In the News II

Quote: GenoDRPh

Homan is full of schit. What Homan wants to do is hold people without warrant. Courts have already told him he can't. So now he's pissed he actually has to get a warrant to arrest people.

I’m no expert on the need for a ‘warrant’. If a cop gets a call from a homeowner, who says ‘a guy in a New England Patriots hoodie is ransacking my house’, and the cop arrives and sees a guy in that garb leaving the house, can’t he arrest the guy without a warrant?

If a cop gets a call that there is a person here illegally in a NY Yankee sweatsuit loitering outside Panera, the cop can’t go and arrest the guy? Or should I say ‘detain’? Or should the cop ignore the citizen who is reporting a crime, the crime being being in the country illegally?

Quote: SOOPOO

I’m no expert on the need for a ‘warrant’. If a cop gets a call from a homeowner, who says ‘a guy in a New England Patriots hoodie is ransacking my house’, and the cop arrives and sees a guy in that garb leaving the house, can’t he arrest the guy without a warrant?

If a cop gets a call that there is a person here illegally in a NY Yankee sweatsuit loitering outside Panera, the cop can’t go and arrest the guy? Or should I say ‘detain’? Or should the cop ignore the citizen who is reporting a crime, the crime being being in the country illegally?

You should be glad there are still some safeguards from law enforcement folks snatching people up easily. They can always arrest someone in commission of an obvious crime on the spot.

Quote: SOOPOO

I’m no expert on the need for a ‘warrant’.

Then maybe you should educate yourself on the issue. These are your civil rights, too. The the same prohibitions against cops detaining YOU and arresting YOU "just because" or "on a hunch" apply to all.

As a Red Sox fan, I'm glad all it takes to suspect someone of being an illegal immigrant is to wear NY Yankees apparel...

Quote: rxwine

You should be glad there are still some safeguards from law enforcement folks snatching people up easily. They can always arrest someone in commission of an obvious crime on the spot.

Seems to me being an illegal alien is a crime on the spot.

Seems to me lots of times they do a "come in we need to talk" instead of a warrant. Even on "Breaking Bad" Hank says why get a warrant, what happened to an old school knock-and-talk. People also do not need to be caught "in the act." For example, a domestic call and one party has clearly been beaten.

Illegal aliens seem to have been dropped to a "don't bother without some other cause."

Quote: AZDuffman

Seems to me being an illegal alien is a crime on the spot.

Seems to me lots of times they do a "come in we need to talk" instead of a warrant. Even on "Breaking Bad" Hank says why get a warrant, what happened to an old school knock-and-talk. People also do not need to be caught "in the act." For example, a domestic call and one party has clearly been beaten.

Illegal aliens seem to have been dropped to a "don't bother without some other cause."

And you used to work for a lawyer?

Quote: GenoDRPh

And you used to work for a lawyer?

If Duffman worked for a lawyer, he must have been fired. (This site doesn't like videos, so just posted titles)

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Quote: GenoDRPh

And you used to work for a lawyer?

Worked for one, worked with many.

Quote: SOOPOO

I’m no expert on the need for a ‘warrant’. If a cop gets a call from a homeowner, who says ‘a guy in a New England Patriots hoodie is ransacking my house’, and the cop arrives and sees a guy in that garb leaving the house, can’t he arrest the guy without a warrant?

If a cop gets a call that there is a person here illegally in a NY Yankee sweatsuit loitering outside Panera, the cop can’t go and arrest the guy? Or should I say ‘detain’? Or should the cop ignore the citizen who is reporting a crime, the crime being being in the country illegally?

Without a witness probably not. Now if that person that called, or someone else points out the person I would then expect the cop to detain him.

Quote: DRich

Without a witness probably not. Now if that person that called, or someone else points out the person I would then expect the cop to detain him.

Without getting into the weeds of the limits of police arrest powers, police and LE must follow the law when detaining people and arresting them.

From google:

Quote:

In the United States, an arrest without a warrant still requires probable cause – in the case of an arrest without a warrant, probable cause must be promptly filed.

An arrest without warrant is generally allowed when:

The person has committed a felony or misdemeanor, and the officer has witnessed it
A felony has been committed and the officer reasonably believes, known as probable cause, the person being arrested is the one who has committed it, as long as immediately afterwards a warrant is obtained from the court.
A violation of Traffic law seen by the officer
When a suspect is in their home but one of the exigent circumstances occur; this is when an officer has reason to believe the suspect is escaping, evidence is being destroyed, and when a person inside is in danger of being harmed.

If INS thinks someone is in the country illegally and wants to detain them, go to a judge and get a warrant. It isn't that hard.

Quote: AZDuffman

Worked for one, worked with many.

Really?

I practiced law for forty years: what did you do in the legal profession?