Author Topic: Search Warrant Affidavit?  (Read 6363 times)

T.O.M.

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Re: Search Warrant Affidavit?
« Reply #25 on: November 12, 2012, 05:23:59 PM »
Let's put it this way...investigators come to the scene of a homeowner shooting.  They come in the front door.  Homeowner says "I'm waiting for mmy lawyer before I say anything."  Now, officers are in a bad spot, as they don't know how bad guy made entry, where the weapons are, if there is more than one location for this crime, etc.  Only thing they can dois get a warrant to investigate the shooting...
No, I'm not mtnbkr.  ;)

a.k.a. "our resident Legal Smeagol."...thanks BryanP
"Anybody can give legal advice - but only licensed attorneys can sell it."...vaskidmark

Hawkmoon

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Re: Search Warrant Affidavit?
« Reply #26 on: November 12, 2012, 07:15:57 PM »
Let's put it this way...investigators come to the scene of a homeowner shooting.  They come in the front door.  Homeowner says "I'm waiting for mmy lawyer before I say anything."  Now, officers are in a bad spot, as they don't know how bad guy made entry, where the weapons are, if there is more than one location for this crime, etc.  Only thing they can dois get a warrant to investigate the shooting...

???

That doesn't make sense. Well, maybe under your state's laws, but not here. Irrespective of whether or not the homeowner (or whoever that guy is who answered the door) elects to make a statement, the responding officers ARE entitled to require that he identify himself, and they are entitled to enter, secure the immediate area of the incident, and to collect and process evidence.

How far the "immediate area" extends may be subject to some interpretation, but the guy at the door certainly can't tell the cops to wait on the lawn while he relaxes inside -- possibly destroying or tampering with evidence.
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T.O.M.

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Re: Search Warrant Affidavit?
« Reply #27 on: November 12, 2012, 08:23:47 PM »
Maybe its because we fought so many suppression motions based on searches after the exigency ended...in other words the scene is secured and thus the emergency ended...that we were cautious. Lost a couple, so we trained officers to call for a warrant.  The hypothetical I'm thinking is the  homeowner secured the gun waiting for officers.  Medics declared the bad guy dead.  Cops ask ehat happened. Home owner says " I'm Joe Homeowner. This is my home. I won't be making a statement until I consult an attorney."  Period.  Cops ask where the gun is. Joe says lawyer.  Cops ask what happened. Joe says lawyer. Cops have two choices.  Ask for consent to search, or seek a warrant.  There is no exigency at this point, and the scene can be easily secured to protect evidence.

I know that this is probably being overly cautious, but that's me. 
No, I'm not mtnbkr.  ;)

a.k.a. "our resident Legal Smeagol."...thanks BryanP
"Anybody can give legal advice - but only licensed attorneys can sell it."...vaskidmark

Hawkmoon

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Re: Search Warrant Affidavit?
« Reply #28 on: November 12, 2012, 10:09:21 PM »
Around here, according to the prosecutor lady from the AG's office who teaches us all that search warrant-ish stuff, the exigent circumstances obtain from the moment the first responder gets to the scene until the last investigator goes home. That might be three minutes, three hours, or three days or three weeks. Once the scene is under the control of the investigating authority, it's THEIR scene, and Mr. Homeowner can sit on the lawn until the scene has been released.

Once the investigators depart, if they want to come back for a second look they need a warrant.

Mind you, the training I get is primarily for arson investigations, not homicides. But ... when responding to a fire, nobody can predict whether or not there will be bodies in the rubble, or evidence of arson. So ALL fire investigations are treated as potential arsons until arson has been ruled out.
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T.O.M.

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Re: Search Warrant Affidavit?
« Reply #29 on: November 13, 2012, 06:39:20 AM »
Hawk, I think you nailed that one, in that all fires are arsons until proven otherwise.  Only area of the criminal justice world where you investigate to innocence...
No, I'm not mtnbkr.  ;)

a.k.a. "our resident Legal Smeagol."...thanks BryanP
"Anybody can give legal advice - but only licensed attorneys can sell it."...vaskidmark