SSilicon, please read what I said in my original post and read it verrrrry carefully this time. I'll repeat it and explain.
USAFNodak wrote:Well, theoretically, if they ask for permission to search, they are not doing anything illegal, unless they come back with a warrant which says that refusal to let them search constituted probable cause that the home owner was hiding something.
So, if they came back with a warrant that they'd managed to get some liberal judge to issue, THAT WOULD BE ILLEGAL ON THE GOVERNMENTS PART!
But that doesn't mean those types of things haven't happened in the past. Cops conduct warrantless searches all the time.
I agree with you that the cops cannot "legally" ask to search, and if you refuse, seek a warrant to come back and do a legal search under warrant. It all depends upon the judge who would issue such a warrant and how the cops sell it to him.
Your honor, we'd like a warrant to search address 123 for drugs and guns.
Judge, "what's your probably cause?"
Cops, "We have a tip from a very reliable source that the owner is in possession of illegal guns and drugs"
Does the judge issue the warrant? He shouldn't. Would a liberal judge who is against gun ownership be more likely or less likely to issue a warrant? Hard to tell. If he did issue a warrant, this would be a time for the ACLU to get very involved.
Now do you get where I'm coming from? I'm not saying the warrant would be legal, but would the cops be able to get one? If they did, would the homeowner be legally obligated to let them search? I believe they would, and they'd have to get it sorted out later in court.
USAFNodak wrote:Well, theoretically, if they ask for permission to search, they are not doing anything illegal, unless they come back with a warrant which says that refusal to let them search constituted probable cause that the home owner was hiding something.
So, if they came back with a warrant that they'd managed to get some liberal judge to issue, THAT WOULD BE ILLEGAL ON THE GOVERNMENTS PART!
But that doesn't mean those types of things haven't happened in the past. Cops conduct warrantless searches all the time.
I agree with you that the cops cannot "legally" ask to search, and if you refuse, seek a warrant to come back and do a legal search under warrant. It all depends upon the judge who would issue such a warrant and how the cops sell it to him.
Your honor, we'd like a warrant to search address 123 for drugs and guns.
Judge, "what's your probably cause?"
Cops, "We have a tip from a very reliable source that the owner is in possession of illegal guns and drugs"
Does the judge issue the warrant? He shouldn't. Would a liberal judge who is against gun ownership be more likely or less likely to issue a warrant? Hard to tell. If he did issue a warrant, this would be a time for the ACLU to get very involved.
Now do you get where I'm coming from? I'm not saying the warrant would be legal, but would the cops be able to get one? If they did, would the homeowner be legally obligated to let them search? I believe they would, and they'd have to get it sorted out later in court.