I Don't Need A Warrant!!! This Will Make You Mad.

Started by Teresa, April 08, 2010, 10:18:45 PM

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Teresa

I hope this never happens to any of you. Thankfully, she had a camera. Watch the video first.



Sheriff Launches investigation.

http://www.kget.com/mostpopular/story/Sheriffs-department-launches-internal/V6wT6LFFpke93tb_h6XCLg.cspx

17 News discovered a youtube video of Kern County Sheriff's Deputies and a bail bonds enforcement officer entering a local woman's home after she told them they couldn't come in without a warrant and her consent. With the evidence she caught on tape, the law seems to be on her side.

"I don't need a warrant," the bondsman said as he appeared to enter on his own into the home from a back door on the youtube video.


There were also sheriff's deputies at the front door. Deputies and bail bond enforcement officials have different laws but a local bail bondsman not affiliate with this case said what happened in this case was against the law.


"If you see the person go in, you can go in," Glenn Pierce, the owner of Gotta Go Bail Bonds said. "But you just can't go in randomly."

The woman who lived at the home told 17 News her name is Star. She said she is in hiding because threats were made against her. She also said deputies and the bail bondsman violated her rights by forcing entry into her home after she stated she was the only one there.

Attorney H.A. Sala says based on the video evidence, the Sheriff's Department could have a lawsuit on its hands because of the way they forced into the home without any knowledge of the wanted person being in the home. "They have to knock, state a purpose, say they have a warrant and give time for the person to surrender," Sala said.

***

Un- believable!!!!!! Just think if it had been your house. Seized your weapons, etc,....This is crap!

I hope they all get fired, and she sues them all and hands their ass back to them on a platter!.... >:(

Well Behaved Women Rarely Make History !

Varmit

They pull that crap with the wrong house they are likely to get shot!  Freaking cops in this country have gotten out of hand!
It is high time we eased the drought suffered by the Tree of Liberty. Let us not stand and suffer the bonds of tyranny, nor ignorance, laziness, cowardice. It is better that we die in our cause then to say that we took counsel among these.

srkruzich

Post these on your place, and you can deter Government. 



Constitutional No Trespassing Sign
NO TRESPASSING

INCLUDING ALL PUBLIC OFFICIALS
OR AGENTS THEREOF:

This is to put you on notice that the Owner or Tenant of this property requires that all Public Officials abide by the provisions of the Supreme Law of the Land
THE CONSTITUTION
of the
UNITED STATES OF AMERICA

Bill of Rights

Amendment Two:"the right of the people to keep and bear Arms shall not be infringed"

Amendment Four:"the right of the people to be secure in their person, houses, papers, and effects, against unreasonable searches and seizures shall not be violated:

ANY OFFICER OF PERSON WITHOUT CONSENT OF THE OWNER OR TENANT WHO ATTEMPTS TO ENTER THIS PROPERTY WITHOUT A PROPER WARRANT AS DESCRIBED BELOW WILL BE TREATED AS ANY OTHER INTRUDER WOULD ATTEMPTING TO TRESPASS, EXTORT, INJURE, OPPRESS, THREATEN, INTIMIDATE, OR IN ANY OTHER WAY JEOPARDIZE THE RIGHTS OF THE OWNERS OR TENANTS OF THIS PROPERTY

THE UNDERSIGNED WILL THEREFORE REFUSE TO PERMIT ANY SEARCH, AUDIT ASSESSMENT, OR INSPECTION WHATSOEVER OF THIS PROPERTY WITHOUT THE PRESENTATION OF A PROPER WARRANT DULY SIGNED AS DESCRIBED BY CONSTITUTIONAL AMENDMENT IV

"AND NO WARRANT SHALL ISSUE BUT UPON PROBABLE CAUSE SUPPORTED BY OATH OR AFFIRMATION AND PARTICULARLY DESCRIBING THE PLACE TO BE SEARCHED AND THE PERSON OR THINGS TO BE SEIZED"

VIOLATORS MAY NOT BE FINED MORE THAN $10,000 OR IMPRISONED NOT MORE THAN TEN YEARS OR BOTH USC TITLE 18 SEC 241 & 242

SIGNED___________________________________________

Dated:_________________________

(page 2)

WARNING! Private Property

Persons entering this property must hold contract or license with the owner granting ingress with indemnity and carry on-person proper identification to verify such contract or license.

