer 13,404]

In these cases of blowhards that think they know their rights and get in cops faces about it, most definitely yes.

so police brutality is warranted?

[Teddy B 17,252]

He is Gary's son and he will claim you are his "straight man" - lol

At least I'm not a "fluffer".

so police brutality is warranted?

No, but it is pretty darn funny sometimes.

[Jacque67 7,328]

so police brutality is warranted?

Isn't all brutality warranted as long as the good guys are doing it？

i have been hanging around all day with my feather duster, to no avail- sigh!

[slim 1,530]

Thank you. That's exactly what they suspected, based on the questions they asked me over the phone. It's not their fault the neighbors exaggerated whatever they told them.

So your neighbors have the power to set aside your 4th Amendment rights as long as they work with the police?

[Teddy B 17,252]

So your neighbors have the power to set aside your 4th Amendment rights as long as they work with the police?

You're just being a fool now. I'm done.

[Penny Lane 8,159]

So your neighbors have the power to set aside your 4th Amendment rights as long as they work with the police?

My neighbors didn't know I didn't live there. They heard an argument, thought it was over the top enough to call the cops about .. and the cops show up and there's only one person there. It's natural and expected for them to think something might be wrong.

I would rather them search than not search in that situation. Because while I was not there, and definitely not in any danger, the next woman might be. And I'd hope they'd look for her and make sure she's alright.

[Teddy B 17,252]

My neighbors didn't know I didn't live there. They heard an argument, thought it was over the top enough to call the cops about .. and the cops show up and there's only one person there. It's natural and expected for them to think something might be wrong.

I would rather them search than not search in that situation. Because while I was not there, and definitely not in any danger, the next woman might be. And I'd hope they'd look for her and make sure she's alright.

Slim's imaginary rights are more important than the safety of any woman.

Edited July 30, 2013 by Teddy B

[Penny Lane 8,159]

Ah, yes. Of course. #### the police.