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Police Entry vs. Property Owners' Rights

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  • 05-23-2018, 03:22 AM
    BLUEEAGLE COMMERCE
    Police Entry vs. Property Owners' Rights
    Quote:

    Quoting cdwjava
    View Post

    As I suggested, if you want to keep out unwanted visitors - including unwanted police officers, lock the door.

    Disappointed. This is the second time you've suggested I need a lock to secure the privacy of my person, places, and things..................from the Police no less, the very same Officers that are sworn " to respect the Constitutional rights of all men to liberty, equality and justice."

    If an open door is an accepted exigency for warrant less entry......than failing to answer a locked door would also be an exigent circumstance justifying knocking the door down. It's a slippery slope my friend. And the door lock does me no good when it is those who took the "Protect and Serve" Oath, who struggle with the difference between protection and intrusion.

    Regardless of whether the reason for her entry was exigencies to the warrant requirement, or community care taking and concern for my well being(you offered both); The fact that she didn't pause long enough at the door for me to meet her inquiry at the door means she had zero "respect" for the Constitutional Rights of any rightful occupants who may be inside. Most Case Law on entry without warrant stresses that the Rights of the occupants be very carefully weighed against the societal benefits that may be gained.

    If you can't wait 3-5 seconds for me to answer my door in person at my door; I have a better understanding why Police and community relationships seem to be struggling more so these days.
  • 05-23-2018, 09:57 AM
    free9man
    Re: Police Entered My Rented Storage/Office Space
    So again, are we to assume there is a lawsuit filed in this?
  • 05-23-2018, 10:00 AM
    BLUEEAGLE COMMERCE
    Re: Police Entered My Rented Storage/Office Space
    And When I asked if BOR was still around, I was asking about a forum member who goes by that handle. I know full well the Bill of Rights is still in existence(albeit under constant attack). BOR was very well versed in the Bill of Rights, with an encyclopedic recall of relevant case Law and precedence about a whole host of issues covered in the BOR.

    Quote:

    Quoting free9man
    View Post
    So again, are we to assume there is a lawsuit filed in this?

    As I stated, our Attorney will not finalize a course of action until he has received and reviewed the Discovery materials. But it is completely possible.
  • 05-23-2018, 10:13 AM
    free9man
    Re: Police Entered My Rented Storage/Office Space
    Quote:

    Quoting BLUEEAGLE COMMERCE
    View Post
    As I stated, our Attorney will not finalize a course of action until he has received and reviewed the Discovery materials. But it is completely possible.

    Last time I checked, motions in general require an underlying legal action.
  • 05-23-2018, 10:33 AM
    BLUEEAGLE COMMERCE
    Re: Police Entered My Rented Storage/Office Space
    Quote:

    Quoting free9man
    View Post
    Last time I checked, motions in general require an underlying legal action.

    A civil Lawsuit has not been filed at this point. I can only tell you that I was in my Attorneys office when him and the City Attorney agreed to an open Docket at 2 p.m. to file the paperwork to initiate the exchange of information.
  • 05-23-2018, 10:40 AM
    Mr. Knowitall
    Re: Police Entered My Rented Storage/Office Space
    Quote:

    Quoting BLUEEAGLE COMMERCE
    View Post
    And When I asked if BOR was still around, I was asking about a forum member who goes by that handle. I know full well the Bill of Rights is still in existence(albeit under constant attack). BOR was very well versed in the Bill of Rights, with an encyclopedic recall of relevant case Law and precedence about a whole host of issues covered in the BOR.

    BOR was knowledgeable about Bill of Rights issues, and he contributed well to those discussions, but he had what appeared to be some form of personal breakdown or crisis and hasn't been around for a long time.

    But you're getting correct information here, whether or not you like what you're hearing.
  • 05-23-2018, 11:27 AM
    BLUEEAGLE COMMERCE
    Re: Police Entered My Rented Storage/Office Space
    Hi Mr. K, and good day.

    Quote:

    Quoting Mr. Knowitall
    View Post
    BOR was knowledgeable about Bill of Rights issues, and he contributed well to those discussions, but he had what appeared to be some form of personal breakdown or crisis and hasn't been around for a long time.

    Saddening, but thanks for the info.

    Quote:

    Quoting Mr. Knowitall
    View Post
    But you're getting correct information here, whether or not you like what you're hearing.

    Clearly debatable MR. K. Saying her exigent circumstances would uphold Judicial scrutiny; without knowing precisely what those exigencies were in the words of the Officer. Well, that is forming an opinion knowingly absent of important information, that's not a line of thought based on logic and reasonableness. Even Carl conceded this in one of his later posts.

    "Ultimately, the legal test would be if the entry was "objectively reasonable" based upon the officer's observations and the facts, an evaluation we cannot make in its entirety since we do not know what the officer had observed or believed. Nothing presented in your narrative negates an exigency to make entry, but neither can we entirely justify it based upon what you observed".

    My Attorney just called( Yes during the lunch hour). The City Attorney extended an invitation from the Chief of Police for a mediated meeting prior to us filing a formal complaint. We readily accepted in hopes of reaching an amicable resolution to the situation. My understanding is the Chairwoman of the PCRB will mediate. Unclear to me at this point whether the Officer will be attending or not.
  • 05-23-2018, 10:49 PM
    cdwjava
    Re: Police Entered My Rented Storage/Office Space
    It surprises me that you are willing to spend a couple thousand dollars or more merely for an apology ... What, exactly, does an "amicable resolution" look like to you?

    The officer will not likely be in attendance at any such meeting.
  • 05-24-2018, 11:43 AM
    BLUEEAGLE COMMERCE
    Re: Police Entered My Rented Storage/Office Space
    Quote:

    Quoting cdwjava
    View Post
    It surprises me that you are willing to spend a couple thousand dollars or more merely for an apology

    It surprises me more people wouldn't be willing to do so.

    Quote:

    Quoting cdwjava
    View Post
    ... What, exactly, does an "amicable resolution" look like to you?

    One where I receive a reasonable explanation as to why she would be authorized to be in my private space in the first place. Or how it's even possible for it not to be against Department Policy for her to do so without; Announcing she was a Law Enforcement Officer, or announcing entry prior to entry and allowing the occupant(s) reasonable opportunity to respond to that inquiry.

    Quote:

    Quoting cdwjava
    View Post
    The officer will not likely be in attendance at any such meeting.

    She wasn't
  • 05-24-2018, 12:28 PM
    PayrolGuy
    Re: Police Entered My Rented Storage/Office Space
    BLUEEAGLE COMMERCE,

    Would you have felt differently about it had you been laying there bleeding from a hold up. Or if she had stopped someone from burglarizing your building?
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