"Animal Charity humane agents made illegal entry on the property last Wednesday"
That's bogus.
A) There are essentially six scenarios that justify warrantless entry into a residence:
• Rescue: Rescue of someone in imminent threat of death or serious injury. • Property damage: There must be an imminent threat of substantial property damage. • Public danger: Includes dangerous hazards or instrumentalities. • Destruction of evidence: Prior to entry, officers must have probable cause to believe that evidence of a crime is on the premises and the officers are aware of specific facts which reasonably indicate the someone on the premises would destroy or remove the evidence prior to warrant issuance. United States v Miravalles (280 F. 3d 1328 (2002) Eleventh Circuit
For further information, google: warrantless entry exigent circumstances.
Out-of-state dog owners claim remains of their pet
"Animal Charity humane agents made illegal entry on the property last Wednesday"
That's bogus.
A) There are essentially six scenarios that justify warrantless entry into a residence:
• Rescue:
Rescue of someone in imminent threat of death or serious injury.
• Property damage:
There must be an imminent threat of substantial property damage.
• Public danger:
Includes dangerous hazards or instrumentalities.
• Destruction of evidence:
Prior to entry, officers must have probable cause to believe that evidence of a crime is on the premises and the officers are aware of specific facts which reasonably indicate the someone on the premises would destroy or remove the evidence prior to warrant issuance.
United States v Miravalles (280 F. 3d 1328 (2002) Eleventh Circuit
For further information, google: warrantless entry exigent circumstances.
October 29, 2008 at 9:36 p.m. permalink suggest removal