"No soldier shall, in time of peace be quartered in any house, without the consent of the owner.... "
"Officers accused of using home in wait for warrant" by Maria Cramer, Globe Staff | January 31, 2009
Boston police are investigating allegations that officers who were assigned to guard the home of a homicide suspect remained inside his apartment, watching television and resting on the couch even before detectives obtained a search warrant.
On Tuesday night, seven hours after Christopher Jamison, 23, allegedly shot Anthony Perry, 22, in Jamaica Plain, officers went inside his Roxbury home and ordered his mother to leave. After police looked through the apartment to be sure no one else was present, at least two officers remained inside most of the night without a warrant, said Ozell Hudson Jr., a Boston-based lawyer representing Jamison's mother.
When the mother returned to her apartment around noon Thursday, she saw two officers sitting on her couch, Hudson said. Police still had not obtained a search warrant.
"The manner in which this search was done was certainly contrary to established constitutional procedures," said Hudson, who added that he was at the apartment Tuesday night.
Officers have the right to seize a home after a crime if they believe a suspect remains inside or there is evidence they must obtain immediately, according to police and legal specialists. Once they have ensured no one is inside the home, they should stand guard outside and prevent anyone from entering until a search warrant is executed.
Officers can go back in only if they believe someone entered after they seized the home, said Elaine Driscoll, spokeswoman for the Police Department. The policy, which is dictated by the Fourth Amendment assuring right to privacy, also guards against accusations of evidence-tampering, she said.
Driscoll said internal affairs investigators are looking into the allegations Hudson raised. Dana Curhan, an appellate lawyer in Boston who has handled search-and-seizure cases, said police can go back "if there is some kind of emergency situation where evidence is about to be destroyed or somebody might be in danger."
Or PLANTED!!!!!!!!!!
"Other than that, they pretty much have to wait," he said. "It sounds like an incredible violation of these people's privacy if they're camping out in their living room for two days."
Driscoll said police seized the apartment at 8:29 p.m. Tuesday, obtained a search warrant at 2 p.m. Thursday, and searched it about a half-hour later.
"We apologize to Ms. Jamison for any inconvenience that our presence may have caused," she said. "The legal process required to execute a search warrant can take anywhere from an hour to a couple days."
Okay; thanks for clearing that up, cop.
Two firearms were found in the apartment after the search warrant was obtained, said two law enforcement officials with knowledge of the investigation.
After TWO DAYS? They could have VERY EASILY been PLANTED THERE by the COPS!
Former prosecutors and defense lawyers said it is unusual to take so long to obtain a search warrant. Police only need to provide probable cause to persuade a judge or magistrate to issue a search warrant, they said. Most warrants are issued within hours.
So the SPOKESLADY is a LIAR!! Aaaaaahhhh!!!
"You don't need proof beyond a reasonable doubt," said Robert M. Griffin, former chief of prosecutions for Suffolk Superior Court and a Boston defense lawyer. "You want to get the warrant as soon as possible. The longer you wait, the more potential for lost evidence."
Driscoll declined to describe the investigators' probable cause because the homicide is now before a grand jury. She described the case as complex because homicide investigators were receiving new information every hour that they needed to include in the affidavit.
Hudson said whatever police obtained during the search could be tainted by their earlier presence inside the apartment. Hudson said he was at the apartment for three hours Tuesday night and saw officers going inside several times, locking the door behind them. One young patrolman refused to go inside, saying he believed he should stand guard at the door, Hudson said.
"I told him, 'You're the only one getting it right,' " Hudson said. Legal specialists said it is would be almost impossible to prove police searched the home before the warrant was obtained. It could, however, affect the way jurors perceive police during the trial, Griffin said.
"Whether or not it's going to result in a negative verdict for the Commonwealth, nobody can answer that question," he said. "But it's enough to stain the credibility of the police."
Yeah, the ISSUE is the CONVICTION and IMAGE of the POLICE -- not the BLATANT UNLAWFULNESS and ARROGANT APPLICATION of POLICE-STATE TYRANNY!!!!!
Yeah, I guess the Boston cops have better things to do:
"Earlier this month, police wrapped up a 30-day sting involving plainclothes officers mimicking tourists and other pedestrians. Once they were panhandled, they essentially became victims guaranteed to show up for a trial"
Oh, and don't forget nine of them beating the hell out of a kid who was just enjoying the Celtics winning the championship.
"Police investigate risque cellphone photo
Authorities have begun an investigation into a nude or seminude photo of a 14-year-old middle school girl that has been circulating by cellphone text messages. Billerica police and the Middlesex district attorney's office said Friday the investigation started last week after a Marshall Middle School teacher caught a student texting in class and saw the photo attached to a message. Billerica Police Chief Daniel Rosa told The Lowell Sun Friday that the picture, sent privately to one boy, has been sent from phone to phone among students. He said it was too early to determine whether charges will be filed. Authorities say a growing number of teens have been "sexting," or sending nude photos via cellphones.
Then BAN the CANCER-CAUSING pieces of scitte!
But police said those who forward such photos can be charged with child pornography (AP)."
Yup, I'm sure those cops wanna get a look at those cellphones.
See: Perverts and Police
