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Author Topic: Illegal to be arrested inside your home?
kallrynne
I Saw Three Shipments


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My SO says that it is illegal for the police to arrest you inside your home. At least in most cases. That is why they ask you to step outside. He doesn't recall where he heard this and I can't find reference to it anywhere. I have heard it from at least one other person though. It just doesn't seem to hold water to me. Anyone know details on arrest protocal or anyone heard this before?
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Not_Done_Living
I'm Dreaming of a White Sale


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its not "illegal"...

but they have to have a warrent to enter the premisis.

If you exit your home.. they can arrest you easily.

You are also less likly to have loaded weapons stashed in your bushes then behind your couch.


so its safer.

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odin343434
I'll Be Home for After Christmas Sales


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Maryland

I found this in Maryland anyway.

So if they have a warrant, yes they can arrest you in your home.

If they have reasonable cause to believe that you will flee, destroy evidence, or harm them they don't have to reveal themselves as police officers serving a warrant in your home... otherwise, they do need to identify themselves and what they are doing.

It does not specifically say so on that page (and I honestly didn't look to deep) but I would have to believe that you can be arrested in your home without a warrant if a crime is observed by other means.

Example: Your neighbor reports you for making too much noise. Police come to your door, you open the door and there are drugs in plain sight.

Or if you are fleeing police and enter your home, they would have the right to pursue and arrest... I would imagine.

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pinqy
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It is mostly a safety issue. They're already outside and know what and who is there. Inside, they don't know if there's someone else, or if there are weapons, or dogs, or killer goldfish. If they're coming to your home then that means they have a warrant for your arrest. They're cops, not vampires...they don't need an invitation to enter your house on legitimate business. You can't just stand on your side of the threshhold and say "nyah nyah nyah, I'm home safe."

pinqy

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MaleOrderBride
I'm Dreaming of a White Sale


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quote:
Originally posted by pinqy:
You can't just stand on your side of the threshhold and say "nyah nyah nyah, I'm home safe."

You actually can.

http://www.amren.com/mtnews/archives/2006/08/immigrant_takes.php

This illegal immigrant took "sanctuary" in a Church and the police can't do a damn thing about it...

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wanderwoman
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quote:
Originally posted by MaleOrderBride:
quote:
Originally posted by pinqy:
You can't just stand on your side of the threshhold and say "nyah nyah nyah, I'm home safe."

You actually can.

http://www.amren.com/mtnews/archives/2006/08/immigrant_takes.php

This illegal immigrant took "sanctuary" in a Church and the police can't do a damn thing about it...

I think this is more of a PR problem than a legal problem. It generates a lot of bad PR to barge into a church, shooting. Go figure. [Razz]

Other than that, I agree with what others have said here. With a warrant or probable cause, you can get arrested in your home.

--------------------
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Eddylizard
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quote:
Originally posted by MaleOrderBride:
quote:
Originally posted by pinqy:
You can't just stand on your side of the threshhold and say "nyah nyah nyah, I'm home safe."

You actually can.

http://www.amren.com/mtnews/archives/2006/08/immigrant_takes.php

This illegal immigrant took "sanctuary" in a Church and the police can't do a damn thing about it...

But the OP was about being inside your home, not a church.

Also from the link

quote:

Legal experts agreed that the traditional doctrine that people are protected from arrest in a church is not recognized under U.S. law.




--------------------
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diddy
Markdown, the Herald Angels Sing


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Chances are if the cops are gonna haul you away they probably have an arrest warrent and if you refuse to exext your house the cops would figure exergent (sp??) circumstances and arrest you anyway. If they didnt have an arrest warrent you would have been fleeing and most cops would chanse you through your house assuming you were going for a weapon.

--------------------
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1958Fury
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So your best bet is to live in a church.

--------------------
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snopes
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quote:
Illegal to be arrested inside your home?
Yes, it's illegal to be arrested in your home. If you are caught being arrested in your home, you could be arrested for being arrested in your home.

- snopes

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Eddylizard
We Wish You a Merry Giftmas


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quote:
Originally posted by snopes:
quote:
Illegal to be arrested inside your home?
Yes, it's illegal to be arrested in your home. If you are caught being arrested in your home, you could be arrested for being arrested in your home.

- snopes

But having been arrested in your own home, if you are then arrested in your own home for being arrested in your own home, wouldn't that constitute entrapment?

--------------------
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Dark Blue
The First USA Noel


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It is not illegal to arrest someone in their home. I have done so frequently. A warrant is not a requirment

--------------------
I'm a sheepdog. I live to protect the flock and confront the wolf. -- On Sheep, Wolves and Sheepdogs by LTC. Dave Grossman, USA (Ret)

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Troberg
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quote:
It is not illegal to arrest someone in their home. I have done so frequently. A warrant is not a requirment
But what does it take for you to be allowed to enter the home? There must be some kind of strong reason to believe a crime is being committed?

--------------------
/Troberg

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JFB
Jingle Bell Hock


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quote:
Originally posted by Troberg:
But what does it take for you to be allowed to enter the home? There must be some kind of strong reason to believe a crime is being committed?

Exigent circumstances, a rationale derived from the wording of the Fourth Amendment:

quote:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated...
One can also invite the police into one's home, with either a gilded invitation or a nod.
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Lainie
Ding Dong! Merrily on High Definition TV


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quote:
Originally posted by JFB:
One can also invite the police into one's home, with either a gilded invitation or a nod.

Which people sometimes do when it's against their self-interest.

--------------------
How homophobic do you have to be to have penguin gaydar? - Lewis Black

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JFB
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quote:
Originally posted by Lainie:
quote:
Originally posted by JFB:
One can also invite the police into one's home, with either a gilded invitation or a nod.

