broken arrow man jailed for pointing gun at police

[vvvvvvv]

Can they enter, absolutely. With nothing more than the visual observations of illegal activity

If the article is correct about the observation, then there may be an issue depending on the details of the backyard kitchen window observation.

Was the backyard fenced? If so, was the officer inside or outside of the fence at the time of the observation?

 

[vvvvvvv]

Seems kind of like a dangerous precedent, that officers can forcefully enter a residence on the word of another officer that he has "visual observations" of something. Seems like that could be a good excuse to enter any house.

The worse precedent is "I think I smell..."

 

[Hump66]

Kitchen window, kitchen counter, it was oregano.

 

[AdvantageR1]

Okay guys, even if you don't focus on the suspect marijuana that the officer observed, the officers knocked on the door and were allowed to enter the house. There is no mention of forced entry or a warrant. I am braising my statements off of what I read in the article. Even if I played devil's advocate about whether the marijuana was marijuana or whether the officer in the back yard passed a fence (no mention of a possession of marijuana charge), they responded to a noise complaint, knocked on the door, and were allowed in.

Again I do not know the entire story, just what I read. You should be able to search the defendant's name on OSCN and find the PC Affidavit.

 

[Eric_Williams]

Wow i know him too. I haven't seen him in probably 8 years and i quit hanging out with him because he was doing stupid stuff all the time.

 

[bettingpython]

Doofus granting entry was the first issue, I would indeed call 911 to verify that people telling me they are cops on my front porch are but I would not grant entry. His "friend" fubar'd this whole thing..

Once they were positively identified as police his right to point a weapon was null and void. Sorry but pointing a firearm is illegal when there is no threat.

I too have issue with the officer being in the backyard. The drug charge will stick even if the observation is thrown out and ruled inadmissible because the guys friend let them in and he's going to get raped on the pointing a firearm charge.

Just my .02

Had they kicked in the door without knocking and had a firearm leveled at them by the homeowner I would be inclined to argue the pointing charge was not justified, up until the point they were positively identified as legitimate LEO's. And depending on quantity, packaging for sale, scales etc. he may be hit with a possession of a firearm during commission of a felony charge.

 

[vvvvvvv]

Doofus granting entry was the first issue, I would indeed call 911 to verify that people telling me they are cops on my front porch are but I would not grant entry. His "friend" fubar'd this whole thing..

Once they were positively identified as police his right to point a weapon was null and void. Sorry but pointing a firearm is illegal when there is no threat.

I too have issue with the officer being in the backyard. The drug charge will stick even if the observation is thrown out and ruled inadmissible because the guys friend let them in and he's going to get raped on the pointing a firearm charge.

Just my .02

Had they kicked in the door without knocking and had a firearm leveled at them by the homeowner I would be inclined to argue the pointing charge was not justified, up until the point they were positively identified as legitimate LEO's. And depending on quantity, packaging for sale, scales etc. he may be hit with a possession of a firearm during commission of a felony charge.

All you have to have is cash and ziploc bags (or an empty box). Common food scale or powder scale makes it even easier.

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