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-   -   Traffic stop does not justify home entry (http://www.thefirearmsforum.com/showthread.php?t=94484)

hogger129 09-10-2011 03:52 PM
Traffic stop does not justify home entry
 
If you're being pulled over, keep driving until you get home and park in your garage.

http://www.prisonplanet.com/federal-...ome-entry.html

Quote:
Tenth Circuit US Court of Appeals rules a police officer cannot enter a home over a minor traffic violation.

A police officer has no right to pursue a minor traffic stop into a home, according to a ruling handed down Wednesday by the US Court of Appeals for the Tenth Circuit. A three-judge panel considered what happened after police in Sulphur, Oklahoma saw a suspect allegedly driving with faulty taillights on July 23, 2007.

Murray County Deputy Sheriff Craig A. Billings signaled seventeen-year-old Joshua Burchett, who was driving the car, to pull over. Burchett continued on for two blocks, parked in the driveway of his parents’ three-bedroom home, ran inside and hid in the bathroom. Billings called for backup and Sulphur Police Officers Steve Watkins and Tony Simpson arrived at the scene.

Billings began kicking the door, which woke the parents, Jose and Christina Mascorro. Jose Mascorro opened the door and Billings pointed a gun at his head, yelling, “On your knees [expletive]. Where is he? Where is he?” When Christina Mascorro asked whether Billings had a warrant, she was blasted in the mouth with pepper spray. Billings then sprayed the other residents, including Mascorro’s 14-year-old son. Christina Mascorro retreated to a back bedroom and called 911. Officer Watkins pulled her outside while Deputy Billings kicked in the door to the bathroom, gun drawn, to retrieve Burchett.
I have to say, it's a hard call. On one hand, yes, they have no right to enter your home without a warrant, then again, you are in the commission of an illegal act - speeding - and that gives them a right to enter your property - or at least I thought it did. Maybe there are former cops here who can give more insight. Couldn't they just say whatever and mail you a ticket, make you appear in court, and then play a video of the pursuit?

JLA 09-10-2011 03:58 PM
Re: Traffic stop does not justify home entry
 
If they light you up well in advance of your home it would be considered a pursuit and they can enter your home and apprehend you, or shoot you if you get aggressive.

My dad thinks this way and has tested the law much to his demise many times. He once assaulted a cop because he thought it was legal for him to do so on his own property, boy was he wrong. he still gets a 5 day delay when he buys a new gun because of that 20 year old charge.

Guess my point is, dont break the law and if you get lit by a cop just pull over and let him do his thing. I got lit up yesterday on the way home from work becasue the DOT officer passing me didnt see my seatbelt because it was the same color as my shirt. I knew I was in the clear, but he did his thing and didnt take up but 5 minutes of my time. Gave me a chance to snack on the box of fresh catfish I just picked up from chicken express. ;)

hogger129 09-10-2011 03:59 PM
Re: Traffic stop does not justify home entry
 
Quote:
Originally Posted by JLA (Post 791322)
If they light you up well in advance of your home it would be considered a pursuit and they can enter your home and apprehend you, or shoot you if you get aggressive.

My dad thinks this way and has tested the law much to his demise many times. He once assaulted a cop because he thought it was legal for him to do so on his own property, boy was he wrong. he still gets a 5 day delay when he buys a new gun because of that 20 year old charge.

Guess my point is, dont break the law and if you get lit by a cop just pull over and let him do his thing. I got lit up yesterday on the way home from work becasue the DOT officer passing me didnt see my seatbelt because it was the same color as my shirt. I knew I was in the clear, but he did his thing and didnt take up but 5 minutes of my time. Gave me a chance to snack on the box of fresh catfish I just picked up from chicken express. ;)
Same here. I find if I just do what they ask, and be helpful, they don't give me a hard time.

JLA 09-10-2011 04:02 PM
Re: Traffic stop does not justify home entry
 
Now in the case you posted above. I think the officers were a bit overzealous with theri application of the law and thats apparently what the judges thought as well.

ponycar17 09-10-2011 05:15 PM
Re: Traffic stop does not justify home entry
 
I thought that everyone just took off in their super cars and pulled into the garage to evade the police. Oh yeah, that was a movie. ;)

Prizefighter 09-10-2011 06:16 PM
Re: Traffic stop does not justify home entry
 
Quote:
Originally Posted by JLA (Post 791326)
Now in the case you posted above. I think the officers were a bit overzealous with theri application of the law and thats apparently what the judges thought as well.
I think that's the key here, too. The kid was dumb, sure. But if you're kicking in doors, pointing guns, and spraying pepper like it's air freshener over faulty tail lights and a 2 block "chase," it's time to switch coffee brands.

CampingJosh 09-10-2011 06:24 PM
Re: Traffic stop does not justify home entry
 
Most traffic "crimes" are actually infractions. This is so the courts don't have to prove the offense beyond a reasonable doubt. It's set up to be against citizens.

They can't have it both ways. If the government is going to say it's not a crime, then then their agents (police) can't treat it like a serious crime.

I hope these officers are fired without a hint of severance, and they should be prosecuted for battery and unlawful entry.


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