SavageOne
Regular Member
While watching footage of the search for Suspect 2 in Boston, I saw instance after instance of LEOs searching private property, presumably without a warrant. I realize that they were looking for a cowardly killer, but I still could not help feeling bothered by the fact that people were allowing representatives of the state to intrude on their rights. Am I wrong about this? Did exigent circumstances exist that nullified the 4th amendment rights of the citizens?
I accept that an exigent circumstance rule exist, but as I understand there must be an imminent danger and there must still be "probable cause" before entering the property. I also realize that such situations are fluid and that no one definition exist. Per Wikipedia
Here is my delemma. Can an entire area, consisting of numerous privately owned properties, be concidered to be under exigent circumstances? Also, is there a time frame to "imminent"? Can "probable cause be stretched over such a large area, that it in effect becomes martial law? I don't know that I could view a door to door search lasting for hours to be imminent. I don't know that I could allow a LEO to search my property, simply because they are searching everyone's property. I realize they are looking for a murderer, and I would want to help them with their task, but I am not sure that should include surrendering my inalienable rights for such vagueries.
Would anyone else feel this way?
I accept that an exigent circumstance rule exist, but as I understand there must be an imminent danger and there must still be "probable cause" before entering the property. I also realize that such situations are fluid and that no one definition exist. Per Wikipedia
An emergency situation requiring swift action to prevent imminent danger to life or serious damage to property, or to forestall the imminent escape of a suspect, or destruction of evidence. There is no ready*litmus test*for determining whether such circumstances exist, and in each case the extraordinary situation must be measured by the facts known by officials.[1]
Here is my delemma. Can an entire area, consisting of numerous privately owned properties, be concidered to be under exigent circumstances? Also, is there a time frame to "imminent"? Can "probable cause be stretched over such a large area, that it in effect becomes martial law? I don't know that I could view a door to door search lasting for hours to be imminent. I don't know that I could allow a LEO to search my property, simply because they are searching everyone's property. I realize they are looking for a murderer, and I would want to help them with their task, but I am not sure that should include surrendering my inalienable rights for such vagueries.
Would anyone else feel this way?
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