UNDERAGE POSSESSION OF ALCOHOL AND WARRANTLESS HOME ENTRY

[Eddie]

I think this line is a doozy, though, the kind of finding by a court that can have repercussions far beyond the original case. The original case was a nothing case, minor crap. But the line below, it seems to me, could lead to officers getting shot dead if they conduct illegal entries, and the citizens wronged now have legal precedent to fall back on to protect themselves from the inevitable legal aftermath. Good for citizens rights, BAD for cops who don't follow the rules, or poor saps who accidentally hit the wrong house during a warrant service.

I don't want to thread jack, but the Bill Benefiel case has exactly this problem and a lot of legal acrobatics went into getting around it.

 

[Donnelly]

Basic law enforcement 101. It sounds like they probably had enough PC for a warrant. Why not just keep anyone underage from leaving, spend thirty minutes getting a warrant and be done with it? I have done so many times.

kidnap people who have not been convicted of a crime? isnt that a crime?

If no crime has been committed then how can you stop a person from exercising their right to travel? Or do you hold them at gunpoint, till you can get a judge to back your move?

I could be wrong, but I'm guessing that j706 is referring to posting officers outside of the residence while waiting for the warrant to intercept anyone who might choose to leave. If they leave, officers would have a chance to evaluate each person for signs of intoxication.

 

[j706]

I could be wrong, but I'm guessing that j706 is referring to posting officers outside of the residence while waiting for the warrant to intercept anyone who might choose to leave. If they leave, officers would have a chance to evaluate each person for signs of intoxication.

As for the ones leaving yea good point. But from my experience they aren't going to leave. They will be setting on their drunken butts wringing their hands when the warrant is served. Under age drinking is a huge problem. One that a lot of kids think is a joke...until they popped for it.

 

[308jake]

I wish I could find a female officer who would do anything to my taint.....

 

[Eddie]

As for the ones leaving yea good point. But from my experience they aren't going to leave. They will be setting on their drunken butts wringing their hands when the warrant is served. Under age drinking is a huge problem. One that a lot of kids think is a joke...until they popped for it.

Huge problem. The United States has one of the highest ages required for drinking in the world. It is a joke. They should do away with that law. (Something that the Federal Government crammed down the States' throats in the 1980's by threatening to cut off their highway funds.) This would free up our LEO's to do something other than stand around outside house parties waiting to get warrants so they can bust kids for having a beer. The zero tolerance patrols for alcohol are just money making schemes for the prosecutor to sell pretrial diversions.

 

[level.eleven]

Huge problem. The United States has one of the highest ages required for drinking in the world. It is a joke. They should do away with that law. (Something that the Federal Government crammed down the States' throats in the 1980's by threatening to cut off their highway funds.) This would free up our LEO's to do something other than stand around outside house parties waiting to get warrants so they can bust kids for having a beer. The zero tolerance patrols for alcohol are just money making schemes for the prosecutor to sell pretrial diversions.

Well said, the "problem" is with our alcohol laws and the unintended consequence of inafantalizing adults with regards to alcohol. In other words, its only a problem because the police make it one.

 

[Joe Williams]

Well said, the "problem" is with our alcohol laws and the unintended consequence of inafantalizing adults with regards to alcohol. In other words, its only a problem because the police make it one.

Police don't make the laws.

 

[dross]

Police don't make the laws.

Joe, I think we know that's not true.