NO TRESPASSING

You are hereby notified that the owner of this property requires all public officials, agents, or person(s) to abide by the "supreme law of the land". The Constitution for the Untied States of America and ratified Amendments thereto.

Owner will refuse to permit and hereby refuses to permit any access, search, audit, assessment, or inspection whatsoever without the presentation of a warrant prepared as prescribed by Constitutional Amendment IV and XVI and 'particularly describing the place to be searched and the persons or things to be seized." Alleged zoning or code non-compliances do not establish Constitutional reasons for entering this property. Violators will be trespassers will be treated as intruders.

VIOLATORS TAKE NOTICE

Any official, agent, or person(s) entering this property without the consent or the owner without proper warrant as described above, will be treated as an invasive species and disease vector.

As an intruder attempting to trespass, extort, injure, threaten, harass, intimidate or otherwise jeopardize the rights of the life of the Owner of this property.

Violators will be fined according to the amount allowed by law.

(Page 3)
NOTE****  look up the Constitution of the state you are in to put below.   The one below is for an example.


NO TRESPASSING!

THE CONSTITUTION


of the

State of Washington

SECTION 3 PERSONAL RIGHTS. No person shall be deprived of life, liberty, or property, without due process of law.

ARTICLE 1, SECTION 7- 9A.52.080: Criminal trespass in the second degree

SECTION 7 INVASION OF PRIVATE AFFAIRS OR HOME PROHIBITED. No person shall be disturbed in his private affairs, or his home invaded, without authority of law.

SECTION 13 HABEAS CORPUS. The privilege of the writ of habeas corpus shall not be suspended, unless in case of rebellion or invasion the public safety requires it.

SECTION 14 EXCESSIVE BAIL, FINES AND PUNISHMENTS. Excessive bail shall not be required, excessive fines imposed, nor cruel punishment inflicted.
Curb your politician.  We have leash laws you know.

srkruzich

Years ago, I did have the DFACS or here they call them SRS show up at my door and attempt to force their way into my home without a warrant.  I grabbed a well placed 20g pump shotgun by my door and backed them up off the porch.  They attempted to bluff and threaten their way into my home with a lot of yelling and threats, and it ended up with me telling them to git and fired a shot up into the air to send the message i wasn't going to put up with them.
They came back later with a sherriff and the sherriff asked me why, i told him that they didn't have a warrant.  He asked them if they did, and they told him they didn't need a warrant.  Sherriff looked at them and said if i need a warrant to go into this mans house, you need a warrant.  He told them to get off the property until they obtained a warrant.  Never saw them again after that.
Curb your politician.  We have leash laws you know.

Diane Amberg

I have no idea who does or does not need a warrant in that state, but what finally happened? Somebody at that address must have jumped bail or they wouldn't have been there.   

srkruzich

Quote from: Diane Amberg on April 09, 2010, 02:19:18 PM
I have no idea who does or does not need a warrant in that state, but what finally happened? Somebody at that address must have jumped bail or they wouldn't have been there.   

What has that got to do with the price of eggs.  So what if someone jumped bail. They didn't have a warrant. They cannot come into your home without a warrant.  Its simple as that.  They should lock all parties involved in violating her 4 th amendment rights in the jail and fine the crap out of each and every one of them, 10,000 dollar fines and 5 years in jail. 
They are criminals, not law enforcement.
Curb your politician.  We have leash laws you know.

Diane Amberg

#6
Sorry, not true in all states or circumstances. You made me curious, so I looked up that story and also read a little on warrants in general. Sometimes the warrant does not have to be shown right away, even if demanded and they are not always necessary for felonies. I have no idea now, after reading the rest of the article, what they wanted the man for.  There is more to it in the rest of article.  Please note they didn't take her camera away so they apparently were not afraid of the tape being seen. She really has a mouth on her too, not her first encounter I'm sure.

srkruzich

#7
Quote from: Diane Amberg on April 09, 2010, 03:37:35 PM
Sorry, not true in all states or circumstances. You made me curious, so I looked up that story and also read a little on warrants in general. Sometimes the warrant does not have to be shown right away, even if demanded and they are not always necessary for felonies. I have no idea now, after reading the rest of the article, what they wanted the man for.  There is more to it in the rest of article.  Please note they didn't take her camera away so they apparently were not afraid the tape being seen. She really has a mouth on her too, not her first encounter I'm sure.

