Mannlicher
Member
it would be easier to read that if you put in some page breaks, some paragraphs and punctuation.
As it stands, I can't read it.
As it stands, I can't read it.
Satisfactory but unnecessary LEO interaction today...
- Thread starter Gottahaveone
- Start date
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M203Sniper
member
+1
I am in Arizona but willing to relocate!
While I have not Shepherdized the cases, US v. Dunn indicates how little is now protected by the 4th Amendment. Basically, only the home and immediate surroundings are protected.
[C]urtilage questions should be resolved with particular reference to four factors: the proximity of the area claimed to be curtilage to the home, whether the area is included within an enclosure surrounding the home, the nature of the uses to which the area is put, and the steps taken by the resident to protect the area from observation by people passing by. We do not suggest that combining these factors produces a finely tuned formula that, when mechanically applied, yields a "correct" answer to all extent-of-curtilage questions. Rather, these factors are useful analytical tools only to the degree that, in any given case, they bear upon the centrally relevant consideration — whether the area in question is so intimately tied to the home itself that it should be placed under the home's "umbrella" of Fourth Amendment protection. [Dunn, at 301]
While this sounds pretty broad in defining curtilage, in this case the barn (a building with opaque walls and a roof) was 50 yards from the home and surroundd by barbed wire fences (yes, plural) and a wooden fence. No protection under the 4th Amendment. [While there was a drug smell, the USSC stated the barn was outside of curtilage.] The open field now includes outbuildings.
I remember when the question was whether trash cans were protected. The USSC said "no" since even dogs can access garbage cans.
[C]urtilage questions should be resolved with particular reference to four factors: the proximity of the area claimed to be curtilage to the home, whether the area is included within an enclosure surrounding the home, the nature of the uses to which the area is put, and the steps taken by the resident to protect the area from observation by people passing by. We do not suggest that combining these factors produces a finely tuned formula that, when mechanically applied, yields a "correct" answer to all extent-of-curtilage questions. Rather, these factors are useful analytical tools only to the degree that, in any given case, they bear upon the centrally relevant consideration — whether the area in question is so intimately tied to the home itself that it should be placed under the home's "umbrella" of Fourth Amendment protection. [Dunn, at 301]
While this sounds pretty broad in defining curtilage, in this case the barn (a building with opaque walls and a roof) was 50 yards from the home and surroundd by barbed wire fences (yes, plural) and a wooden fence. No protection under the 4th Amendment. [While there was a drug smell, the USSC stated the barn was outside of curtilage.] The open field now includes outbuildings.
I remember when the question was whether trash cans were protected. The USSC said "no" since even dogs can access garbage cans.
chipperi
Member
I am thinking you should start shooting at Tannerite or maybe getting a black powder cannon from Dixie and rock their world.
NASCAR_MAN
member
- Joined
- Nov 16, 2007
- Messages
- 179
Gottahaveone,
What wasn't said by the Police Officer was the full story. I mean, there is no telling what your neighbor told him about your shooting. As a minimum, the policeman probably wanted to confirm no one was hurt (that's what I would do if I were a cop). From what you've said, I don't think the cop was on a fishing trip.
On the bright side, I'm sure the police have made a few observations about your neighbor and have an "Ignore this Putz" comment next to his name and address in their database.
I think all ended well.
NASCAR
What wasn't said by the Police Officer was the full story. I mean, there is no telling what your neighbor told him about your shooting. As a minimum, the policeman probably wanted to confirm no one was hurt (that's what I would do if I were a cop). From what you've said, I don't think the cop was on a fishing trip.
On the bright side, I'm sure the police have made a few observations about your neighbor and have an "Ignore this Putz" comment next to his name and address in their database.
I think all ended well.
NASCAR
Officers'Wife
Member
Hi Chipperi
A little calcium carbide in a coffee can with just a little water and the activator from a shock prod attached to a LONG cord would be less expensive and tends to be more fun. It's just a matter of running over to the can and putting the lid back on after every shot.
