police getting permission to search

[kennyd]

During the recent kidnapping rape, and dismemberment in the Denver area, the police went door to door asking questions, as theyt should have.  They canvassed every adress for many miles around.  BUT, they also asked to search every house, and asked for DNA.  Just like all you, I would have done anything to get the girl back safe, but wonder how I would have reacted to the search request.  They apparently did come up with other things they oberved when looking through homes(meth lab and other minor things).  I don't think they need my DNA, to know if there are any loaded guns kept, or where, how ornery my old dog can be, or how much pain relief (legal) we have on premises.


It seems everyone "cooperated" including the kid who was turned in by his mom, and he had given his DNA swab. 


What would be the reaction had I not allowed a search, or given a swab?  (We do not live close enough to the area to have been affected).


How would you all react?  Same as for asking to search your car; once we were stopped at a roadblock, and opened the trunk, looking for a jail escapee.  We didn't have him, or anything else visible.  I question also the DUI roadblocks, or the random airport searches.

[yellowtail3]

If the police came and asked to search my place or get DNA sample, the answer would be an unequivocal NO. Not a change. Not only NO, but No as expressed by Al Swearingin.


Never, never, NEVER cooperate with police when they start looking at you, where there's a possibility you'll be charged. Never. If they say "If you've got nothing to hide.." realize they're fishing. They can and will use whatever helpful things you do against you, should they decide to charge you. DO NOT HELP THEM.

[Swift One]

I would have serious reservations to them coming in my home.  Police have a tendancy to create some stuff to make them look good.  If the public starts getting comfortable with the police showing up to check your house for any old thing, it will make it that much easier for them to put that into law in the future.  Today's cop mentality has proven to me that they have WAY to much authority over Joe citizen.
 
I find it hard to believe that the ones that were found to have meth labs in their house just agreed to let them come in their house based on "permission".  I am betting that they were greeted at the door by a badge pretty much telling them they needed to check their house in a search for a missing child so they can clear it off the lost and move on.
 
Knock Knock.
 
 "Oh crap honey it's the police!  Close the door to the bedroom where we keep the meth supplies!"
 
"Good evening.  I am with the police dept.  May we have permission to search your house? We are looking for a missing child and we want to check all the houses in the neighborhood to clear them from the list." 
 
"Why you certainly may have permission!!  Come on in! Donut?  Coffee?  BTW, nevermind the bedroom full of hilljack crack.  Gosh, I am so concerned for that child."
 
ya, I dont think so...

[highwayman]

not gonna give them permission to search my house or give them dna swab.   already turned them down on the dna swab one time before.

[Shu]

Be polite and say no. If they ask if you have anything to hide say no. DNA swab say no. If they are serious about searches and DNA they can get a warrant easily enough. If they continue asking, simply ask if you are a suspect. Stay firm in your no answer and tell them you feel uncomfortable without a lawyer. Tell them you WANT a lawyer. After that name rank and serial number only keep your mouth shut. They are fishing. You must identify yourself if asked, you do not have to invite them in or give DNA just becuase they want it. A warrant is required for DNA and a search.
 
Roadside sobriety checks have been upheld in court. If they ask to look in your trunk at a sobriety check point be polite but say no. Looking into your trunk has nothing to do with your ability to safely operate a vehicle. If they want to search they can get a warrant. If you are drunk while driving you get what you deserve.

[LONGTOM]

Always step outside and pull the LOCKED DOOR closed behind you.
Answere as few questions as you can with a simple yes or no and then wait until they leave before opening the door and going back in.
If they insist then politely tell them to obtain a search warrant and while they are doing so either you call or have someone in the house call your lawyer.
These things are within your rights.
Remember when they came around and asked all kinds of questions about your home and tried to take pictures of it.
I told them to leave and that my address was on the mail box at the end of my driveway.
They could take all the pics they wanted from out there.
They did leave and took all their pics from the highway about 450' away.
If I goggle my address and hit satellite view all I see is what you would see while driving by on the road.
No main entrance is visible.
You have rights, use them or lose them!
 
Oh, by the way.
The police are not doctors
Any and all samples you might give should be done in a hospital by professionals.
 
 
LONGTOM

[Old Fart]

I'd say no and then tell then I'll search my house for any unwelcome guest and that they could come pick up the body later if I found any.

[powderman]

Be polite and say no. If they ask if you have anything to hide say no. DNA swab say no. If they are serious about searches and DNA they can get a warrant easily enough. If they continue asking, simply ask if you are a suspect. Stay firm in your no answer and tell them you feel uncomfortable without a lawyer. Tell them you WANT a lawyer. After that name rank and serial number only keep your mouth shut. They are fishing. You must identify yourself if asked, you do not have to invite them in or give DNA just becuase they want it. A warrant is required for DNA and a search.
 
Roadside sobriety checks have been upheld in court. If they ask to look in your trunk at a sobriety check point be polite but say no. Looking into your trunk has nothing to do with your ability to safely operate a vehicle. If they want to search they can get a warrant. If you are drunk while driving you get what you deserve.

 
Agreed Sir. You pretty well said what I was thinking. POWDERMAN. 

[Shu]

When I was a cop, if I really wanted to search somebody's house I would get a warrant. Just fill out the paperwork and the judge would sign off if you met the probable cause. It was easy. I would ask if the person if I could come in and search. If they said get a warrant I would hand it to them.
 
An old deputy taught me always be nice, you can always add water and become an a hole if needed. His advice saved me lots of trouble. It was always easier to have your suspect help arrest himself than fight with him.
 
While the LEO is looking in the door anything in plain sight can be probable cause. LongTom said it right, step out side and lock the door behind you. They can take pictures from the curb.

[Brett]

Around here DNA swabs are SOP...to add to the database. Not going along with police mentality and what they want could result in a 'tune up', certainly you will be put on a 'list'.
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..TM7

The police ain't getting spit from me literally and figuratively unless they have a warrant and my lawyer is present.   Chances are most of us here are on "the list" already anyway.

Being "cooperative" may win you brownie points with your boss or your wife but all it will get you is in hot water with the police.

[Shu]

If you allow a warrantless search yo get what you deserve. You can be polite and still say no. I have sat through both sides of the tactics for a search. Be polite and say no. Ask if you are being charged with a crime. If they say no ask why you are being treated as a suspect. If they ask if you have something to hide again ask if you are a suspect or under arrest. If you are not under arrest be polite and leave. Don't allow yourself to get angry or baited into talking. Shut up and leave if not under arrest. You can ask if you can leave if they say no ask if you are being charged if they say no then leave. You can even ask to be shown the front door.
 
Call a lawyer, and keep saying no. Tell them you have nothing to say without presence of counsel.
You have the right to remain silent exercise it. If you get "tuned up" for not submitting you have a lawyer use them. If you get put on a "list" thats ok the police can watch you go to work, walk the dog and eat dinner with the family everyday.
 
Be polite but be firm in saying no.

[FPH]

Around here DNA swabs are SOP...to add to the database. Not going along with police mentality and what they want could result in a 'tune up', certainly you will be put on a 'list'.
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..TM7

You have to be arrested here for DNA to be taken without your permission, or a warrant.  I was stopped at a sobriety check point not long ago.  I has a fairly bad stroke about 6 years ago.  Therefore my balance is not the best, but I have been cleared to drive by both the State and my insurance Co.  I even carry a doctors letter explaining my situation.......boy did they try everything they could think of to arrest me (made on guy mad he could not find me drunk).  I had  not had a sip of alcohol in two weeks.