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Old 10-05-2003, 05:24 PM   #1
akolgan
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Default Is this illegal?

Is it illegal for a cop to tell you that you will be sent to jail if he is not allowed to enter your home? Will it hold up in court?
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Old 10-05-2003, 06:23 PM   #2
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this is incredibly vegue. ithink if were going to be able to help you, we will need more info.

But if he has a reason to send you to jail, they would be able to get a warrant; in which case, yes they can enter your house. And I think if you say they can come in, then they are allowed to. and if they see anything incriminating out in the open, then they can charge you with it.

of course i'm not an leo so i wouldn't know for sure
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Old 10-05-2003, 06:57 PM   #3
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If they have a warrent, yes.
If they dont have a warrent, no.
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Old 10-05-2003, 07:40 PM   #4
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Default Re: Is this illegal?

Quote:
Originally posted by akolgan
Is it illegal for a cop to tell you that you will be sent to jail if he is not allowed to enter your home? Will it hold up in court?
No, it is not illegal. A cop can tell you pretty much anything he wants. However, if he has no warrent and no probable cause, it is illegal for him to actually send you to jail for not letting him in.
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Old 10-05-2003, 11:50 PM   #5
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If one were put in this situation, just open the door and look at the cop. If he has a warrant and a legal reason to enter, then he will come in regardless, probably without asking. If not, he will most likely stand there, looking in and asking if he can come in. But then again you should ask an leo.
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Old 10-06-2003, 01:19 PM   #6
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Cops can lie to your face and they do it all the time. My uncle is a cop and he was telling me one time they were investigating a robbery, they had 2 people in questioning. They didnt have enough to arrest them so he came into the interregation room and put down a tape and said they were on it stealing the boxes and would they care to confess. They did. The tape was blank.
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Old 10-06-2003, 06:26 PM   #7
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We've gone over the police ability to lie and when they can a lot of times on here. And I've cited examples where most people agree that the ability to lie is a good thing.

In the case you are asking about, they could lie, but the search would be invalid, so lying would be stupid. Why go through the trouble and the resulting paperwork when you KNOW the arrest won't stick.
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Old 10-08-2003, 05:49 AM   #8
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Quote:
Originally posted by footix
Cops can lie to your face and they do it all the time. My uncle is a cop and he was telling me one time they were investigating a robbery, they had 2 people in questioning. They didnt have enough to arrest them so he came into the interregation room and put down a tape and said they were on it stealing the boxes and would they care to confess. They did. The tape was blank.
You must have missed a bit of the story, since they would have already been under arrest if they're in an interrogation room...

Tricking people into confession is allowable, as far as I know, and it's practiced quite a bit. They could ask to look at the video, and if they had any legal representation at all, that wouldn't have been successful.

Now that I think about it, that sounds more like an urban legend than the actual truth...
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Old 10-08-2003, 06:48 AM   #9
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Now that I think about it, that sounds more like an urban legend than the actual truth...

I have no trouble believing it. The only thing I have trouble believing sometimes is the things criminals will fall for. Some of the worst are sex offenders. When I worked sex crimes, I was amazed at the crap pedos and rapists would fall for.

Ruses are perfectly legal and most people have no problem with them most of the time.

The biggest mistake some cops make is using a ruse that the guy either knows is not true or can easily prove is not true. For example, telling a guy that we found his fingerprints on the table when he knows he was wearing gloves. At that point, he knows I'm full of sh*t and I just gave him the advantage. So I always caution new officers about the juducious use of ruses.

But you should never use a ruse that deprives a person of their rights. In the case akolgan presented, the persons rights would be violated and the court would toss any evidence gathered. In the case footix spoke of, the suspects rights weren't violated, so it would be legal.

Some of you might think we don't care about that, but we do. Other than doing something unethical on purpose bothering us, it can cause problems in court. When it comes out, the judge remembers you. And judges talk to each other. It's like that saying: You can lay a thousand bricks, but that doesn't make you a bricklayer. But f*ck one mother and you're a motherf*cker for life (or other variations). You could have had a hundred good cases in front of that judge, but try to pull a fast one on him and THAT will be the only thing he remembers about you from then on.
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Old 11-21-2003, 04:41 PM   #10
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Quote:
Originally posted by Niteshift
We've gone over the police ability to lie and when they can a lot of times on here. And I've cited examples where most people agree that the ability to lie is a good thing.
and people wonder why our justice system is so messed up....
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