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Old June 22, 2009, 03:50 PM   #61
maestro pistolero
Senior Member
 
Join Date: August 16, 2007
Posts: 2,069
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What I find "fascinating" is that you believe that, from 4 hours away, the husband HAS that prerogative.
What in the world does being 4 hours away have to do with his prerogative to authorize forcible entry? It only goes to verifying his identity, which we've established could be done by a PD in his local.

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Again I ask :

How will he Prove he is the rightful owner, or tenent at that address? Drivers license ? That only says he lives there, nothing more. Unless he happens to have a Deed or Lease with him he is short on proof.
Absurd. We are supposed to carry a deed or lease around with us?
By your criteria, he wouldn't have been able to authorize entry if he were standing on the porch, because the documents you think are required would be in the house.

If the husband were suspected of a crime and there were probable cause, his address of record (as in driver's license) would be entirely sufficient to get a search warrant for the premises. The judge would assume the information to be correct and issue the warrant.

Why, then wouldn't it be sufficient for the lawful occupant to verify his home address for the purposes of a welfare check?

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How will he prove that the woman at the address is his Wife, Girlfriend, etc.? Hope he has his marriage license, Oh ! I know ! a Picture of them together! How will he prove that this woman even lives there, or exists for that matter?
Oh pulleeeez! He wouldn't need to, since he is the lawful occupant. He alone could authorize entry for good cause, like a welfare check on his pregnant, sick, and missing wife.

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How will he Prove that there is an emergency, or for that matter, that she is even home ? Car in the driveway ?
Again, irrelevant. He alone could authorize entry for good cause or no cause.

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Maybe, or, she could have left with someone.
SO WHAT! Welfare check completed. Wife not home. . . end of story.

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The "imagination" possibilities are boundless.
Except when it comes to facilitating the welfare check for the out of town husband.
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