18-09-2016, 05:21 PM
21
Re: Would you get out
Originally Posted by Tpin
->
An officer doesn't need a warrant to enter any type of premises if he believes a crime is in process.
It's all about why they stopped him and if he was committing a crime.
18-09-2016, 05:27 PM
22
Re: Would you get out
Originally Posted by Julie1962
->
Indeed that is true however as the police have said they had no reason to believe he had committed a crime they had no right of entry. If anyone wants to argue the point I suggest the police boss who has put this man on to special measures is the person to contact, if he doesn't understand the rights of the force I suggest he's in wrong job. It's all about why they stopped him and if he was committing a crime.
I am not saying what he did was right but.....an officer doesn't need a warrant as you claimed.
If this were the case there'd be untold Criminal's getting away with murder, literally.
His right of entry is only questioned if a crime wasn't being committed and this would only become known after the entry.
18-09-2016, 05:28 PM
23
Re: Would you get out
Originally Posted by Tpin
->
The officer believeda crime was being committed, he said so in the film.I am not saying what he did was right but.....an officer doesn't need a warrant as you claimed.
18-09-2016, 05:33 PM
24
Re: Would you get out
Originally Posted by Julie1962
->
He does to enter the car which is what he did when he smashed the windscreen. As I said the police accept it so I'm not sure why anyone else is saying they are wrong
18-09-2016, 05:50 PM
25
Re: Would you get out
Originally Posted by Tpin
->
So, a car is parked up, it has blacked out windows and an officer hears a scream.. He then has to go in front of a magistrate, apply for a warrent and return to the car.....in the hope that the crime is still in progress?
18-09-2016, 05:52 PM
26
Re: Would you get out
In the video it clearly shows the driver putting his key on the dash board indicating that the car was stationary and the engine turned off.He also had rolled down the window.
Therefore any documentation could have been passed through the window.
He has the legal right to ask why he was being stopped .
As no one has been arrested it would appear that no crime was committed .
However the policeman completely lost control .
Of course we don't know what went on prior to the car stopping .But ,attacking a car windscreen with a penknife for no good reason is not the act of anyone rational much less a police officer.
The officier has now been put on restricted duties after an official complaint has been lodged .
18-09-2016, 06:04 PM
27
Re: Would you get out
Originally Posted by Julie1962
->
No because in that case he has a belief a crime is in progress. He had no such knowledge in the case we are discussing.
Once again I state that imho the officer lost it but it's a bold and incorrect statement to say a police officer needs a warrent to enter a car during a traffic stop.
I personally think it was a setup. Who'd think of filming a traffic stop?
The latest craze in the US is filming traffic stops and trying to get an officer to lose it.....compo, Wonga, $$$$
18-09-2016, 06:06 PM
28
Re: Would you get out
Originally Posted by Tpin
->
He did, he suspected a banned driver was behind the wheel.Once again I state that imho the officer lost it but it's a bold and incorrect statement to say a police officer needs a warrent to enter a car during a traffic stop.
18-09-2016, 06:07 PM
29
Re: Would you get out
HiI have to agree with Tpin's understanding of the law.
The Police have a right to enter as he says, if they believe that a crime is being committed.
In the instance of a scream from within a blacked out car, they also have a right to gain entry.
The law is quite specific on this, an automatic right of entry is conferred if there is a risk of self harm, as in preventing a suicide, or public health or the safety of a person or persons.
Think about it, it would be stupid if the Fire Service had to get a warrant to break into a house on fire.
|
|
