We've just errored on the side of caution and got a warrant. But that's also easy for me to say because we have a warrant system where we just log on, submit our affidavit, and in about 30 minutes (many times it's less than that) we get a response from the judge on whether it's approved or not.
What if you're investigating a criminal DV and are already inside the home? Let's say the husband tells you to leave, but the wife says you can stay, or vise versa. How do you articulate not leaving? It would seem procedurally wrong to leave when you're investigating a DV.
The issue is getting inside. Once you're lawfully present inside and have evidence of a crime, you can remain to complete that investigation. It would be like being invited inside and then finding a brick of coke. The homeowner can't then revoke their consent for you to be there. You can hold what you got for the investigation or to get a warrant.
Many men have impromptu violence which also makes it near impossible for a victim to attain evidence especially when the attacker is calculated with the force and location of violence as to not leave evidence but still inflict violence, so yes what youre saying happens sometimes and sometimes what Im saying happens
I just got awoken by cops at my door with an arrest warrant for my bf for a bruise that i told them was indeed an accident - They made me wait outside in the heat in june until they got a warrant to wnter my home to get him….i feel so freaking violated and i want to sue the cops for it. I told them the whole time i didnt want charges wtc the didnt care this is why no one will call the cops if they are getting abused. They gave me NO right to my phone, clothes etc, they finally said i could leave - before they said i was “detained” so i had to just leave my home with door open and ten cops waiting to get inside. did they violate my federal rights?!??
It’s domestic violence. Some states are 0 tolerance and press charges on your behalf basically. Them making you exit the house is a safety protocol and don’t want you to get hurt. Don’t fall into a trap of “accidental” bruise by your bf either. If you’re getting abused, leave.
Hmm... I know I've this under similar circumstances over the years and made an arrest for domestic violence with consent to go in from the victim who resides there and is outside the residence. I would never bring a victim into the home when she was threatened with a knife, and he has not yet been detained/arrested. Now, in today's climate we would probably err on the side, treat it as a barricaded subject, and get a warrant. Or perhaps, we would just file a sworn complaint and call it a day if the victim is going to stay elsewhere.
The difference is that in the scenario given by Anthony, that you have a co-habitant saying no, rather than just one party saying yes you can go in. Without the other person saying no, then one person saying yes is enough.
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We've just errored on the side of caution and got a warrant. But that's also easy for me to say because we have a warrant system where we just log on, submit our affidavit, and in about 30 minutes (many times it's less than that) we get a response from the judge on whether it's approved or not.
What if you're investigating a criminal DV and are already inside the home? Let's say the husband tells you to leave, but the wife says you can stay, or vise versa. How do you articulate not leaving? It would seem procedurally wrong to leave when you're investigating a DV.
The issue is getting inside. Once you're lawfully present inside and have evidence of a crime, you can remain to complete that investigation. It would be like being invited inside and then finding a brick of coke. The homeowner can't then revoke their consent for you to be there. You can hold what you got for the investigation or to get a warrant.
thanks Anthony! great info as always
Glad to help! -Anthony
Many men have impromptu violence which also makes it near impossible for a victim to attain evidence especially when the attacker is calculated with the force and location of violence as to not leave evidence but still inflict violence, so yes what youre saying happens sometimes and sometimes what Im saying happens
"We're here to investigate a murder attempt"
"No I don't wanna"
"Oh okay have a nice day"
I just got awoken by cops at my door with an arrest warrant for my bf for a bruise that i told them was indeed an accident - They made me wait outside in the heat in june until they got a warrant to wnter my home to get him….i feel so freaking violated and i want to sue the cops for it. I told them the whole time i didnt want charges wtc the didnt care this is why no one will call the cops if they are getting abused. They gave me NO right to my phone, clothes etc, they finally said i could leave - before they said i was “detained” so i had to just leave my home with door open and ten cops waiting to get inside. did they violate my federal rights?!??
It’s domestic violence. Some states are 0 tolerance and press charges on your behalf basically. Them making you exit the house is a safety protocol and don’t want you to get hurt. Don’t fall into a trap of “accidental” bruise by your bf either. If you’re getting abused, leave.
Say it. Stop delaying.
"Hey there's 100 people calling saying you're torturing them in your basement can we come in?"
"No"
"Okie dokie"
That’s different. That’s exigency
0:03 / 4:02
Hmm... I know I've this under similar circumstances over the years and made an arrest for domestic violence with consent to go in from the victim who resides there and is outside the residence. I would never bring a victim into the home when she was threatened with a knife, and he has not yet been detained/arrested. Now, in today's climate we would probably err on the side, treat it as a barricaded subject, and get a warrant. Or perhaps, we would just file a sworn complaint and call it a day if the victim is going to stay elsewhere.
The difference is that in the scenario given by Anthony, that you have a co-habitant saying no, rather than just one party saying yes you can go in. Without the other person saying no, then one person saying yes is enough.
Bye
Duh
Arrested him on the DV. Thr evident is the marks on the wife and he is iin the home. That's it that fa ts