It sounds like the police were trying to get her to come outside of the house so they could arrest her. This would of course get around the warrant requirement to arrest her inside of her house.
They didn’t mean seize the house as in take it, they meant seize the house while they obtain their search warrant, i.e. prevent any parties from destroying evidence within the house. Lawful. Don’t know what they’d find, but lawful. Also, the 20 Officers were responding to an assault on an officer, not to a crossbow complaint. This article was poorly written and horribly slanted. Sensationializing reality happens on both side of the fence.
Yup. They wanted her to come out for two reasons. One, so they could arrest her, and two, so that there would be a minor without adult supervision in the house… and that would give them an excuse to enter and search the house. They also, I’m guessing, wanted the age of the child so they could call CPS.
The smear campaign is on ludicrous speed at this point. A couple of the articles I’ve read made a big deal at the end of saying that the furnace in the house was shut off (but that they had space heaters) and that the “only” food in the house was a can of beans and a cup of rice.
Which is a shitty way of saying that the kid had two parents, shelter, food and heat while insinuating that she didn’t have any of that. The fact that the cops went that petty that fast tells me that they’ve effed the chicken bigtime, and aren’t stopping anytime soon. That’s a Janet Reno / Branch Davidian caliber smear there.
Jeff, I think you have confused something here. If the officer has no reason to go into the house, they may NOT occupy it while waiting for a search warrant, they may only surround it. At least that was the current Search and Seizure law in the Federal District of Oregon when I retired 7 years ago.
The games about coming outside are well known. Once the cops lure you out past your front door, anything you do but comply with their orders give them probable cause that you are either making a public disturbance (illegal) or maybe even displaying mental confusion of the level requiring immediate psychiatric examination.
My take on this is that the cops wanted the man in jail for some past deal, and wanted into the house because of some informant’s tip on drugs, guns, etc. If this is the case, we are only hearing half the story. Who hit who? Probably never know that unless there is a Rodney King type video available.
@Rivrdog They have a valid reason to apply for a search warrant-the retrieval of the crossbow, which the wife admitted was in the house( and if they can get a statement from the 911 caller, they can show he was shooting it outside the house). They also have the blood on the door, which shows it is a crime scene. I agree with you that there is probably more going on here than meets the eye, but there is no footage of the event transpiring that lead up to his arrest. Unprovoked flight is reason for stop. Did he have something else on him? Is there a past history of violence with this guy? Was there an outstanding warrant? All we have is a 20 minute video of the aftermath of an assault on a police officer, and a group of cops that get scared when they see a camera. This doesn’t merit an outroar of freedom fighter outrage. A guy got arrested for breaking the law.
December 29th, 2010 at 11:51 am
It sounds like the police were trying to get her to come outside of the house so they could arrest her. This would of course get around the warrant requirement to arrest her inside of her house.
December 29th, 2010 at 12:51 pm
They didn’t mean seize the house as in take it, they meant seize the house while they obtain their search warrant, i.e. prevent any parties from destroying evidence within the house. Lawful. Don’t know what they’d find, but lawful. Also, the 20 Officers were responding to an assault on an officer, not to a crossbow complaint. This article was poorly written and horribly slanted. Sensationializing reality happens on both side of the fence.
December 29th, 2010 at 1:02 pm
Yup. They wanted her to come out for two reasons. One, so they could arrest her, and two, so that there would be a minor without adult supervision in the house… and that would give them an excuse to enter and search the house. They also, I’m guessing, wanted the age of the child so they could call CPS.
The smear campaign is on ludicrous speed at this point. A couple of the articles I’ve read made a big deal at the end of saying that the furnace in the house was shut off (but that they had space heaters) and that the “only” food in the house was a can of beans and a cup of rice.
Which is a shitty way of saying that the kid had two parents, shelter, food and heat while insinuating that she didn’t have any of that. The fact that the cops went that petty that fast tells me that they’ve effed the chicken bigtime, and aren’t stopping anytime soon. That’s a Janet Reno / Branch Davidian caliber smear there.
December 29th, 2010 at 5:08 pm
Jeff, I think you have confused something here. If the officer has no reason to go into the house, they may NOT occupy it while waiting for a search warrant, they may only surround it. At least that was the current Search and Seizure law in the Federal District of Oregon when I retired 7 years ago.
The games about coming outside are well known. Once the cops lure you out past your front door, anything you do but comply with their orders give them probable cause that you are either making a public disturbance (illegal) or maybe even displaying mental confusion of the level requiring immediate psychiatric examination.
My take on this is that the cops wanted the man in jail for some past deal, and wanted into the house because of some informant’s tip on drugs, guns, etc. If this is the case, we are only hearing half the story. Who hit who? Probably never know that unless there is a Rodney King type video available.
December 29th, 2010 at 6:58 pm
Law? What is law? You don’t got thousands of dollars for a lawyer, the law only points at you, not the cops.
December 29th, 2010 at 8:30 pm
The woman should have just finished filming from inside the house. Do not go out on the porch with the cops. They like to play dirty pool…
December 30th, 2010 at 12:14 pm
@Rivrdog They have a valid reason to apply for a search warrant-the retrieval of the crossbow, which the wife admitted was in the house( and if they can get a statement from the 911 caller, they can show he was shooting it outside the house). They also have the blood on the door, which shows it is a crime scene. I agree with you that there is probably more going on here than meets the eye, but there is no footage of the event transpiring that lead up to his arrest. Unprovoked flight is reason for stop. Did he have something else on him? Is there a past history of violence with this guy? Was there an outstanding warrant? All we have is a 20 minute video of the aftermath of an assault on a police officer, and a group of cops that get scared when they see a camera. This doesn’t merit an outroar of freedom fighter outrage. A guy got arrested for breaking the law.