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<p>[QUOTE=&quot;NPCoin, post: 322968, member: 5629&quot;]Only with a warrant obtained upon due cause.&nbsp; &quot;Due cause&quot; does not mean that an officer or any other actor of the State may arbitrarily determine on his own merit that he has a good reason for doing something.&nbsp; The only time an officer may act without a warrant is in a situation of a crime in progress, <b>NEVER</b> during investigation!</p><p><br /></p><p>An officer may detain (in my State it is considered arrest) a person during investigation, but faces the possibility of losing indemnification and criminal action for false arrest if he is found to have done so without a warrant.&nbsp; The Wyoming Constitution explicitly states &quot;Arbitrary and absolute power does not exist in a republic&quot;.&nbsp; This is a coverall of the Federal &quot;Bill of Rights&quot;.</p><p><br /></p><p>Due process exists for a reason - to protect everybody involved.&nbsp; Warrants are a trivial thing for an officer to obtain.&nbsp; During the investigation process, there is more than ample time and ability to obtain such a warrant upon affidavit by the officer.</p><p><br /></p><p>Case law has upheld (Maryland v. Dyson, 527 U.S. 465, 119 S. Ct. 2013, 144 L. Ed. 2d 442) that a warrant is <b>required</b> to seize property, as well as the fact that an officer is required to obtain such a warrant (lippo v. West Virginia, 528 U.S. 11, 120 S. Ct. 7, 145 L. Ed. 2d 16).&nbsp; That is not to say that a person may <i>willingly</i> give up the item in question.&nbsp; But in doing so, the individual should most definitely obtain a receipt and itemization of all items surrendered to the officer(s).&nbsp; This applies as well to a business establishment.</p><p><br /></p><p>To argue that the police do not &quot;need&quot; a warrant just does not hold ground on this issue since case law as well as written public law state otherwise.&nbsp; Could you imagine if the FBI could have simply entered NORFED and Sunshine establishments without any warrant or oversight and taken whatever they wanted?&nbsp; Well, they didn&#039;t and <b>couldn&#039;t</b> because they needed a properly executed warranted defining the exact place and items to be seized.</p><p><br /></p><p>demand your rights, or face losing them.&nbsp; Any true patriot will demand his rights and act accordingly.[/QUOTE]</p><p><br /></p>

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