@Taxpayinmercan@rip687@Isabellaan57274 Agreed in reality I believe your correct and hope so because I hope cops aren't putting patrons through thisss. Especially with indicating they're going to sic that dog on him for practicing his constitutional right
@frecklemonade_ Right! Smh she’d like claim domestic abuse for battery and assualt but his defense however would be he was in hot pursuit of her stealing his phone. They would then check to see if he used reasonable force to get his phone back which evidence would show he likely did.
@soldier4545@rip687@Isabellaan57274 If you’re referring to a Ninth Circuit case that reaches a different result on these facts, I’d be interested in the citation.
@soldier4545@rip687@Isabellaan57274 Assuming this was a 3rd party home, officers generally can enter simply b/c they have PC or even an arrest warrant for someone else. Absent consent, exigent circumstances, or another recognized exception, they generally need a search warrant to enter and search the home.
@rip687@Isabellaan57274 Clear 4th amendment violation. Even their obstruction of justice statement wouldn’t hold because they were not lawfully permitted to be there ie curtilage of his home once he asked them to leave or produce a warrant
@rip687@Isabellaan57274 In CA if this is that the gentleman’s home. They do need a search warrant and the warrant for arrest does not satisfy the search warrant requirement. They would only be able to enter w/o warrant in limited circumstances (consent, SILA, exigent circumstances) none shown.