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Post by Pete Richter on Mar 27, 2007 6:45:02 GMT -4
The mother of the 7 year old boy who was arrested, cuffed, photographed, and finger printed for sitting on a tiny motorcycle, was also arrested. According to a Police spokesman plainclothes Police chased a person who they suspected of being engaged in illegal drug activity. The suspect ran into a house, and the Police forced entry into the home. While inside they arrested the mother who was visiting relatives. No drugs were found. Keep in mind this is not a felony.
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Post by kl on Mar 27, 2007 7:08:15 GMT -4
Pete? Hows about creating a blog, and posting all this inane drivel there, and not here. This has to do with Kent Island exactly how?
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Post by shadow1 on Mar 27, 2007 8:37:34 GMT -4
Kl - it's the only thing his mind can focus on, unfortunately.
Pete - all legal, watch and see!
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Post by shoreterp on Mar 27, 2007 8:43:26 GMT -4
Good, maybe the 7 year old will learn to follow the law and maybe the mother will learn how to be a responsible parent.
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Post by jake on Mar 27, 2007 9:07:09 GMT -4
Doesn't really matter if its legal or not, because according to deputy "Police are not equal and yes at times us police break the rules! Thats life!, Big fat deal! "
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Post by shadow1 on Mar 27, 2007 9:18:23 GMT -4
And Deputy speaks for all Police Officers
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Post by ljp on Mar 27, 2007 11:55:20 GMT -4
I don't know why I don't look first to see who starts a thread before I open it...
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Post by gwbushdumb on Mar 27, 2007 12:10:01 GMT -4
Yes this is Illegal Entry. Only if the police suspected a weapon (gun) was involved they can enter. If not they need a warrant. They should have followed the law had watch on the house from all sides and gotten the required warrant.
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Post by shoreman on Mar 27, 2007 17:55:13 GMT -4
From the Maryland Criminal Law Article § 2-301. Elements and conditions of fresh pursuit; authority of officers. (a) Scope of section.- This section applies to a law enforcement officer of a jurisdiction in the State who engages in fresh pursuit of a person in the State. (b) Elements of fresh pursuit.- (1) Fresh pursuit is pursuit that is continuous and without unreasonable delay. (2) Fresh pursuit need not be instant pursuit. (3) In determining whether the pursuit meets the elements of fresh pursuit, a court shall apply the requirements of the common law definition of fresh pursuit that relates to these elements. (c) Conditions for fresh pursuit.- A law enforcement officer may engage in fresh pursuit of a person who: (1) has committed or is reasonably believed by the law enforcement officer to have committed a felony in the jurisdiction in which the law enforcement officer has the power of arrest; or (2) has committed a misdemeanor in the presence of the law enforcement officer in the jurisdiction in which the law enforcement officer has the power of arrest. (d) Authority of officer engaged in fresh pursuit.- A law enforcement officer who is engaged in fresh pursuit of a person may: (1) arrest the person anywhere in the State and hold the person in custody; and (2) return the person to the jurisdiction in which a court has proper venue for the crime alleged to have been committed by the person. [An. Code 1957, art. 27, § 602A(a), (b), (c); 2001, ch. 10, § 2.] So the answer is YES
PETE, things have changed since 30 years ago when you worked in the city. Please do your homework before starting something.
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Post by Pete Richter on Mar 27, 2007 18:30:47 GMT -4
shoreman........Correct me if I'm wrong. Is this what the law is saying? The citizen that commits a misdemeanor in front of a Policeman, but has not been physically arrested is subject to the fresh pursuit laws?....... Spitting on the sidewalk is a misdemeanor. Therefore the spitter, if he runs into your home, the Police can kick in your door to make the arrest? Have you read the case law on fresh pursuit? If the Policeman has in fact physically arrested the misdemeanor suspect, and the suspect then escapes, the Policeman can enter under the fresh pursuit law. The Sheriff entered a home in Churchville after viewing what he thought was a Marijuana plant growing in a bird cage. This is a misdemeanor, and the case was thrown out. Why?= The plant was made of plastic.
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Post by shoreman on Mar 27, 2007 19:59:36 GMT -4
I have quoted you the maryland law and provided the section.
In the case of the Marihuana Plant, if it appears exactly like a Marihuana plant and the officer acted in good faith, than the entry was lawful and obviously the case would be thrown out because it was a fake plant.
Bottom line on that case is that the officer acted in good faith.
Kinda like if an officer hears a woman screaming in pain from within a residence and when he enters the house, she's in the middle of sex with her husband....embarrassed yes...unlawful...no
Now, if those same painful screams are being heard and the officer did not enter immediately, he would be negligent for NOT entering to investigate.
Some of your examples are just plain ridiculous..(spitting on a sidewalk?) Come on now
Let's use some common sense here.
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Post by Mike on Mar 27, 2007 20:51:22 GMT -4
Shoreman - 1 Pete - 0
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Post by Pete Richter on Mar 27, 2007 22:43:36 GMT -4
Shoreman........ The officer can enter a home without a warrant when he has reasonable evidence to believe that a life or death situation is occurring. The woman screaming while having sex is not enough probable cause to kick the door down. Screams in its self is not enough probable cause. If she is screaming frantically, help me he is killing me, then it's a different story. What if your television is on, and the Police hear a murder mystery with gun shots?
In the case of the plastic marijuana plant in Churchville, the judge ruled that a warrant was necessary to enter the home. This was not a life or death situation.
If the Police had the right to kick your down door for a misdemeanor, that means every misdemeanor, including spitting on the sidewalk. You have to read the case law to know what the intention of the law is.
Your right with the Police acting in good faith in a criminal case. However, if he entered the home illegally, but in good faith, it doesn't protect him in the civil case. The crazy actions of the bad Cops are costing the taxpayers millions of dollars in law suits, along with tyeing the hands of the good cops even tighter.
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Post by shoreman on Mar 28, 2007 7:59:42 GMT -4
Seems like an appropriate time to say: Never argue with a fool. Someone watching may not be able to tell the difference. I'm done, on to the next subject
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Post by Frank on Mar 28, 2007 8:06:29 GMT -4
The content of the threads lately are boring me to death! I come to this site to find the happenings on and around Kent Island. The overkill of cop-bashing topics is becoming too much to view everyday. Doesn't anyone have anything else to discuss?
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Post by Frank on Mar 28, 2007 8:12:35 GMT -4
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Post by shadow1 on Mar 28, 2007 9:43:42 GMT -4
d**n - marijuana and plastic; talk about a nasty buzz ;D
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Post by Jason on Mar 29, 2007 13:10:06 GMT -4
I swear I clicked on the link for the Kent Island Forums and not the Crooked Baltimore City Cops Forum. What does ANY of this stuff have to do with Kent Island?
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Post by bchevy on Mar 29, 2007 18:37:32 GMT -4
The cops wont have to worry about him if he runs in here......
[stirs the pot]
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