Court: Cops can enter home if dog in distress - Page 2

If they go in and do a warrantless search for anything but the dog, they will be in trouble and it won't hold up in court. They will only be able to act within their probable cause to go in...UNLESS lots of criminal stuff is out in plain sight. They will not be going thru anyone's closet because they heard a dog crying--unless that's where the dog is. They MIGHT use a law like this to gain access to the house of someone they know is engaging in criminal activities, but even so, they won't get carte blanche to go into every nook and cranny.

"They MIGHT use a law like this to gain access to the house of someone they know is engaging in criminal activities,"

Or suspect, perhaps wrongly, that they are engaging in criminal activities.

So BINGO, that's it. They just might use this law to gain illegal access to someone's home!  NO.  Not in my country.  You don't do illegal searches.  Period.

OK, that's fine. Whatever. Then write to your senator or something..... 

LOL, perhaps I will. I think the 4th Amendment is a good one.  Besides, your point about not being able to look anywhere else is not valid.  From the original article:

"Police went to see Chung.....There he found....the body of another dog in the freezer, the court said."

You think he heard whimpering from the freezer?  I think not.
 

No. I think he found the first injured dog, and THAT gave him probable cause to search further. 

Well, we'll see.  I think the probable cause in this case was the guy lying to the cop that there was no animal when the officer and others clearly heard it.  Lying to police officers is generally not a good idea.

But after the institution of the Patriot Act, which eliminated so many probable cause requirements, it bears watching.  Thank God the librarians and the bookstores (at least Borders) stood up and said no, you will not come in here and look at who checked out/bought what unless you have a warrant.

Like that Humboldt County case awhile back where the police had no probable cause, so they would go to people's homes, knock on the door, and ask directions, hoping to be let in so they could look all around and hopefully see something so they could get a warrant.  If the USA starts going down that path, bad, bad news.

You're probably right, Tess. I just have never cared if I had cops in the house. Not long ago I got shaken down by a SWAT team. I didn't care.  They were looking for a murderer and I didn't happen to have one. They had to search my illegal henhouse (not allowed in the city limits!) but they didn't report me! WOOHOO! And they didn't shoot my dogs, either, so I was happy. LOL

When I read the article the first thing I thought was "Ugh" now they can invite themselves in any ol' time. Hey Im all for the police but Im also for probable cause and search warrants if need be. Although the guy in the story is obviously a dirtbag, it could open the door to more then we all bargain for.

Of course, this begs the question, Who tells them NO if they ask to come in? And why? Do you, Baugh? I guess I COULD tell them no because I don't want them to find my illegal henhouse, but that's about it for stuff I don't want to be in trouble for.  The thing is, I'm ALL FOR IT if they want to catch a criminal. Makes my ghetto neighborhood safer.

Personally I get all over-excited and hyper when the cops board my house! You know, like "YAY! We could have a pig pile any second!" Then I just get on their nerves. :(