Cops Illegally Enter Woman’s Home And Arrest Her After She Told Them To Leave


#1

Cops Illegally Enter Woman’s Home And Arrest Her After She Told Them To Leave Since They Did Not Have A Warrant

HARRIS COUNTY — A woman recently arrested by deputies with the Harris County Precinct 1 Constable’s Office has filed a formal complaint because she believes they violated her rights.
“What they did in my apartment in front of my kids was uncalled for,” said Jennifer Limon, who recorded the incident last week on her cell phone.
The video shows Limon pleading with the deputies to leave the apartment she shares with her sister and their five small children.
You can hear the deputies asking the women to identify themselves, but the women refuse to comply and demand a search warrant. Then, the video shows the deputies arresting Limon.
She was charged for failing to identify herself to a law enforcement officer and resisting arrest.
“I felt violated by these two men,” said Limon.
Cops Illegally Enter Woman’s Home And Arrest Her After She Told Them To Leave Since They Did Not Have A Warrant [continued]

The officers made up an exception. They apparantly don’t need a warrant if the person in the residence fails to identify themselves. I guess that may become the new norm in today’s nazi empire.


#2

The legal expert in the article is right:

“I think the officers were out of line,” said attorney Gerald Treece. “There isn’t a ‘you didn’t identify yourself’ exception to enter your home and search it. There just isn’t that.”

And so is she:

Limon sought help from a local activist and filed a formal complaint against the deputies involved.

“Cops tend to take their badges and their power out of control,” she said

FWIW, I got into an argument with someone over this nonsense when news came out that the police chief in a town not far from us was going to start pulling that on people who were walking down the street. Let’s just say I wasn’t very popular for suggesting the cops need a warrant to search you.


#3

I guess they wanted to be good little sheep and show their papers when it was demanded from them and you were the bad guy (or lady) for stating the obvious. This is the U.S., not nazi Germany.


#4

They had to be there for a reason. They didn’t randomly knock on her door. Fishy.


#5

Helps to read the article.


#6

[quote=“2cent, post:5, topic:39649”]
Helps to read the article.
[/quote] Ah, sorry no coffee yet.


#7

Gee, howja guess? Most of it came from self-proclaimed ‘conservatives’, no less.


#8

In general, I’d agree that they were out of line. They can’t knock on your door and demand ID.

However, if you are in public here in Louisiana, you are required to be able to prove your identity. We have the “John Doe” law, where if asked for ID, or name and address, or some other way to identify you, you have to be able to provide “a means of identification.”

Failure to provide verifiable info on your identity can land you in jail until you can be identified.

In general, if you give your name and address, they’ll run it, and if it comes back good, it’s accepted.


#9

Good grief, what a horrible law! That, “John Doe” law puts a whole new meaning to, “DOH in the headlights.” LOL And one that happens to be unconstitutional, I might add.

What’s gotten into good ol’ Weenzy-anna?


#10

I don’t know what you mean. It works great. I’ve personally observed officers going so far as to call family members, or other contacts in people’s cell phones to try to get a positive id. It’s really not about just throwing people in jail. It helps keep transients under control. It helps keep New Orleans trash down in New Orleans and off the Northshore as well. WE like it. If that keeps people out of the state, it’s fine by most of us.

Not that I find wiki to be a credible source, this does sum things up pretty well:
Stop and identify statutes - Wikipedia, the free encyclopedia


#11

Moral of the story, if you see law enforcement at your door, don’t answer. There is no law that compels you to answer your door. The police will need an actual search warrant or probable cause to proceed. They can’t claim failure to identify yourself if you don’t answer.


#12

Yep.


#13

I can see both sides to the argument under certain circumstances. If there is NO probable cause that a crime has been, or is being, committed, then checking ID’s willy-nilly is tantamount to Gestapo tactics, and the cops are wayyyyy out of line.

OTOH, if there IS probable cause, or reasonable suspicion, that would pass the scrutiny of the court, then the cops, in order to protect themselves AND the public (a valid role), need to find out who they’re dealing with.

Now JStangs ID checks in Louisiana are arguable, though if the community is OK with it, I suppose it’s valid . . . just as long as you’re not an out-of-state tourist.

Speaking of that, I WAS indeed an out-of-state tourist in New Orleans back in 1989 (I lived in Houston then.) I remember trying to visit a Civil War Museum there that had P.G.T. Beauregard’s saddle and shaving kit, along with a lot of other Civil War trinkets. The steps to that museum were covered with all manner of homeless and shady looking characters. Because of that, I almost didn’t go in there. As it was, I had to step over several sleeping bodies and was inundated with pleas for money.

Later on, in the French Quarter, my wife and I were tailed by so many shady characters, that I placed my hand on my back pocket to protect my wallet, and several times we ducked into a storefront just to shake the tails.

So in that regard, I can see why Louisiana might have ID checks.


#14

Well, they were, but the fact remains they overstepped their bounds, abused their authority, and infringed on this woman’s constitutionally protected rights. Furthermore, they invented a so called exception to having a warrant, which was that she did not identify herself. She is not required to identify herself.


#15

Yeah, I know those types of conservatives and they are anything but.


#16

Is that with probable cause or at least reasonable suspicion, or can an officer randomly ask any citizen for identification? If the latter, this law is reminiscent of nazi Germany’s, “Show me your papers!”


#17

It’s enough to keep me out of the state! That’s for sure!


#18

So if a law is unconstitutional but you like it then it’s okay? Wow, that’s crazy.


#19

[quote=“Right_Wing, post:14, topic:39649”]
they invented a so called exception to having a warrant
[/quote]I think what you’re referring to is called an “Alabama search warrant”.

That’s where one cop goes around to the back, and when another cop knocks on the front door, the cop in the back holler’s “Come in”. The cop in the front of course goes in, claiming to the judge that he heard someone say “Come in”.

This sounds like a twisted cop joke, but at one time it actually was standard procedure. Whether it still is taught as a means to gain entry, I don’t know.


#20

I really do not have trouble with the police and occasionally through the years when I have interacted with them and they ask for identification, I readily give it. Then again I have no fear of being caught doing something or having something on me that I can get in trouble with. I remember once being pulled over many years ago and searched and the fellow explained to me that a crime had been committed and my car matched the description of the get away car.