tag:blogger.com,1999:blog-6777766.post8344910792819283258..comments2023-10-21T07:20:22.629-04:00Comments on Liberty Street: Boston Police To Search Homes for Guns -- Without a WarrantKathyhttp://www.blogger.com/profile/03849598751096484281noreply@blogger.comBlogger5125tag:blogger.com,1999:blog-6777766.post-67050014294802910972008-04-12T17:16:00.000-04:002008-04-12T17:16:00.000-04:00Joan, how is it different?Simple. IF the police h...Joan, how is it different?<BR/><BR/>Simple. IF the police have sufficient evidence of an illegal weapon.....THEN.....normally they would follow the laws of this country and legally obtain a search warrant with that evidence.<BR/><BR/>However, without a search warrant, even if the police are just asking, it is nevertheless a coercive act due to the nature of having the police at the front door, and as such, disrespecting the constitution they swore to protect.<BR/><BR/>It also illustrates that they do not have sufficient evidence and are willing to conduct a "witch-hunt", again, in contrary with the constitution they swore to protect.<BR/><BR/>This won't just stop with weapons if not challenged.<BR/><BR/><BR/>Peace<BR/>Popol VuhPopol Vuhhttps://www.blogger.com/profile/08822849252772412070noreply@blogger.comtag:blogger.com,1999:blog-6777766.post-72785485245875587092007-11-18T18:24:00.000-05:002007-11-18T18:24:00.000-05:00It could be argued that people may think they are ...<I>It could be argued that people may think they are not allowed to tell the police "no",</I><BR/><BR/>Exactly. <BR/><BR/><I>... but as things stand now they only need a warrant when the homeowner does not agree to the search, but I will look into it.</I><BR/><BR/>Are you thinking of Canadian law or U.S. law?Kathyhttps://www.blogger.com/profile/03849598751096484281noreply@blogger.comtag:blogger.com,1999:blog-6777766.post-27605776222940496232007-11-18T16:35:00.000-05:002007-11-18T16:35:00.000-05:00Hey Kathy! I will look into this, but I am pre...Hey Kathy!<BR/><BR/> I will look into this, but I am pretty sure the police don't need a warrant if the homeowner agrees to a search. It could be argued that people may think they are not allowed to tell the police "no", but as things stand now they only need a warrant when the homeowner does not agree to the search, but I will look into it.<BR/><BR/>Take Care<BR/>JoanJoanhttps://www.blogger.com/profile/05183321434633267487noreply@blogger.comtag:blogger.com,1999:blog-6777766.post-44091187418012651552007-11-18T13:16:00.000-05:002007-11-18T13:16:00.000-05:00The police have ALWAYS had the power to conduct a ...<I>The police have ALWAYS had the power to conduct a search if the homeowner agrees to it.</I><BR/><BR/>There's a difference between power and authority. Of course, the police can do anything they want, when it comes down to it, and no one can stop them. But the U.S. Constitution says that the government may not search anyone's home or property without establishing probable cause in connection with a specific crime and getting a warrant. No police officer in his or her right mind would search a home w/o a warrant, owner or resident's permission or not, because they would be opening themselves to serious legal consequences later on. <BR/><BR/>The Constitution does not say, "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 -- unless the people give their permission." And there's a reason for that. Having three police officers appear on your doorstep (or one, the number doesn't matter) is *inherently* intimidating. What good is a prohibition against search and seizure without a warrant if the government can just ask people to ignore it? <BR/><BR/>Basically, what this program does is ask people to waive their constitutional rights and immunize the police from the requirements of the Fourth Amendment.<BR/><BR/>We're not talking about the rare situation in which the police have reason to think a specific individual was involved in a violent crime and have no time to get a warrant. I'm not a lawyer, obviously, but I'm pretty sure the law allows for a period of time after the fact in which the police can establish probable cause and secure the warrant. *But they have to be reasonably certain beforehand that there IS probable cause* and that a warrant *would* be issued. That is NOT the case with regards to this Boston program. If the program goes through, the Boston police will be allowed to search homes, "with permission," in cases where no judge in the city would issue a warrant.<BR/><BR/>We're talking about the government proposing to ask people, on a routine basis, to sign away fundamental rights. You can't do that.Kathyhttps://www.blogger.com/profile/03849598751096484281noreply@blogger.comtag:blogger.com,1999:blog-6777766.post-57779705018646311862007-11-18T01:52:00.000-05:002007-11-18T01:52:00.000-05:00Hey Kathy! Okay, I am really confused. The po...Hey Kathy!<BR/><BR/> Okay, I am really confused. The police have ALWAYS had the power to conduct a search if the homeowner agrees to it. If a cop thinks a kid may have a gun, they can go to the house, tell the parents of their suspicions and ask for permission to search the place. So HOW is this any different?<BR/><BR/>Take Care<BR/>JoanJoanhttps://www.blogger.com/profile/05183321434633267487noreply@blogger.com