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Old March 24, 2009, 06:57 PM   #126
gretske
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The apartment number may have been the same, but no matter how you look at it, it was the wrong address.
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Old March 24, 2009, 08:57 PM   #127
OuTcAsT
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The apartment number may have been the same, but no matter how you look at it, it was the wrong address.
Um...Yeah, OK I think that was why I started this thread.

Just trying to answer a question.

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If he was a military police officer, he should understand that and understand the mindset of the officers coming to the door
I'm sure that if he had any reason to believe that the knock at the door was LE he probably would not have met the coppers with gun in hand...That's the point, he had no reason to expect police as he nor anyone in his home had called them, and they knocked but did not identify themselves as police until he opened the door to see what the hubub was, at that point it was downhill all the way.
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Old March 24, 2009, 09:11 PM   #128
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The argument to "just call 911 or the local non emerg. number" ignores the reality that there`s no sole clearing -house for confirming LE activity in any given area.
In this particular case Confirmation could have easily been done if Chilton would have called 911: there`s two questionable LEO`s beating on my door at 0300 which i haven`t called. In conversation with LEO through closed door I simply tell them I`m calling 911,ask for their badge numbers(which if they are LEO,they will give). Call dispatcher, give my name and address,tell him/her that two LEO`s are at my door and give badge numbers. Dispatcher knows where those officer`s are supposed to be,will also know from my phone number that I have not previously called so I`m not the address the LEO`S should be at. Que dispatcher that there`s a problem in which dispatcher calls/radio`s two LEO outside my door. Problem solved! P.S. May I suggest for people here to call their local non-emergency LE office and ask them what we should do if our doors are knocked upon and we`re not sure whether person knocking is LEO or not. Bet they tell ya not to open door without calling 911 1st.

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Old March 25, 2009, 02:11 AM   #129
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You will never get in trouble asking for more information.
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Old March 25, 2009, 11:45 AM   #130
OuTcAsT
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Wow, First let me say that this has been a very interesting and educational thread, and one of the few that I have ever seen go for 6 pages while discussing such a violatile topic that did not turn into a genital waving contest, Good Show Imagine, a cordial, round table discussion between LEOs, Lawyers, and Law abiding citizens about a situation that could happen to anyone, at any time, and some sage advice on how to proceed when it does, absolutely awesome.

This case will play out in court, and I will start another thread when things start to get resolved.

What I have learned:

1. If police show up at your door un-expectedly (unless they have a warrant to serve) then you do, in a broad sense, have some rights. But in the narrow sense those rights are gonna take a back seat until business at hand is complete.

2. Make every attempt to satisfy yourself that they are indeed LE. Either visually, or by calling 911 before you open the door.

3. Make sure the officers are aware that this is what you intend so that they will understand a slight delay while everything is proven kosher.

4. Do not open the door with a weapon in your hand, or even visible for that matter.

5. Cooperate within your miranda rights as fully as possible.

6. If the situation is a mistake, as was the case here, simply cooperate at the scene, and call your lawyer later.

While I am still uncomfortable with the police having such broad latitude, that's the way it is. The safest thing is to play the game by the rules, and litigate the rest later.

I will ask the Moderators to close this for now, as we have seen all there is to see for the moment, and will update when new evidence comes to light.
Thank you all for a great learning experience.

Dan E. Bruner AKA OuTcAsT


P.S. This might make a good sticky in T&T ?
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Old March 25, 2009, 02:13 PM   #131
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As you wish as you were the OP. Start a new one with more info.

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