28 Comments on Cops Walk Away After Being Confronted With the Law By a Homeowner
Texas cops would have dragged him out anyway.
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Now, picture that same encounter withOUT the Fourth Amendment.
Not sure what the point of that was. If he didn’t want to talk to them, all he had to do was not answer the door. Or if, having answered the door, he wanted to get them to leave in the least amount of time, he would likely have gotten it over with pretty quickly by not being contentious.
Apparently, he just wanted to be a youtube hero. Seems goofy to me, but I guess he won if you can call it that.
If he didn’t answer the door they would have knocked it down.
I thought the video was excellent.
Not answering the door would have caused more issues. I think he handled it well. Cops knock on my door, I will answer it. I may not step out.
He handled it perfectly. Those cops were belligerent. As Stranded says: Fourth Amendment, Fourth Amendment, Fourth Amendment.
That dude will be on their shitlist forever. He’d better never get a traffic ticket.
That cop on the left was one arrogant son of a bitch.
What amazes and scares me is that these clowns don’t even know the law!
The guy handled it perfectly.
We can learn from this.
Favorite question. “What is that?” If he has to ask that, why is he a cop?
I wouldn’t have let them in, either. ESPECIALLY after the one told him not to record the exchange! Who knows what they would’ve done? The cops were waaaay out of line!
He’s damned lucky they didn’t drag him out and kill him.
Wouldn’t have been the first, or the last, time.
The video musta caused em some confusion … thugs work better in the dark.
Police in America are fast becoming as bad as the criminals they are looking for. All Americans should read what are rights are and if this sort of thing happens to you then you’ll be prepared to act the correct way. The first thing is not to let them into your home. If you do that them all is lost and they can search anything and everything they want. Like the old story that says a vampire can not enter a house if he isn’t invited. Same thing applies here. Allow them to enter and I bet nine out of ten times they will find (?) something to “take you downtown for more questioning.” And then you’ll have to pay a bunch of money for a lawyer to get you out. As long as you’re polite there isn’t anything they can do except to go get a warrant and return. Most police aren’t going togo through that trouble unless they really know you’ve done something wrong. They have to get a judge to sign a warrant and he or she isn’t going to be to happy, unless it’s a democrat, being bothered at home in the middle of the night.
Too bad they didnt knock on shmoe bidens door
Without streaming video with immediate upload to multiple YouTube accounts, they would have beat that citizen, invaded his home, shot his dog and thrown survivors in jail.
You guys amaze me.
I disagree. The homeowner was being a dick. Yes, I know the letter of the law but sometimes you have to look at the situation and improvise a bit.
The cop on the left seemed a little bit tense but no way out of control. And the one on the right could not have been more reasonable.
Some animal just committed a violent crime and they got information he ran to that house. Time is of the essence and the cops have no idea whatsoever whether this homeowner is harboring a criminal or even being told to get rid of the cops by a maniac with a gun to his wife’s head.
I’ve been in a similar situation and the last thing I wanted was the cops wasting time arguing me with me while some savage roamed the neighborhood.
But you can see why these neighborhoods are like this when the residents won’t lift a finger to cooperate to help catch a criminal.
I generally take the side of the law but I support this homeowner on this issue.
Stupid fat cops give all law enforcement a bad name.
Couple points- the cop stated they were looking for a violent felon who was believed to have run to that home, which if they actually knew that to be true they would have A) had their guns drawn and B) not needed a warrant as they were in pursuit of a felon which is a valid exemption-exigent circumstance. That they were standing there with only flashlights and knocking on doors ‘asking’, they didn’t have a leg to stand on other than gaining consent to enter. That they walked away when the resident denied them entry shows they knew they had no probable cause or exigent circumstance to enter that house. Also, if anyone knocks on my door in the middle of the night I’m not going to be polite no matter who they are and there was nothing inappropriate with how the resident handled the cops. The cops likewise tried their tricks to get in, after all it is perfectly legal for them to lie to you. If they truly believed that the perp was in there they wouldn’t have simply let it go and would have showed up prepared to go in. This was the second floor of an apartment complex from what I can see in the video so even if there was a felon inside, they could have simply waited outside to prevent him from fleeing and called in a telephonic warrant which is available 24/7/365 as long as you have probable cause. I say that as someone who has experienced a similar situation firsthand, and not the perspective of victim/perp. This resident did it right.
I don’t believe them whey they claimed information the suspect had entered his home. Hot pursuit of a violent felon, harboring a suspect both are probable cause.
They left because of the instant, disseminated video and because their claim was a lie.
Did they come back with a warrant?
No PC, no warrant. It was knock-and-talk bullshit.
