The answer is always no
Boston police are launching a program that will call upon parents in high-crime neighborhoods to allow detectives into their homes, without a warrant, to search for guns in their children’s bedrooms.
The program, which is already raising questions about civil liberties, is based on the premise that parents are so fearful of gun violence and the possibility that their own teenagers will be caught up in it that they will turn to police for help, even in their own households.
In the next two weeks, Boston police officers who are assigned to schools will begin going to homes where they believe teenagers might have guns. The officers will travel in groups of three, dress in plainclothes to avoid attracting negative attention, and ask the teenager’s parent or legal guardian for permission to search. If the parents say no, police said, the officers will leave.
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.
Discretion would be used if they found other items or illegal activity.
November 19th, 2007 at 10:55 am
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….
November 19th, 2007 at 12:51 pm
The answer is to raise taxes, grow the bureacracy and expand government!
There oughtta be a law! Make that TEN laws!
November 19th, 2007 at 2:02 pm
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.)
November 19th, 2007 at 3:15 pm
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.
November 19th, 2007 at 8:32 pm
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.
November 20th, 2007 at 12:53 am
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.
November 20th, 2007 at 6:02 am
Right, just like LEOs NEVER use refusal of consent as probablr cause when asking to search a vehicle.
November 20th, 2007 at 9:20 am
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.