hottboiinnc
ME
join:2003-10-15
Cleveland, OH
 ·Time Warner Cable
·buckeye cable
| reply to MemphisPCGuy
Re: You may have the right...
They'd barge in my house my roommate would shoot them LoL. She'd claim breaking and entering which gave her the right to shoot them.
The FCC is not a law enforcment agency and does not have the right to barge in any house or anything.
If they want in they need to go and get a warrant just like the police have to.
But i agree with you! |
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MemphisPCGuy
Senior Systems Engineer
Premium
join:2004-05-09
Memphis, TN
·Comcast
3 edits | Not sure, but the whole Bang Bang Bang "Open up this is the FCC..." may make that a shakey defense at best .. especially if her Microwave is unshielded.
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Onsite Computer Support in Memphis
»www.memphispcguy.com |
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hottboiinnc
ME
join:2003-10-15
Cleveland, OH
·Time Warner Cable
·buckeye cable
| It would fall under Breaking and Entering and defending your property here.
If you break in someone's house and they shoot you when you are in their house, the person that shot is at fault. That would include the FCC due they would not be invited and they are not a law enforcement agency. They do not have any powers to enter any house with out a warrant regardless. If they would apply for a warrant and would have it granted to them. They could not serve that on their own. They would have to seek an agency to serve the warrant with them. |
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fiberguy
My views are my own.
Premium
join:2005-05-20
| reply to MemphisPCGuy
There are only 3 recognized categories of law enforcement with power of the search warrent...
Federal, State, and County... they all have officers that are of the court.. Police don't even execute search warrant... just the sheriff and higher.
I have to agree with hotboi on this one.. the constitution, unless you ask Bush, requires a warrant to enter. Simply knocking on the door and flashing a badge just not count either.. In that case, it would be illegal search and seizure, easily.
However, why we're discussing a blog in the first place in beyond me. |
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MemphisPCGuy
Senior Systems Engineer
Premium
join:2004-05-09
Memphis, TN
·Comcast
1 edit | If I were a betting man... they would show up in that cool truck/van and knock on the door and discuss it. Chances are good its the knockee and not the knocker that gets buck wild in the large scheme of things. See My Point ------^
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Onsite Computer Support in Memphis
»www.memphispcguy.com |
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MemphisPCGuy
Senior Systems Engineer
Premium
join:2004-05-09
Memphis, TN | reply to fiberguy
But they can flash a badge and ASK to come in correct? If you grant access what rights have you waived ?
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Onsite Computer Support in Memphis
»www.memphispcguy.com |
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fiberguy
My views are my own.
Premium
join:2005-05-20
| I agree with your point.. my message was in the spirit of the topic.. if they come to my door, for example, and are civilized about it, not just flipping their badge and pushing weight with out a warrant and demanding, then yea, I'm going to talk to them at the door.
If they come demanding and pushing me around like I don't matter, and force their way in.. the tax payers will be paying me a buck or two.. however, you're right.. they're usually going to come and explain what's going on... not "barge in".. I said it before earlier, why are we worked up about some blogger anyway?? |
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MemphisPCGuy
Senior Systems Engineer
Premium
join:2004-05-09
Memphis, TN
·Comcast
3 edits | I have yet to be approched by a civil servant in that manner. Its easy to conjure up stormtroppers. But mindless stormtroopers are somewhat far and few between thank goodness. There is evidence they exist i.e;" Iraqi Torture" but when I was in the Military it was stressed upon me that following orders does not include breaking laws. Not that cut and dry but there is an underlying philosophy to our Military ... we can all lead if placed in that position .. "there is no head on the battlefield, just a tale"
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Onsite Computer Support in Memphis
»www.memphispcguy.com |
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amigo_boy
join:2005-07-22
Tempe, AZ
·Cox HSI
 ·magicjack.com
| reply to hottboiinnc
said by hottboiinnc  :They'd barge in my house my roommate would shoot them LoL. She'd claim breaking and entering which gave her the right to shoot them. Yeah. And she'll be hoping for a fat-fingered woman to share a cell with for the next 20 years.
Mark |
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luster
join:2009-03-28
Berlin, MD
 ·Verizon Online DSL
| reply to MemphisPCGuy
My place is posted, all twentycouple acres of it. No Trespassing! In my driveway I have strategically placed a reflective sign that reads, "This property protected by Smith&Wesson three days a week, you guess which three."
If a cop gets close enough to me to flash a badge, he's breaking the law., and may well pay for it with his life. It's quiet around here and a gunshot or two isn't even noticed by the neighbors. Backhoes bury cruisers easily and they say cops make good chum slicks, too.
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"Wonder is the beginning of wisdom." -- Greek Proverb |
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MemphisPCGuy
Senior Systems Engineer
Premium
join:2004-05-09
Memphis, TN
·Comcast
3 edits | If they have the warrant - flashing the badge is a courtesy. I assume you are like the several million other responsible NRA members and will ask first, shoot twice?
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Onsite Computer Support in Memphis
»www.memphispcguy.com |
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luster
join:2009-03-28
Berlin, MD | I believe the topic is, "Exploring FCC Warrantless Home Searches."
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"Wonder is the beginning of wisdom." -- Greek Proverb |
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Guy Hones
@rcn.com
| reply to hottboiinnc
Actually, a homeowner is allowed to use deadly force to defend himself or others in his own home against the threat of imminent force. Technically, the homeowner is defending his person, not property, but, regardless of intent, the line is blurred in such scenarios, and most juries are sympathetic to the homeowner and willing to give him or her the benefit of the doubt, assuming a prosecution arises out of the incident, which is generally unlikely. |
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ang_mor
join:2009-05-02
Mont-Royal, QC
| reply to luster
quoting luster: If a cop gets close enough to me to flash a badge, he's breaking the law., and may well pay for it with his life. OK, one question, one comment:
1. Question: For "posted"/Ohio properties how does a duly authorized officer (read: Federal, State. or County) serve/execute a duly authorized (judge signed) warrant without getting their head shot off ?
2. Comment: police ARE authorized to enter a property/building/apartment if a 911 call is received, and there are certain "signs" during the call (request for help/screams/hangup/etc.). VoIP has caused problems with this aspect with spoofed origin/fake calls leading to Swatting. |
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