Diane, this says your "source" is wrong.  

The Fourth Amendment to the United States Constitution is the part of the Bill of Rights which guards against unreasonable searches and seizures. The amendment specifically also requires search and arrest warrants be judicially sanctioned and supported by probable cause. It was adopted as a response to the abuse of the writ of assistance, which is a type of general search warrant, in the American Revolution. Search and arrest should be limited in scope according to specific information supplied to the issuing court, usually by a law enforcement officer, who has sworn by it.

In Mapp v. Ohio, 367 U.S. 643 (1961), the Supreme Court ruled that the Fourth Amendment applies to the states by way of the Due Process Clause of the Fourteenth Amendment. The Supreme Court has also ruled that certain searches and seizures violated the Fourth Amendment even when a warrant was properly granted.


AND the california constitution says that you cannot go into a persons home without a warrant.


CALIFORNIA CONSTITUTION
ARTICLE 1  DECLARATION OF RIGHTS


SEC. 13.  The right of the people to be secure in their persons,
houses, papers, and effects against unreasonable seizures and
searches may not be violated; and a warrant may not issue except on
probable cause, supported by oath or affirmation, particularly
describing the place to be searched and the persons and things to be
seized.
Curb your politician.  We have leash laws you know.

srkruzich

Heres the ONLY instance a cop can search a home without a warrant and ALL of it pretty much is based on seeing the person commit a crime.

The Police MAY Do:

    * Conduct a search with a valid warrant: In order to obtain a valid search warrant from a judge, the police must establish "probable cause" for the search. This means that they must show that it is more likely than not that a crime has occurred and, if a search is conducted, it is probable that they will find evidence of the crime. The police must specify the area(s) to be searched and the items they are looking for in their application for the warrant. Once a valid warrant is obtained, the police may enter the specified location(s) and conduct a search for the items.
    * "Legitimate expectation of privacy": The police may conduct a search and seize items of evidence when there is no "legitimate expectation of privacy." For example, if you leave an illegal firearm on the hood of your car and the police drive by and see it, they may stop and seize the illegal firearm. You do not have a "legitimate expectation of privacy on the hood of your car or the things you leave on top of it. In this situation, it is as if no search has occurred.
    * Consent: If the police ask for your permission to search, and you give it to them, the police may conduct a search of the area(s) to which you consented. The police do not need a warrant in this situation.
    * Search "incident" to a valid arrest: The police have the authority search you and your immediate surroundings, "incident" to the arrest. For example, if the police stop and arrest you while you were driving, they ordinarily have the  authority to search you and the entire passenger compartment the car.
    * Inventory search: If you are arrested and taken to jail, the police do not need a warrant to search any items you have with you. For example, if the police impound your car, they are allowed to conduct and "inventory search" of your car and make a list of the items in it.
    * Public safety: The police do not need a warrant to search if they reasonably fear for their safety or the public's safety. For example, if the police drive by your house and see you in the garage making bombs out of explosives, they can conduct a search.
    * Imminent destruction of evidence: The police do not need a warrant to search if the reasonably believe that evidence will be destroyed. For example, if the police see you running into a house with a bag of cocaine, the police may enter and search on the reasonable belief that you are going to flush the cocaine down the toilet.
    * Hot pursuit: The police may search without a warrant if they are in "hot pursuit." For example, if the police are chasing you from the scene of a bank robbery and you run into your house, they can enter the house and search for you.
    * Stop and frisk: If the police have reason to believe you are carrying a concealed weapon, they may conduct a pat-down search of your outer clothing for officer safety reasons.
    * Protective sweep: If the police arrest you in your living room, they may conduct a cursory visual inspection of places where an accomplice may be hiding, such as a coat closet. In order to do so, the police must have a reasonable belief that an accomplice may be present. Also, the police can only search areas where an individual could reasonable hide. For example, they cannot search your medicine cabinet under these circumstance because an accomplice could not hide there.

Curb your politician.  We have leash laws you know.

Diane Amberg

So the state of Rhode Island is wrong? Be sure and tell them that. ;D

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