Selena
A little calcium carbide in a coffee can with just a little water and the activator from a shock prod attached to a LONG cord would be less expensive and tends to be more fun. It's just a matter of running over to the can and putting the lid back on after every shot.
Selena
loosecannon
Member
Invite the young officer back for a friendly chat and offer him and his buddies access to your coffee pot and restrooms. Also, make your range available for them to testfire their duty weapons. I think that you will meet nice people and make some good friends. Besides giving our cause some good pr, you will be supporting those who serve--often without praise when praise is due.
LongRider
Member
No one mentioned inviting the officer to come shoot with his buddies. Ask him to help you out that once the neighbors see PD coming over to shoot they will get a clue and stop complaining. Save everyone some time and aggravation. Maybe offer to supply ammo
Jaybird78
Member
Calling BS on this post.....
.a
Not to get this poster all excited but what is he supposed to do? Invite everyone over for cocktails and free money? Do you let all your neighbors in your "business"(home) and show them all of your "stuff"? It's none of their business to know his business.....END OF STORY.
To the original poster........YOU did good.
.a
Not to get this poster all excited but what is he supposed to do? Invite everyone over for cocktails and free money? Do you let all your neighbors in your "business"(home) and show them all of your "stuff"? It's none of their business to know his business.....END OF STORY.
To the original poster........YOU did good.
TEDDY
Member
range target shooting
seems it depends on were you live.
SC seems to be very strict on trespass law.
I too had a visit, one DS.complaint of shooting.we were still in my back field and the drive went to it.he walked to us was shown the area and stated they got a call of shooting.he was satisfied and left.its been 4 yrs and I shoot from time to time.so do others in my area.sept 1 sounds like a war. doves you know.you dont treaspass on someone elses land.
I lived in Mass and they are strict on search warrants.the poster is in NW SC.? in a lot of states the authorities take alot on their own.legal or not.as long as they know he is legal its best to keep your distance.do you own the property??that can make a lot of difference.
seems it depends on were you live.
SC seems to be very strict on trespass law.
I too had a visit, one DS.complaint of shooting.we were still in my back field and the drive went to it.he walked to us was shown the area and stated they got a call of shooting.he was satisfied and left.its been 4 yrs and I shoot from time to time.so do others in my area.sept 1 sounds like a war. doves you know.you dont treaspass on someone elses land.
I lived in Mass and they are strict on search warrants.the poster is in NW SC.? in a lot of states the authorities take alot on their own.legal or not.as long as they know he is legal its best to keep your distance.do you own the property??that can make a lot of difference.
evan price
Member
While it may not be germaine to this specific instance, I did not see mentioned the premise of "Exigent Circumstances" in which no warrant is needed, even for curtilage. Such as "Heard a scream for help from inside the residence"...
hopelessjoe
Member
- Joined
- Jan 1, 2008
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- 84
Now you need to realize that from here on in (in this post) that not all people live in a sanitized, white bread, common world.
As a background note...My Ex wife was LOUD in bed...she also enjoyed a "false rape" fantasy.
Had my neighbors called the cops about her "noises" I might be dead. Just because of the fact that I would be found to be "raping" a girl and I keep a loaded weapon under my pillow.
How do you think that would gone down if LEO was to storm the place?
One dead man (and possibly one dead wife) who were perfectly legally satisfying "adult" desires.
Yes, let's give them more power to step into any place they chose to....
I am all for protecting people, but it swings both ways...
Let's say you love horror films (or porn...oh lord someone watches a screaming girl in the act of procreation and pleasure)...you have a great home theater....the chick screaming sounds real to anyone who wouldn't know that you are a perfectly normal person...
Reasonable suspicion means the cops get to kick in your door and your head into the concrete.
You are dead without the benefit of investigation (this includes a simple "knock and ask if all things are well by a street walking LEO") and you were innocent from the start.
Give them an inch of of power and they will tell you that they own the mile.
We have the Fourth for a reason...
Until they determine that a real criminal act has/is occurred...
They have to stay away...
Invite them in...
According to old vampire lore, once you invited the vampire in you couldn't make him leave until you killed him...
Same goes for LEO and any other government agency.
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