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Old 12-28-2007, 07:11 AM   #33 (permalink)
dksuddeth
Junkie
 
Location: bedford, tx
Quote:
Originally Posted by Herk
They asked for her. I told them she was not here. They asked to come in. I told them no. They asked if I was harboring a fugitive, and I replied no. He asked me where my sister was. I told him I did not know, and that we don't keep tabs on one another, because we don't. She could be out on a date for all I know. They told me they'd like to check the house for her. Again, I said no thanks. They asked for her cell phone number. I told them that I meant no disrespect, but I don't give out other people's phone numbers.
You were doing good right up until the point that you told them you didn't know where she was. Because you did actually know and told them you did not know, you were technically harboring a fugitive, ONLY if they actually had a warrant. Here is the thing, if there really was a warrant, they would not have needed your permission to search your house for her, provided YOUR address was on the warrant. They either didn't have the warrant or didn't have YOUR address on the warrant. You were totally in the right when refusing them entry and there was nothing they could do about it.

Quote:
Originally Posted by Herk
Then he asked for my ID. I asked him why. He said, so that he could see that I was who I said I was. This was a totally acceptable reason. Keep in mind, I'm not trying to be a dick, I just needed a good reason. So, I pulled out my DD Form 2, which I have only because I remain on inactive ready reserve. He said, "So you mean to tell me that you are in the service, and you are still going to harbor a fugitive?"
You do not need to provide ID on demand unless you're getting a ticket for a driving infraction. All you are required to do is give them a name and an address.

Quote:
Originally Posted by Herk
Anyway, the bitch next to Barney Fife decide to jump in. She said something to the effect of I needed to start disclosing information or else. I said, "Ma'am, I mean no respect to either of you, but I'm quite certain I've broken no laws. If I have, please let me know. I'm just trying to protect my sister as much as possible, without breaking the law, until I know what is going on."

She replied, "Well what's going on is your sister has a dangerous felony warrant out for her arrest."

"For what?"

"I can't tell you that sir."

"Ok."
If they had the warrant to pick her up at your house, they would have had to show you it, by law.

Quote:
Originally Posted by Herk
Then she said, "You know what is going to happen when we see a black Monte Carlo in this culdesac tonight?"

...

"We're going to get a search warrant, bust down your door, children will be scared, put you all on the floor at gun point, search your property, then take all of you to jail, and your child(a princess, she's 6) to DFS."
This is a clear, plain threat against your private property rights as well as your civil rights. While they MIGHT have been able to get a 'no knock' warrant from a sympathetic judge, most others would not approve such a dangerous tactic for a mere possession charge. You handled this part much better than I would have, kudos to you.

Quote:
Originally Posted by Herk
Secondly, why does everybody seem to think of the government as paternal, like we're supposed to do what the government says just because. NO NO NO! They are in place to do what we say is the best for all of us. You and I pay their paychecks, and last I checked we are not criminals until be convicted as such. Up until then we are just an equal American with the right to all the same respects as a police officer.
I feel your pain. I cannot explain the reasons why most people think they are slaves to the government and when I do, I'm villified by them on this board for not thinking with the herd mentality.
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"no amount of force can control a free man, a man whose mind is free. No, not the rack, not fission bombs, not anything. You cannot conquer a free man; the most you can do is kill him."
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