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fourth ammendment and exigent/probable cause

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M

messystuff

Guest
What is the name of your state? California

If the police "think" there is a reason based on wacko calling them from out of state stating a fear that someone "might" hurt a person, are you guilty of CA Penal Code 148(a) if you try to protect your fourth ammendment and state constitutional rights by not opening the door?

I know they have a right to search in this case, but they offered a choice "Open or we will break in through your windows". so choosing the latter isn't really stopping them from doing there job, Is it?

If that is what there job really is, and they never told me they got this phone call, but if they had a reason to enter then I could not stop them right? I mean I didn't stand between a gang of gun wielding cops and the window...?

Isn't intimidation by threatening one's real property a crime? If so and I am guilty of this resisting, wasn't it lawful based on both US and state rights as well as California Penal Code Sections: 692, 693, 694, 242, 422.6????

Please help quick I have to choose to have a trial to save my job path by having no arrests...and I did not know I was stopping them from doing there job, by asking a few questions to understand the safest way to cooperate, without giving up my rights. ( I wanted to put my dog away.) The public D is not helping me as much as I think they are helping the DA.

Can't I get this dropped, after all they found nothing wrong and the call was a false emergency, meaning what the heck is "reasonable" cause anyway?
 


C

CombatTN88

Guest
One thing

When cops have a reasonable that felony was being in commission, (I mean in your house), the police have an authority to break in to arrest you. Same goes for civilians which can make a civilian arrest.

Reasonable means a good reason that crime is being committed
 
M

messystuff

Guest
Yes... but if you don't try to stop them from breaking in, are you guilty of a misdomeanor if you also don't open the door?
 

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