[quizkid]

High crime areas in Boston are soon to be the target of door to door searches for guns. Get this, they are searching only kids rooms. Parents have the right to deny entry to detectives performing the searches.

linky: http://www.foxnews.com/story/0,2933,312055,00.html

 

[Roc Rat]

OK,,, here we go.

Article. VI.
This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

Amendment IV
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Funny that this would happen in the same City the Revolution started,,,,

 

[sdk1968]

just say no thank you and close the door...

 

[Flash-hider]

Parents might have the right to deny access to their homes by the police but I would bet they'll come back with a warrent and if a gun is discovered in the kids bedroom and can be linked to a crime the parents are also going to jail whether they were aware of it or not.

This is really a very dangerous slippery slope that they are going down.

 

[47lincsled]

gun searches

Slippery slope indeed! Instead of putting trash away for life or better yet doing away with them completely they'll steal guns and what ever else they deem dangerous, I'm sure the feds are watching this program very carefully. I was surprised to see the ACLU (anti Christ Lucifer Union) actually stand up for some ones gun rights,of course they assume the guns will only be taken from juvenile delinquents and not people who should have them. Bob

 

[DrSmeller]

They can't just get a warrant to search a house anytime they want. The judge is going to need to see a reason to issue a warrant. Refusing a search is not a good reason, nor is a hunch. They may be able to convince a judge here and there to issue a warrant but not a list of house to house searches.

I'm not a lawyer but i haven't heard of parents going to jail for crimes their kids commited that they have no knowledge of. Maybe a legal person can chime in.

Parents might have the right to deny access to their homes by the police but I would bet they'll come back with a warrent and if a gun is discovered in the kids bedroom and can be linked to a crime the parents are also going to jail whether they were aware of it or not.

This is really a very dangerous slippery slope that they are going down.

 

[Lone Ranger]

Seems like all PR and no substance. A consent search is a consent search is a consent search. There is no prohibition on a parent authorizing the government to search a kid's room. Some want to know if their kid is up to no good and ask the cops to look for things. Some will deny their kid is capable of committing a crime even after watching him/her on video. Up to the parent.

I never worked in or anywhere near Boston, but I would say it's a safe bet of the cops have enough info to get a warrant, one will be obtained. The "if you refuse I'll come back w/a warrant" line is mostly TV inspired. The only thing a knock & talk can do in that scenario is warn your intended target and allow time for evidence to be removed and/or destroyed.

 

[slowfire]

This is really a very dangerous slippery slope that they are going down.

where have you been for the last several years? we are already on that slope, thanks to bush et. al. warrentless searches, wire taps, etc.......

 

[Flash-hider]

Over the years it seems like municipalities have been attempting to hold parents accountable for their kids actions, from not going to school to drugs to guns and everything in between.

If the parent(s) are covering for the kid and the cops know this then that's where a warrant would come into play, I would think.

Remember the reaction when the police took the guns away from the law abiding citizens of New Orleans after Katrina. There are a couple of video's on You Tube showing it.
In Boston they doing this under the guise of keeping the kid, the family, the comminity safe from any trouble.
What if they begin doing this in your community on information obtained from your kid by the family doctor. Then it's knock - knock, we just want to have a friendly look around to make sure everything is as it should be. Oh, there is that .22 that is mentioned in the report sitting in his closet.... But it was given to him by his grandpa....sorry it has to go.....you and your family have a nice day. Next day press confrence tell of all the assult weapons that have been taken away from the young guns in the community.
I know that all of us would slam the door in their faces but you would have to wonder why they showed up at your door and when will they return.

 

[Flash-hider]

where have you been for the last several years? we are already on that slope, thanks to bush et. al. warrentless searches, wire taps, etc.......

Actually I believe we are quite a way's down that slope.

 

[sdk1968]

They can't just get a warrant to search a house anytime they want. The judge is going to need to see a reason to issue a warrant. Refusing a search is not a good reason, nor is a hunch. They may be able to convince a judge here and there to issue a warrant but not a list of house to house searches.

I'm not a lawyer but i haven't heard of parents going to jail for crimes their kids commited that they have no knowledge of. Maybe a legal person can chime in.

im no lawyer either, but im sure there is a fellow on this site who will say im claiing to be and that im wrong here....

i still agree with you anyway. if your clean, they have a hard time getting a warrant for your refusal.

 

[KABAR2]

It's sad that the place that free men once fought against the odds and began the task of throwing off the shackles of the English crown, now deem it prudent for the sake of security to give up what was so dearly fought and paid in blood for.

Benjamin Franklin one said: Those who would give up Essential Liberty to purchase a little Temporary Safety, deserve neither Liberty nor Safety.

And it only took over 200 years to get there.

 

[2ndShooter]

where have you been for the last several years? we are already on that slope, thanks to bush et. al. warrentless searches, wire taps, etc.......

