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The Range
Law & Order
Colorado county approves warrantless search and seizure of residences and confiscation of firearms
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<blockquote data-quote="OK Corgi Rancher" data-source="post: 3649583" data-attributes="member: 45773"><p>OK... In the interest of keeping this an informative discussion let's make this simple. I didn't read all of whatever that was you posted.</p><p></p><p>Keep in mind I said, in both my posts, that LEO can enter a property without a warrant under several circumstances. I didn't say "search"...but they can do that, too.</p><p></p><p>Your statement: "The only way an LEO can enter a domicile without a warrant is if they see a crime in progress under most states laws anyway and the Constitution." is just flat out, 100% wrong. The easiest way to prove that to you is pointing out that a property owner can always give consent to the LEO to search the property. A "consent search" is one way an officer can search a home without a warrant.</p><p></p><p>Also, are you telling me that an officer(s) who responds to a disturbance call at a home with drawn curtains and locked doors can't enter if, for example, they hear a woman screaming and then gunshots coming from inside? Seriously? Of course they can even if they can't see an actual crime in progress. It's called "exigent circumstances" and cops enter places all the time based on exigent circumstances. They can conduct a limited search in order to preserve life. Meaning, they can search pretty much the entire house without a warrant looking for a victim and/or the suspect. They can do the same thing if they have probable cause to believe evidence of a crime is being destroyed...though in my experience that's much harder to articulate.</p><p></p><p>If, while inside that home, they see contraband in plain view...drugs, for example...they can seize that based on the "plain view" doctrine. Most of the time, they won't, though. Because it's easier and will be better in court if they secure the home (which is technically a seizure) while waiting for a warrant.</p><p></p><p>If an officer witnesses a person commit a serious crime...shoot someone...and the person runs the officer, obviously, can give chase. If the officer witnesses the suspect run into a residence the officer can enter the residence and search for the suspect, even if the suspect shuts and locks the door behind him, without a warrant. It's called "hot pursuit".</p><p></p><p>Officers can also conduct limited searches or "sweeps" for their safety once inside a home.</p><p></p><p>These are just a few examples I can think of off the top of my idea. It's not a comprehensive list of how an officer can enter a residence, or even conduct certain searches/seizures, without a warrant.</p><p></p><p>But don't take my word for it...feel free to look these things up. Here's a great place to start and it comes from right here in Oklahoma:</p><p></p><p>[URL unfurl="true"]https://digitalcommons.law.utulsa.edu/cgi/viewcontent.cgi?article=1645&context=tlr[/URL]</p></blockquote><p></p>
[QUOTE="OK Corgi Rancher, post: 3649583, member: 45773"] OK... In the interest of keeping this an informative discussion let's make this simple. I didn't read all of whatever that was you posted. Keep in mind I said, in both my posts, that LEO can enter a property without a warrant under several circumstances. I didn't say "search"...but they can do that, too. Your statement: "The only way an LEO can enter a domicile without a warrant is if they see a crime in progress under most states laws anyway and the Constitution." is just flat out, 100% wrong. The easiest way to prove that to you is pointing out that a property owner can always give consent to the LEO to search the property. A "consent search" is one way an officer can search a home without a warrant. Also, are you telling me that an officer(s) who responds to a disturbance call at a home with drawn curtains and locked doors can't enter if, for example, they hear a woman screaming and then gunshots coming from inside? Seriously? Of course they can even if they can't see an actual crime in progress. It's called "exigent circumstances" and cops enter places all the time based on exigent circumstances. They can conduct a limited search in order to preserve life. Meaning, they can search pretty much the entire house without a warrant looking for a victim and/or the suspect. They can do the same thing if they have probable cause to believe evidence of a crime is being destroyed...though in my experience that's much harder to articulate. If, while inside that home, they see contraband in plain view...drugs, for example...they can seize that based on the "plain view" doctrine. Most of the time, they won't, though. Because it's easier and will be better in court if they secure the home (which is technically a seizure) while waiting for a warrant. If an officer witnesses a person commit a serious crime...shoot someone...and the person runs the officer, obviously, can give chase. If the officer witnesses the suspect run into a residence the officer can enter the residence and search for the suspect, even if the suspect shuts and locks the door behind him, without a warrant. It's called "hot pursuit". Officers can also conduct limited searches or "sweeps" for their safety once inside a home. These are just a few examples I can think of off the top of my idea. It's not a comprehensive list of how an officer can enter a residence, or even conduct certain searches/seizures, without a warrant. But don't take my word for it...feel free to look these things up. Here's a great place to start and it comes from right here in Oklahoma: [URL unfurl="true"]https://digitalcommons.law.utulsa.edu/cgi/viewcontent.cgi?article=1645&context=tlr[/URL] [/QUOTE]
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