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The Water Cooler
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broken arrow man jailed for pointing gun at police
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<blockquote data-quote="spd67" data-source="post: 2270664" data-attributes="member: 9008"><p>Can they enter, absolutely. With nothing more than the visual observations of illegal activity as stated by one officer in the report Scotus says police can enter for what is known as a protective sweep of the house for several reasons. 1. to prevent any evidence from being destroyed (one officer stated that he observed a male gathering up what he believed to be marijuana. Any reasonable person would come to the conclusion that you would do that only to conceal or destroy it prior to being detected by law enforcement), 2. Guns and drugs go hand in hand and a sweep can also be used to find other people laying in wait (like in this story) that would pose a potential risk for officers(and in fact there was someone laying in wait with a gun that just goes to show this fact). This entry is not looked at as a search by the courts. If they wanted to go looking for the dope then they could enter, detain the occupants then apply for a search warrant and if granted they could then search for what was outlined in their search warrant affidavit. From reading the story there was nothing illegal about the entry and seemed textbook from a court standard and law enforcement standard. </p><p></p><p>Now if someone let them in even if it was not the resident, then that is good to go also. Just because you don't agree with something doesn't mean it is illegal.</p></blockquote><p></p>
[QUOTE="spd67, post: 2270664, member: 9008"] Can they enter, absolutely. With nothing more than the visual observations of illegal activity as stated by one officer in the report Scotus says police can enter for what is known as a protective sweep of the house for several reasons. 1. to prevent any evidence from being destroyed (one officer stated that he observed a male gathering up what he believed to be marijuana. Any reasonable person would come to the conclusion that you would do that only to conceal or destroy it prior to being detected by law enforcement), 2. Guns and drugs go hand in hand and a sweep can also be used to find other people laying in wait (like in this story) that would pose a potential risk for officers(and in fact there was someone laying in wait with a gun that just goes to show this fact). This entry is not looked at as a search by the courts. If they wanted to go looking for the dope then they could enter, detain the occupants then apply for a search warrant and if granted they could then search for what was outlined in their search warrant affidavit. From reading the story there was nothing illegal about the entry and seemed textbook from a court standard and law enforcement standard. Now if someone let them in even if it was not the resident, then that is good to go also. Just because you don't agree with something doesn't mean it is illegal. [/QUOTE]
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broken arrow man jailed for pointing gun at police
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