Okay, sapper and irony are making some sense.
However, no, they cannot force their way in even if they believe the criminal they are hunting is in there. That would only be legal in the case of what is called “fresh pursuit” and that only applies if you are actually chasing him and don’t lose sight of him. Otherwise, you would need a warrant.
A police officer, or anyone else for that matter, can also force his way in if he can articulate a level of urgency that would risk serious injury or loss of life if he didn’t act. For example, you wouldn’t expect to be prosecuted for breaking in to someone’s home to rescue their baby if the house was on fire. That would obviously apply to a fireman, but also to anyone else.
In this case, however, there was no urgency articulated; they were searching for a suspect in a violent assault. To enter your home they would have to have your permission or a warrant. The normal procedure if you believe he is in there and you are refused entry is to adequately surround the place to keep anyone from leaving while someone wakes up a judge and gets a warrant. Then you come back and enter under color of the warrant, with or without permission.
The dipshit filming this simply delayed them canvassing the apartment complex unnecessarily.
Dammit, I’ve been that deputy. All you want is to either find your bad guy or know he isn’t in there so you can move on.
Funny, to me anyway, how so many people that I otherwise like and respect alternate from ridiculing cops as lazy doughnut eaters to jackbooted thugs. Which is it? From my first hand experience, 90% are some of the best people you’ll meet, doing a sometimes difficult job as best they can while having to overcome a lousy public perception. It probably all stems from cloward piven techniques having us fighting among ourselves and destroying civilization.
Oh, there are those other 10% that need to be doing something else. I saw that in the jailer that smacked the prisoner in the video the other day. But these two guys, considering the pressure they were under to try to find a violent criminal and faced with the camera wielding butthole, I thought they did fine.
Yeah, just one man’s opinion. But I *have* done the job.
Also, sapper, you don’t draw your weapon, or shouldn’t anyway, unless you are about to fire, or a least thing there’s a very good chance of it.
Once you draw it, you are not able to function normally, plus you’re in much greater danger of having it taken from you or dropping it for that matter.
Think about it…if you have your pistol out and find the person you are looking for, how are you going to restrain him? You’re one handed! You can’t put handcuffs on him, you can’t climb over a fence worth a damn, or a ladder for that matter. A proper police holster is designed for weapon retention; it’s hard to get the pistol out for anyone except the person wearing it. But it’s also somewhat clumsy to put it back in properly too, often requiring both hands to do properly. You sure as hell don’t want to draw your pistol and do a half-assed job of putting it back in the holster, then have it fall out when you’re chasing a guy down an alley or over a fence or, worse, while you’re struggling with him trying to get cuffs on him.
No, leave it in the holster unless you’re very sure you’re about to need it.
@IronyCurtain – If the police think the guy ran into that apartment – then after this exchange with the guy – they should have someone watch the apartment to make sure the suspect doesn’t leave while they get a warrant.
It’s not that policemen don’t know the law – they just figure the average American doesn’t know the law, and Americans (white ones anyway) have become so cowed by their aggressiveness, they just do what they’re told – and get screwed. Not that everyone confronted is innocent – but in the mind of the police, everyone they confront is guilty – they just have to find what you’re guilty of. If you think the police are your friends these days, you’re being naïve.
And if you assume the police are your enemy, you’re being incredibly cynical.
Why not treat police like you do a clerk in a store? If he’s friendly, open, competent, treat him as such. You can always recalibrate your responses as you go. But to start the conversation off contentiously is asinine.
@Obama please-you and I are on the same page, my reference to having gun drawn was in the instance of hot pursuit meaning door is going down and going after fleeing felon-exigent circumstance. if I’m knock and talking, there isn’t going to be a gun drawn. Just as we both said to paraphrase-been there, done that.
If you allow the police into your home to look for “a violent criminal” and they see something other than a violent criminal that they believe is illegal, they are allowed to arrest you even though the stated purpose of their search is a person other than you.
However, if the police get a warrant to search your house for said violent criminal and they see the meth lab in your kitchen, they can’t touch it. And they can’t get another warrant, even at a later date, to seize the meth and arrest you. It’s off limits. But any court WILL put a reasonable time limit on that knowledge. Say, a year later a court would most likely grant a warrant and it would probably be sustained.
This is why you NEVER let a police officer into your house when he is searching for someone. There are so many laws today that even as I just sit and write this, I am probably breaking one. You WILL be found to be a criminal.
Camera guy was absolutely right. Cops set the tone from the get-go. Had they approached this the right way, they could have gotten a witness statement from the homeowner. Instead they got belligerent and pissed him off. I support cops when they are right. I have no use for stupid, poorly trained cops who lie in order to gain entry.