Brickbat: Whose House?

The Riverside County, California, sheriff's office said it is investigating the arrest of Adele Shirey. Video shows that when a deputy knocked on Shirey's door, he was met by a minor who closed the door on him. The deputy opened the door, entered the home, and refused Shirey's requests to leave. Shirey told him that unless he had a warrant, she would speak to him on the porch. He then points off camera and claims he has a right to be in the house because "They opened the door and ran from me." "Now that I'm inside your house, I own your house right now," he said. The deputy dragged Shirey onto the porch, handcuffed her, and arrested her for resisting arrest and contributing to the delinquency of a minor.

Comments

[SQRLSY]

Adele, Shirey you jest, when you suggestingly jestingly testifyingly testify (falsely) that you believe that you, and not the cops, own "your" house! For your false testimony, there will be additional charges brought against you, for your own good!

[Chumby]

Never open the door.

And yes, it could be delinquency of a minor for living in Cali.

[mad.casual]

Never open the door.

If you watch the video, Deputy Bernardo Fife pretty clearly puts his shoulder into opening the door.

[Chumby]

The first time as reported in the story. The next time was breaking and entering by an armed unknown subject.

[Don't look at me!]

Sarc says you must be guilty if the cops arrest you.

[Fist of Etiquette]

Arrested her for resisting arrest. Classic.

[docduracoat]

This video is on the Law of Self Defense blog.
Attorney Andrew Branca reviews the times officers can indeed enter into your house against your wishes.
Briefly, these include when they have a warrant, hot pursuit of a suspect from the outside into your house, and welfare checks were they have been informed someone is in the house and is not responding.
They could also enter if there is clearly viewable evidence of a crime visible from outside that is occurring inside the house , and a fire or flood emergency in order to save lives of people who may be inside.

This case is clearly none of these.
The officer was investigating a noise complaint, which is not even a crime, only an infraction.
he was unable to articulate any reason for being inside the house when the woman confronted him.
I have no doubt that now that time has passed the union lawyers will feed him some reason to articulate why he would have entered.

[TJJ2000]

"You didn't build that!!!!", Obama.

[Brandybuck]

A lawsuit will ensure, the county will lose, and the innocent taxpayers will be punished for it. Enough of that, convict everyone involved, up to and including the board of supervisors, and incarcerate them for five to ten.

[LIBtranslator]

Why not forfeit THE BOARD's assets in civil restitution?

[John F. Carr]

Thank your favorite deity for body cameras.

[AT]

Yea, I don’t think he’s really going to have much of a leg to stand on here.

Unless, of course, you’d like to take Reason’s ideology – that minors can and should be held to the same consent standards as adults, and that the minor “invited” the cop in by opening the door with full recognition of what she was doing.

I mean, if they can decide with absolute certainty to swap their genders and physically/emotionally/mentally mutilate themselves, or be free from age-verification while they go online to seek/engage in pornography, then this seems like a softball by comparison.

[LIBtranslator]

ATF is looking at 1980s platforms.

[LIBtranslator]

If ignorant rednecks had a clue of Reason or ideology they wouldn't be making the place noisome.

[AT]

If ignorant rednecks

Now tell the folks the N-word slur you use for black people. And the F-word slur you use for gays. And the C-word slur you use for women.

Come on Lib, let's see your tolerance and diversity at work.

[Krychek_2]

I don’t practice in California, but perhaps someone who does can tell me if there’s any reason to not, in addition to suing the county, also sue him personally in state court for state intentional torts, like trespass and battery. If he has a house, maybe she’ll end up owning it. And that would be a far greater deterrent to other bad behavior by law enforcement than a judgment paid by the County's insurance company.

[Use the Schwartz]

LOL as if "probable cause" isn't just invented pre/nunc/post anyway.

"I smelled drugs..."
"Something seemed off..."
"The suspect was acting strange..."
"The taillight on their house was busted..."
"Mars and Venus were in conjunction..."

[LIBtranslator]

Don't forget:
License plate light too dim...
Turn signal blinker too slow...
Vehicle listing to port...
Mismatched hubcaps...
Driver looked a liiitle too Hispanic to be here legally...
These are what you expect while fishing in Port Aransas, Texas

[diver64]

Big deal in my county for a time was "weaving within your lane". Finally stopped when someone with enough money went after the town pointing out that using the entire lane was perfectly legal.

[LIBtranslator]

This is the laboratory demonstration of anarcho-communist doctrine that borders are scratches in sand, that stopping invaders is initiation of force and that making applicants for entry state their purpose before you decide whether or not to admit them is "statist." So long as there are looters, the antonym of what they seek to smear as "statist" is initiation of force and legalized murder.

[diver64]

Opening your door absent of other illegality does not give the police the right to enter your home. If the police show up either do not open the door or do so just long enough to step outside and close it right behind you.