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Old June 22, 2009, 05:12 PM   #62
OuTcAsT
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Join Date: January 8, 2006
Location: Nashville, TN
Posts: 1,212
Quote:
which we've established could be done by a PD in his local.
Would you, Please point out where that has been established and how it was established ? I am sorry but, I must have missed it.

Quote:
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.
You are attempting to change the criteria by substitution, sorry, but that dog won't hunt. If the man were "standing on the porch", he would not need police to kick down the door, or, do a welfare check, I would think a key would be the only thing he might need. Nice try though.

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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.
Again, you attempt to obfuscate. Notice the underlined words from your quote ? Particularly the words "probable cause" and "Judge" There is a reason that those things are necessary for another of the highlighted words, "warrant"
Those reasons are the same reasons that a "Forcible Entry" is not likely to be authorized by a dispatcher over a phone, or another cop 4 hours away. It's this inconvenient little thing called the Constitution.


Quote:
He alone could authorize entry for good cause or no cause.
Apparently not, the guy in the OP was not successful at it. He had no Proof, hence, no prerogative.


ETA: I have been involved in more locked threads, and had more accusations of "cop bashing" leveled at me than almost anyone else on this subfora; yet, even I can see the officers acted responsibly in this case. How the hell did this happen?
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Last edited by OuTcAsT; June 22, 2009 at 05:27 PM. Reason: spelling
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