Traffic stop does not justify home entry

Discussion in 'General Discussion' started by hogger129, Sep 10, 2011.

  1. hogger129

    hogger129 Active Member

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    If you're being pulled over, keep driving until you get home and park in your garage.

    http://www.prisonplanet.com/federal-court-traffic-stop-does-not-justify-home-entry.html

    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?
  2. JLA

    JLA Well-Known Member

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    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. ;)
  3. hogger129

    hogger129 Active Member

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    Same here. I find if I just do what they ask, and be helpful, they don't give me a hard time.
  4. JLA

    JLA Well-Known Member

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    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.
  5. ponycar17

    ponycar17 Active Member

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    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. ;)
  6. Prizefighter

    Prizefighter New Member

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    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.
    Last edited: Sep 10, 2011
  7. CampingJosh

    CampingJosh Moderator

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    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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