Quote:
Originally Posted by ricks327
If I read it correctly the PD was contacted that people were going door to door selling a product without a permit. If there was an ordinance to prohibit that, then that is a crime. The Sgt. being on the property investigating the alleged crime is entitled to be there. It would have been wise to have the suspects move to the street to continue the investigation. Then again, we have no idea if there had been prior issues between the old man and the PD.
Like Lou said, some people just love to create a situation with the police because of their anti-cop beliefs.
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You're saying the old guy did NOT have a right to order the police off the property? They seemed to be on his driveway, definitely curtilage. I don't understand HOW the officer had the right to NOT leave
He clearly didn't have consent to be there.
He didn't have a warrant.
So he must have had a recognized exception to the warrant requirement. What exception did he qualify for? This really doesn't seem like hot pursuit (hot pursuit of people peddling door to door without a permit?) He was driving around looking for the people, he didn't seem to have chased them to the property. Was there an emergency aid exception? Exigent circumstances? Life or property was in danger if he didn't stay on the old guy's property? What, exactly. gave him the right to stay on the curtilage of the old guy's house? If I did that, it would be trespass after warning, a crime.
I don't understand what was so compelling that the cop really had no choice but to to beat the **** out of an old man and cause him to have a heart issue, rather than, as you say, ask the peddlers to come out to the street to investigate them. He wasn't too concerned about making sure they weren't fleeing the scene, he got caught up with the property owner instead, and the old guy became his focus.
That whole scene reminded me of Michael Douglas in the movie Falling Down, when he's walking through the golf course. The old guy is gasping on the ground, asking for his pills, and Michael Douglas taunts him.....shouldn't have been a dick to me and I wouldn't have to have given you what probably was a fatal heart attack.