Comments on: The answer is always no

By: -

Tue, 20 Nov 2007 13:20:06 +0000

Discretion would be used if they found other items or illegal activity.

Oh, they'd use discretion would they? I think i have an inkling how such discretion would work out, in the minds of at least some officers.

By: Gregg

Gregg — Tue, 20 Nov 2007 10:02:52 +0000

Right, just like LEOs NEVER use refusal of consent as probablr cause when asking to search a vehicle.

By: Xrlq

Xrlq — Tue, 20 Nov 2007 04:53:29 +0000

And how long will it be before the fact that a parent refused to consent (the few who are willing to suffer the harassment that would bring) is used as probable cause for a warrant?

Never. The case law is pretty clear on this point. If a cop asks you for permission to go on a fishing expedition, and you say yes, you deserve what you get. If you say no, that can’t be used against you. That said, I have little doubt that there will be cases where cops who have probable cause to obtain a warrant try getting a voluntary search first, then seek a warrant after it is denied. That will leave criminal defendants convinced, rightly or wrongly, that their refusal to allow a voluntary search formed the basis of the warrant.

By: Lyle

Lyle — Tue, 20 Nov 2007 00:32:26 +0000

No need to ask here. Our teenager keeps his hunting rifle, and usually a shotgun too, in his bedroom. If he leaves it anywhere else in the house, his mother will complain: “Take that upstairs to your room!” she will demand, “I’m tired of tripping over it.”

But then, this isn’t then leftist hell hole of Massachusetts. We raise our own kids here, rather than let the government do it, and we, ya know, teach them things. There is a very high percentage of high honor roll students here, and ours is one of them. [/bragging] Gee, ya think there’s a link there? Naw, just turn on the TV and let ‘em veg out, then call the cops if there’s a problem, or blame the Republicans. Either way, so long as it’s easy and you can do it while stoned.

By: Cactus Jack

Cactus Jack — Mon, 19 Nov 2007 19:15:25 +0000

If the folks in Beantown dont raise hell about this obvious violation of the 4th ammendment then they deserve the consequences. And where did Boston PD get the authority to do this?

“If officers find a gun, police said, they will not charge the teenager with unlawful gun possession, unless the firearm is linked to a shooting or homicide.” Does anyone really believe this? That the LEOs are ONLY going to confiscate a handgun that’s in the posession of a minor and do nothing else? Smoke another bowl if you do.

By: Phelps

Phelps — Mon, 19 Nov 2007 18:02:48 +0000

Let me get this straight: the police want to go to poor black neighborhoods, and ambush parents unannounced to ask for warrantless searches? And we are supposed to be believe that this is something that is freely consented to? And how long will it be before the fact that a parent refused to consent (the few who are willing to suffer the harassment that would bring) is used as probable cause for a warrant? (And a no-knock entry, of course, since it is a warrant to search for a gun that may-or-may-not be there.)

By: blackfork

blackfork — Mon, 19 Nov 2007 16:51:24 +0000

The answer is to raise taxes, grow the bureacracy and expand government!

There oughtta be a law! Make that TEN laws!

By: Blounttruth

Blounttruth — Mon, 19 Nov 2007 14:55:05 +0000

This is bad, but to bring attention to a more important issue I urge everyone to contact their representative and tell them no to bill HR1955!!

So long Constitution, the new world order wins….