Homeowner fights back against intruders

[seamusTX]

. . . but seriously, how does a homeowner who calls the cops establish that he's not granting blanket permission for an unlimited search?

If your house is a crime scene, I think you're pretty much out of luck. The best you could do, if the cops find something they don't like, is to fight it later as an illegal search.

I've read numerous reports of people who called to report burglaries and had the cops find their stash.

- Jim

[HankB]

I've heard of dopers actually calling the cops to report their dope was stolen - and then getting upset when they got arrested after inviting the cops into their meth lab to show the damage the burglar did.

And things in plain sight (like the " . . . device with lots of blinking lights with a clock winding down towards zero . . . " of a previous post. ) would be pretty, well, obvious.

Hopefully, LEOs in most of TX will be pretty discerning in figuring out who the good guys and bad guys are . . . and conduct themselves accordingly.

[stevie_d_64]

Hopefully, LEOs in most of TX will be pretty discerning in figuring out who the good guys and bad guys are . . . and conduct themselves accordingly.

I think they do just fine!

[KD5NRH]

I've heard of dopers actually calling the cops to report their dope was stolen - and then getting upset when they got arrested after inviting the cops into their meth lab to show the damage the burglar did.

I worked at a motel where some guys called the cops on the maid for throwing out the pile of loose weed they left on the dresser.

And things in plain sight (like the " . . . device with lots of blinking lights with a clock winding down towards zero . . . " of a previous post. ) would be pretty, well, obvious.

Gee, y'mean I shouldn't use a bundle of road flares as a base for a mantel clock?

[srothstein]

Hmmm . . . so as I understand it, if one calls the police after shooting an intruder who's DRT in, say, the living room, the police would be expected to enter and take stock of the immediate area, and perhaps make a quick check of the rest of the home to see if there were other people present . . . things in plain sight (bales of marijuana, a meth lab in the bathroom, a row of crack pipes on the counter) would be actionable, but they wouldn't have legal authority to go through drawers, download computer files, read my mail, etc., unless I tacitly gave them permission by remaining silent as their search proceeded?

Would their authorization for further snooping be limited if, upon their arrival, the homeowner who called them explicitly said something along the lines of "You can check out the dead guy, but you've no permission to search elsewhere?"

I can imagine that going over real well . . . but seriously, how does a homeowner who calls the cops establish that he's not granting blanket permission for an unlimited search?

Basically, you have the right understanding. And boy would I love to be there to see the cop's face when you deny permission to search the rest of the house with a dead body in the living room, but you can.

Seriously, this is one of those areas where I hate to say it, but you must think like a criminal to protect yourself. First, make sure there is nothing in plain sight. Well, actually first advice is to not have any criminal evidence in your house, but you know what I mean. Second, as you invite the officers in, telling them the basics of what happened, step to block the rest of the house and if they go there, tell them that there is no one else back there. After that, the rules are just like at a traffic stop. Comply with their instructions while specifically telling them you are not consenting to any searches.

In most cases, cops are going to think you are a criminal with something to hide anytime you deny them permission to search. It is kind of their nature to be suspicious and their experience is that people with nothing to hide will cooperate. It is good for the young ones to run into someone who stands up for their rights occasionally.

[HankB]

. . . boy would I love to be there to see the cop's face when you deny permission to search the rest of the house with a dead body in the living room, but you can . . .

Yeah, like I wrote, I can see that going over real well.

But it seems that in the aftermath of a justified shooting, there's any of a number of things that, while not illegal, could theoretically be used against you in a civil case . . . like a book collection that includes subversive literature like Unintended Consequences or Cooper's Art of the Rifle or "humorous" T-shirts that say "Kill 'Em All and let God Sort Them Out" (I see this kind of thing for sale, but does anyone other than a mall ninja actually wear stuff like that?)

There's no advantage to you to (possibly) have anything the least bit controversial end up as a footnote in the police report.

Hmmm . . . it's obvious that some investigation will take place, and of course tampering with evidence will land you in very hot water, and silence won't hang you the way lying will . . . but let's say Dad deals with a burglar by himself . . . should Momma and the kids stick around and answer questions, becoming part of the investigaton, or would it be better for them to leave for Grandma's (or a lawyer's!) place before the cops arrive, since they didn't participate in the incident?

[stevie_d_64]

Gee, y'mean I shouldn't use a bundle of road flares as a base for a mantel clock?

Clever...Now I know what I am going to do to be craft-sy this next Christmas...

Ohhhh, the humanity!!!