| Wolf Eagle |
 | |  | |  | |  |
| Who's Behind the Door? |
It is well settled law that if the police want to conduct a search of your property,
unless you give them your consent and permission to conduct the search, they have to
have a warrant to gain entry. Under the body of law on search warrants, when any
search conducted pursuant to a warrant was conducted, the police had to knock and
announce their presence, wait a reasonable amount of time; then they could enter. Fail
to “knock and announce” and the evidence obtained, even if it was evidence of illegal
activity covered in the warrant, could be thrown out of court. However, this has now
changed. You may hear the words "POLICE, SEARCH WARRANT" and the "knock"
you hear is the iron battering ram knocking your door off it's hinges.
The process of obtaining a warrant, for those of us that haven’t been to law school,
involved in the process of obtaining a warrant or haven’t watched Law & Order is as
follows:
Police determine they want to conduct a search of certain property. Then application
for a search warrant is made to a judge. This application includes a description of the
property to be searched, what is being searched for and other details. All of this is
supported by an affidavit, or a document signed under oath setting out the probable
cause for the warrant – the police generally do all of this. The application, together
with the affidavit, is reviewed by the judge. It should be pointed out that the person
who is the target of the search is not included in this process. Police are not going to
drop by and tell you that they plan to be back later with a search warrant. Nope,
doesn't work that way unless you're juiced in or something, right?
Once the independent review of the application and affidavit is conducted by the
judge, if the judge determines the police have met the probable cause burden of proof,
that it is more likely than not that the evidence the police seek will be found on the
premises, the judge will sign the warrant and then return it to the police who will then
execute the warrant, or, in laymen’s terms, conduct the search. Whether the officer lies
to the judge or not appears to not matter. I have sit and watched a United States
District Court judge refuse to hear evidence of a police officer lying in his federal court
while on the federal witness stand. It seems as though "lying" is the accepted norm so
long as the lie is for or against the biased liars intent.
With those words, to be subjected to a loss of your actual freedom and liberty by being
jailed based upon a lie is beyond evil. The only thing that can be done in my opinion is
to hold firm on my belief of, "I may not be able to stop someone from doing something
bad to me, but I can damn sure make them regret it". Who knows, I'm just passing this
stuff I keep self educating myself in...An eye for an eye, whatever works.
Like towards the end of the Guns N' Roses version of the song "Knocking on
Heavens's Door", on the soundtrack you can hear the man on the telephone say, "You
just better start sniffin your own rank subjugation Jack, 'cause it's just you and your
tattered libido, the bank and the mortician, forever man and it wouldn't be luck if you
could get out of life alive."
unless you give them your consent and permission to conduct the search, they have to
have a warrant to gain entry. Under the body of law on search warrants, when any
search conducted pursuant to a warrant was conducted, the police had to knock and
announce their presence, wait a reasonable amount of time; then they could enter. Fail
to “knock and announce” and the evidence obtained, even if it was evidence of illegal
activity covered in the warrant, could be thrown out of court. However, this has now
changed. You may hear the words "POLICE, SEARCH WARRANT" and the "knock"
you hear is the iron battering ram knocking your door off it's hinges.
The process of obtaining a warrant, for those of us that haven’t been to law school,
involved in the process of obtaining a warrant or haven’t watched Law & Order is as
follows:
Police determine they want to conduct a search of certain property. Then application
for a search warrant is made to a judge. This application includes a description of the
property to be searched, what is being searched for and other details. All of this is
supported by an affidavit, or a document signed under oath setting out the probable
cause for the warrant – the police generally do all of this. The application, together
with the affidavit, is reviewed by the judge. It should be pointed out that the person
who is the target of the search is not included in this process. Police are not going to
drop by and tell you that they plan to be back later with a search warrant. Nope,
doesn't work that way unless you're juiced in or something, right?
Once the independent review of the application and affidavit is conducted by the
judge, if the judge determines the police have met the probable cause burden of proof,
that it is more likely than not that the evidence the police seek will be found on the
premises, the judge will sign the warrant and then return it to the police who will then
execute the warrant, or, in laymen’s terms, conduct the search. Whether the officer lies
to the judge or not appears to not matter. I have sit and watched a United States
District Court judge refuse to hear evidence of a police officer lying in his federal court
while on the federal witness stand. It seems as though "lying" is the accepted norm so
long as the lie is for or against the biased liars intent.
With those words, to be subjected to a loss of your actual freedom and liberty by being
jailed based upon a lie is beyond evil. The only thing that can be done in my opinion is
to hold firm on my belief of, "I may not be able to stop someone from doing something
bad to me, but I can damn sure make them regret it". Who knows, I'm just passing this
stuff I keep self educating myself in...An eye for an eye, whatever works.
Like towards the end of the Guns N' Roses version of the song "Knocking on
Heavens's Door", on the soundtrack you can hear the man on the telephone say, "You
just better start sniffin your own rank subjugation Jack, 'cause it's just you and your
tattered libido, the bank and the mortician, forever man and it wouldn't be luck if you
could get out of life alive."
