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Robert Leon Davis

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When can the police search your home and when to refuse a search!
by Robert Leon Davis   
Rated "G" by the Author.
     
Last edited: Thursday, November 30, 2023
Posted: Monday, August 25, 2008

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Illegal and legal searches, what are the differences? When to refuse the police entry into your home!

Today a reader asked an important question. We will explore the question about your home rights. The question; when can a law enforcer legally search your home or apartment? The answer... he can only normally search your place of habitat under two circumstances.

First, if he has obtained a legal search warrant from a judge. You knew that huh? Well, there are some qualifiers. First, the warrant must dictate what will be searched.

For instance, the warrant may say only search the garage, or a certain room, or a certain area of the home. If the warrant says that he can search the entire home, he can search anywhere he likes, and believe me he will. And please keep this in mind, if anything illegal is discovered during the search that doesn't pertains to the warrant, he can still use it against you. You could fight it in court, but your chances of winning are slim.

The second circumstance, and this is the one that bothers me to no end... If you give him permission! The reason why I'm disturbed by this is the founding fathers of the constitution gave us the right to dwell in our homes free from harassment. These are what they called OUR rights!

Why would you give anyone the right to search your home? Yes, one might say," what you got to hide"?  Well I say, that's none of your business!  It's one of your fundamental rights and you should protect it.

When the police ask to search your home, most times they're looking for a fugitive, illegal contraband, or any other illegal activities. The law expects you to live by the law, so therefore make sure the law lives by the law. Refuse the officers entry into your home unless they have a search warrant. And oh, one more thing, if he performs an illegal search, you will win if you sue the agency.

As many of you know, I'm not trying to tell anyone to break the law. I'm a former rogue cop who knew all the tricks of rogue cops. This is my way to pay back society for all the wrong I've done. I'm just a repentive and strong advocate for human rights. 


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Reviewed by Jonathan Crews (Reader)
Reviewed on June 9, 2010
Good day to you, I came across your site by mistake but found it very interesting. Maybe you can help me with an incident that might become a problem with me & my family. I live in an area where the exit I get off at is the number one location for drug arrest for people involved in the drug trade. I understand this before I purchased my home but thought that regardless if we are the only people of color in the neighborhood it wouldn't be a problem.
To get to my concerns, each time there is a task force out to find smugglers either I or a family member gets a police escort home. You would think that the cops would know my vehicles by now & let their fellow officers know about us. But just like clockwork cops follow us home each time. I mean they are so bold as to follow us into my driveway & turn around after realizing that we live there. Granted I really don't trust cops & after reading your articles about rogue cops I have very little use for police. I work within the law & educate my kids to do the same but on one incident I was pulled over & I felt a bit threaten. Even though it was a one on one situation & the cop had the gun I have condition myself from serving in the military to be able to handle just about any man straight up. But in this situation the cop was asking me question & before I could get the answer out he shoots out another question as if he was trying to intimidate me. Was this his way of trying to catch me in some lie or were my answers not quick enough for him? It really concerns me because I would hate for one of my sons to get pulled over only a few feet from our home and some rogue cop roughs him up. I read your article about when a person can intervene when you witness a police officer abusing or about to do bodily harm to someone. What if that person he is about to harm is on your property and you are watching this from inside your home? Can I protect my family by any means necessary or do I have to let it play out in court where I know the cop is going to walk. I have played this situation through my mind every since moving into that area. And even though we are followed home only twice a week it just bothers me, so I have to be on guard not for me but my family. Give me your thoughts when you have a minute.

Thanks….

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