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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="Glocktogo" data-source="post: 3661436" data-attributes="member: 1132"><p>I think what's being argued here is exigent circumstance? For a LEO to enter a closed/secured private building for the purposes of conducting a criminal investigation, without the express consent of the lawful occupant(s), they must have either a warrant, or <u>articulable exigent circumstance</u>. </p><p></p><p>[URL unfurl="true"]https://www.findlaw.com/criminal/criminal-rights/the-fourth-amendment-reasonableness-requirement.html[/URL]</p><p></p><p></p><p> So if a LEO sees a dangerous felony suspect run into a home, they may enter without a warrant to prevent harm to others, and to apprehend said suspect. If in the course of these narrow activities they see evidence of other crimes, they must seek a warrant to investigate them further. </p><p></p><p>If they believe someone is in danger of death or great bodily harm, the exigency exemption still applies.</p><p></p><p>The reason Red Flag laws are unconstitutional, is because they have neither exigency or proof of criminal activity to support entry and removal of private property. The good faith exemptions shouldn't apply, because everyone from the judge to the DA's office and officers know there is no supporting crime. It's the very definition of bad faith. </p><p></p><p></p><p></p><p>So far the SCOTUS hasn't ruled on the illegality of RF laws that I'm aware of. I'm not exactly confident they will rule correctly on it if they do review it, because "conservative leaning" or not, SCOTUS has a long and ongoing tendency to side with the State on these matters. <img src="/images/smilies/frown.png" class="smilie" loading="lazy" alt=":(" title="Frown :(" data-shortname=":(" /></p></blockquote><p></p>
[QUOTE="Glocktogo, post: 3661436, member: 1132"] I think what's being argued here is exigent circumstance? For a LEO to enter a closed/secured private building for the purposes of conducting a criminal investigation, without the express consent of the lawful occupant(s), they must have either a warrant, or [U]articulable exigent circumstance[/U]. [URL unfurl="true"]https://www.findlaw.com/criminal/criminal-rights/the-fourth-amendment-reasonableness-requirement.html[/URL] So if a LEO sees a dangerous felony suspect run into a home, they may enter without a warrant to prevent harm to others, and to apprehend said suspect. If in the course of these narrow activities they see evidence of other crimes, they must seek a warrant to investigate them further. If they believe someone is in danger of death or great bodily harm, the exigency exemption still applies. The reason Red Flag laws are unconstitutional, is because they have neither exigency or proof of criminal activity to support entry and removal of private property. The good faith exemptions shouldn't apply, because everyone from the judge to the DA's office and officers know there is no supporting crime. It's the very definition of bad faith. So far the SCOTUS hasn't ruled on the illegality of RF laws that I'm aware of. I'm not exactly confident they will rule correctly on it if they do review it, because "conservative leaning" or not, SCOTUS has a long and ongoing tendency to side with the State on these matters. :( [/QUOTE]
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Colorado county approves warrantless search and seizure of residences and confiscation of firearms
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