Does this violate the constitution?

Does this violate the constitution?

This is a discussion on Does this violate the constitution? within the Off Topic & Humor Discussion forums, part of the The Back Porch category; Deputy forces his way into house, supposedly because of language used with a neighbor. Don't have all of the facts but deputy forces his way ...

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Thread: Does this violate the constitution?

  1. #1
    Member Array Djroulette's Avatar
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    Does this violate the constitution?

    Deputy forces his way into house, supposedly because of language used with a neighbor. Don't have all of the facts but deputy forces his way in, doesn't ID himself or give a reason for arrest. Man is charged with battery in an officer, and resisting arrest.

    Man seeks answers as Jefferson Parish arrest video goes viral | Local News - Home
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  2. #2
    VIP Member Array Harryball's Avatar
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    IMO Yes...
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  3. #3
    VIP Member Array NONAME762's Avatar
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    One good lawyer later the arrested person should be owning everything that deputy once owned.
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  4. #4
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    In a word, YES!
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  5. #5
    Distinguished Member Array Dan060's Avatar
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    I have nothing against LEOS..I have two family members that are.That said that LEO in the video should be fired,
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  6. #6
    VIP Member Array ksholder's Avatar
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    Sure would be nice to see more up front - like how the door got opened and why the cop was there. From what is on the video, I am not impressed, but if he was in hot pursuit, then all bets are off.
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  7. #7
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    I usually tend to side with the police, and probably would if there was not video. He is a uniformed officer in broad daylight. The video picks up when he's got his foot in the door. We don't see what happened before that, but I'm not buying that the man did not know it was a law enforcement officer. It's also stupid, IMO, to force his way into a house with a bunch of people in it and a bunch of unknowns without back up unless no backup was available, which again, we don't know.

    That said, the officer didn't articulate any reason for forcing his way into the house, indicate he had warrants issued, or declare any probable cause. How can you arrest someone for "resisting arrest" only? Isn't that almost always an accompanying charge for the reason you are arrested? They can detain and hold you for questioning, but the guy said right off the bat "you're under arrest". That pretty much insists that the officer believes a crime has been committee and intends to charge the perpetrator for it. They don't get to arrest whomever they want and think up a charge later. That's third world, banana republic style.

    At the very least this has to be pretty poor police work. If he has asked the guy to go to the station for questioning I think it would be a different matter. The officer did not seem to be able to come up with any reason for the arrest other than the guy was aggravating him (he would have aggravated me too), but saying you're under arrest for resisting arrest can't be legal.
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  8. #8
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  9. #9
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    Let the federal courts figure it out.
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  10. #10
    VIP Member Array Bad Bob's Avatar
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    Even with arrest warrants we were required to have a search warrant before entering a residence. The only exclusion is exigent circumstances and I did not see any of those.
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  12. #12
    VIP Member Array OldVet's Avatar
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    I like the comment: Cooperate now, litigate later.

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  13. #13
    Ex Member Array Longstreet's Avatar
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    We have no idea what happened before the video. There isn't enough info available for anyone to make an informed conclusion. The cop entering and arresting the suspect, in and of itself, is not necessarily illegal or wrong. Again, it all depends on what happened immediately prior to the video.

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