Message:

<p>[QUOTE=&quot;NPCoin, post: 323239, member: 5629&quot;]What you refer to is a crime in progress <img src="styles/default/xenforo/clear.png" class="mceSmilieSprite mceSmilie8" alt=":D" unselectable="on" unselectable="on" />&nbsp; More specifically, there was a recent Federal Circuit case from 2005 (don&#039;t have the case reference right off-hand) that upheld the seizure of the property &quot;in plain view&quot; was not a violation of the Fourth Amendment with a crime in progress.&nbsp; However, that case did not relieve the duty of the State to uphold the Fourth Amendment during the investigation and discovery of crime facts.&nbsp; A warrant is still needed to search and/or seize suspect property during investigation and discovery of crime facts, and usually takes less than 10 minutes in many municipalities in this area to obtain.</p><p><br /></p><p>I should have taken the time to clarify that originally for you before I had to run out of here for the day, but I thought the above comment would clarify it enough.</p><p><br /></p><p>The unfortunate thing about it today, however, is that there is sometimes good reason for people to be wary of arbitrary power without checks.&nbsp; In a small town like ours, we have a total staff of 20 officers including the chief, lt., 2 sargs, 3 dispatchers, and a hand full of beat cops.&nbsp; It&#039;s pretty easy to recognize the members of the force and you see them around town all the time out of uniform.&nbsp; But if you are in a city where those would not even cover a tenth of one shift, you could never be too careful.</p><p><br /></p><p>Previously, there had been some issues in eastern Wyoming where people were posing as social workers and cops and &quot;talking to children in private&quot; using color of law as their only authority to do so (it is ruled a 4th Amendment violation for a State actor to question a child on private property without the guardian&#039;s permission).&nbsp; We received mailings from the State warning us as parents of this activity and to call the local police department if approached by anyone appearing to be a social worker or a police officer asking for access to children on the premises without a warrant.</p><p><br /></p><p>Make sure the cop is really a cop, then make sure your rights are upheld to the fullest <img src="styles/default/xenforo/clear.png" class="mceSmilieSprite mceSmilie1" alt=":)" unselectable="on" unselectable="on" />&nbsp; Co-operation is not a bad thing, just make sure that it&#039;s being done correctly with the proper checks in place.[/QUOTE]</p><p><br /></p>

Your name or email address:

Do you already have an account?

• No, create an account now.
• Yes, my password is:
• Forgot your password?

Stay logged in