Well I guess when Bush leaves office we will all be okay.

 

[Pvt.Joker]

Well I guess when Bush leaves office we will all be okay.

Oh, I think we've been pretty darn far past "OK" since the days of JFK to one degree or another, and Bush leaving office isn't going to make a bit of difference IF the sheep elect from Hillary/Guiliani or Obama/Romney or Edwards/McCain... Might as well be trying to pick the cleanest virgin in the whorehouse.

 

[Chad G]

What ever happened to no unreasonable searches and seizures, was the 4th Amendment thrown out by a higher court? I'd resist a search without a Search Warrant/probable cause make the agency do their job and get it signed by the District Court Judge presiding over that city. Its still a free country or it was last I knew. Well Boston is one of the more screwed up Cities to begin with.

 

[DrSmeller]

Going on road trips with friends now and then i'll bring up in conversation "would you submit to a search if pulled over by the police"? Most of the time they reply "Sure, i have nothing to hide" or something to that effect. Which is true, they're good people and have nothing that would cause a problem.

Many feel that the cop has the right to search the vehicle, period. But then i say if he did have the right he wouldn't be asking your permission. After all he doesn't say "is it alright if i arrest you?"

It would be interesting to know what % refuse a search. I've heard the vast majority of consent searches are clean. Not sure how true that is.

Wow 500th post, just saw that!

 

[1RHINO]

It's not always about wheather or not you have anything to hide, sometimes you just don't want to be cuffed, stuffed, for telling the nice Storm Trooper he doesn't have the right to search your vehicle and be told "I know you didn't do anything but I don't like your smart mouth and it will cost you 5K to retain a lawyer and prove yourself innocent" I experianced this once and It still eats at me every time I see a leo, I know they are just like the rest of society a few bad apples in every bunch. I can afford a 5K retainer now that i'm older so F'em I won't let my 4th Amendment Rights be Violated again.

 

[alamosaddles]

I've heard the vast majority of consent searches are clean. Not sure how true that is.

Wow 500th post, just saw that!

I am always amused watching cops. You usually see them ask, do you have any illegal weapons or drugs in the car? Do you mind if I take a look? 88% of the time they say sure, you can look and two minutes later....turn around and place your hands on the car....Oh lookie here.....this looks like meth/coke/crack/marijuana etc. I never understand the mentality to say ok, search, specially if you KNOW there is something in your car that will land you in jail.

Last Thursday at 6am, I am on my way home from work. Minding my own business, not speeding, not weaving, I get lit up with the flashers.....Metro Dade PD. I pull over, roll down my window, shut off the truck and put my hands on the streering wheel to wait. He comes up, spotlight flashlight in my face (mind you , it's not dark out anymore)...I get the routine drivers license and registration.....Give it to him...where are you coming from, where are you going, wait get this...why are you driving exactly 45 miles per hour...??? I'm like....uh, cuz thats the speed limit. Well, people don't usually drive exactly the limit. Then, the question.....Do you have any "illegal guns or drugs in the truck"? I look him in the eye and say...nope...hehe...then, he shines his light into my backseat and says, whats that???? Uh, a few rifles and pistols in their cases......Get's me out of the car.....oops....I have a gun strapped on my hip.....and he says....I asked you if you had any guns or drugs....and the smart ass in me says nope. You asked me if I had any "illegal guns or drugs", and I don't, everything I have is perfectly legal, including my hip strapped pistol. He checked my ID's etc. and asked if he could search my truck and I refused. Either he was tired or didnt want to burn more time on the side of the road, he just cut me loose. I NEVER consent, ever, ever ever ever, and neither should you. Maybe, if I am super duper late for a super duper million dollar meeting, and I don't want to risk loosing the million dollar contract deal, I may give in and let them look... but that would be a once in a....well yea, million.

 

[Bill S]

The version of the story I read was that police in various locations were offering a "service" to parents to search kids' rooms, not that they were going to be "raiding" them. The idea behind this was that some parents wouldn't know what to look for as evidence of illegal drug use, etc. I'm sure some parents would use it as a scare tactic to keep kids in line, too. In any case, it wasn't limited to the Boston area, and it was purely voluntary by the parents and only at the request of the parents. It's unfortunate, but not surprising, that the media can turn this into a scare story and misrepresent details.

But, maybe the program I read about was a different one, and this is one is the brainchild of some fool who got inspired by the other one.

 

[MSG]

From the article:

"The officers will travel in groups of three, dress in plainclothes to avoid attracting negative attention, and ask the teenager's parent or legal guardian for permission to search. If the parents say no, police said, the officers will leave."

.... A consent search is a consent search is a consent search....

That's how I read it too. This is nothing new, LEOs ask to search homes and vehicles all the time. If you don't want to play, just say no. Then again, if you hold an FFL, you gotta play.

MSG