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The Something Awful Forums > Discussion > Debate & Discussion > Barack Hussein Obama is Personally Deporting Hundreds of Migrant Families
 
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Mar 29, 2004

Hey, does your planet have wiper fluid yet or you gonna freak out and start worshiping us?

joeburz posted:


So uh, any resident lawyers know what the rationale is for not needing a warrant?

It's generally held that Law Enforcement may enter a residence to search for/arrest a wanted subject named in a warrant if they have a reasonable belief that the person named on the warrant lives at the house. The article doesn't exactly explain how the officers came to be at the house, and it's possible it is the last known address, etc. The officers may also enter a residence of a third party person to search for/arrest a wanted subject in certain special circumstances. As noted above just telling the cops you don't know someone or they don't live there doesn't necessarily change the situation if they have other information available.

quote:


U.S. v. Magluta, FEB95, 11Cir No. 93-5069.

We think it sufficient to hold that in order for law enforcement officials to enter a residence to execute an arrest warrant for a resident of the premises, the facts and circumstances within the knowledge of the law enforcement agents, when viewed in the totality, must warrant a reasonable belief that the location to be searched is the suspect's dwelling, and that the suspect is within the residence at the time of entry.


But that may all be moot. The article quickly mentions them asking about her niece, who is under court supervised release. Conditions of that release usually involve a certain waiver of rights to search and seizure, ie. ankle monitor and person and home checks. So if the niece lived with her aunt, they could likely enter the residence anyway.

* # ¿ Jan 5, 2016 08:34
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The Something Awful Forums > Discussion > Debate & Discussion > Barack Hussein Obama is Personally Deporting Hundreds of Migrant Families