Which people sometimes do when it's against their self-interest.
Absolutely. I would even amend that "sometimes" to "often."

As far as I know, the only way to anull a consented search or entry is to prove coersion. Not an easy thing to do.

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Oceanic Aura
The First USA Noel


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quote:
Originally posted by MaleOrderBride:
quote:
Originally posted by pinqy:
You can't just stand on your side of the threshhold and say "nyah nyah nyah, I'm home safe."

You actually can.

http://www.amren.com/mtnews/archives/2006/08/immigrant_takes.php

This illegal immigrant took "sanctuary" in a Church and the police can't do a damn thing about it...

Does anyone know anything about that site? Some (most, maybe all!) of the comments under that story are fairly disturbing. I could barely wade through some of the other posts.

Egads, man.

--------------------
"Are we talking misdemeanor trouble or squeal like a pig trouble?"

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Elwood
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Yeah, I especially like this gem:

quote:
The God that I know wouldn’t allow—or even tolerate—foreigners to come here, dispossessing us in our own land, demanding all the benefits of America against the consent of our laws, government, and majority; but if he would allow it, then He is not my God.

The God that I know wouldn’t reward masses of sinful mestizos. . . or even allow them to spread their influence in our land, because of their sinful nature, which is greater than that of the white race. But if he would, then He is not my God.

Glad to know your god only wants white people in the U.S.

--------------------
"If I didn't see it and didn't know it was a real news report, I wouldn't believe it. I mean, how nutty can you get?"-Pat Robertson Oct 26, 2006.

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kallrynne
I Saw Three Shipments


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The answers have been educational. So, basically there is some safety for being in your home if you are a law abiding citizen who has done nothing to warrent being arrested. However, if the police are there to arrest you, then they already have a good reason and can enter to arrest you at any time. They may ask you to step outside because of safety issues, but they can go in if they want. They cannot, however, enter your house uninvited and then try to come up with some reason to arrest you if there isn't a reason already. Have I got this all about right?


quote:
quote:
--------------------------------------------------------------------------------
Illegal to be arrested inside your home?
--------------------------------------------------------------------------------

Yes, it's illegal to be arrested in your home. If you are caught being arrested in your home, you could be arrested for being arrested in your home.

- snopes

I almost choked on my drink laughing when I read that. I wrote the post as I was getting ready to go out the door and didn't realize how I had worded my OP. [Wink]
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rsamboragal
I Saw Three Shipments


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quote:
Originally posted by Troberg:
quote:
It is not illegal to arrest someone in their home. I have done so frequently. A warrant is not a requirment
But what does it take for you to be allowed to enter the home? There must be some kind of strong reason to believe a crime is being committed?
All that is needed is probable cause.

--------------------
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GenYus
Away in a Manager's Special


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quote:
Originally posted by Elwood:
The God that I know wouldn’t allow—or even tolerate—foreigners to come here, dispossessing us in our own land, demanding all the benefits of America against the consent of our laws, government, and majority; but if he would allow it, then He is not my God.

So your God was taking a nap during the colonization of the New World?

--------------------
IIRC, it wasn't the shoe bomber's loud prayers that sparked the takedown by the other passengers; it was that he was trying to light his shoe on fire. Very, very different. Canuckistan

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Lainie
Ding Dong! Merrily on High Definition TV


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quote:
Originally posted by kallrynne:
The answers have been educational. So, basically there is some safety for being in your home if you are a law abiding citizen who has done nothing to warrent being arrested. However, if the police are there to arrest you, then they already have a good reason and can enter to arrest you at any time. They may ask you to step outside because of safety issues, but they can go in if they want. They cannot, however, enter your house uninvited and then try to come up with some reason to arrest you if there isn't a reason already. Have I got this all about right?

Sounds right. What gets some people into trouble, as I alluded to before, is that they foolishly let the cops in when they ask permission, despite their being evidence of illegal activity (drugs or paraphernalia, for example) clearly visible inside the home. The smart thing to do would be to say, "No, you can't come in right now," and if they leave to get a warrant, clean up the legal activity before they come back.

Note: I am not encouraging or condoning illegal behavior, merely noting that some criminals are stupid. [Smile]

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Lainie
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quote:
Originally posted by GenYus:
quote:
Originally posted by Elwood:
The God that I know wouldn’t allow—or even tolerate—foreigners to come here, dispossessing us in our own land, demanding all the benefits of America against the consent of our laws, government, and majority; but if he would allow it, then He is not my God.

So your God was taking a nap during the colonization of the New World?
No, his God was directing the colonization of the New World, because the sins of the aboriginal non-white population were greater than those of the white race.

Try to keep up.

--------------------
How homophobic do you have to be to have penguin gaydar? - Lewis Black

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NormaDesmond
I'm Dreaming of a White Sale


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quote:
Originally posted by Oceanic Aura:
quote:
Originally posted by MaleOrderBride:
quote:
Originally posted by pinqy:
You can't just stand on your side of the threshhold and say "nyah nyah nyah, I'm home safe."

You actually can.

http://www.amren.com/mtnews/archives/2006/08/immigrant_takes.php

This illegal immigrant took "sanctuary" in a Church and the police can't do a damn thing about it...

Does anyone know anything about that site? Some (most, maybe all!) of the comments under that story are fairly disturbing. I could barely wade through some of the other posts.

Egads, man.

A look at the home page makes clear that the American Renaissance to which the site's title refers will entail clearing the continent of anyone who arrived more than fifteen minutes after the Pilgrims. Actually, those Spaniards and Italians who "discovered" it probably aren't too welcome, either.

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There was a maharajah who came all the way from India to beg one of her silk stockings. Later he strangled himself with it!

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GenYus
Away in a Manager's Special


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quote:
Originally posted by Lainie:
No, his God was directing the colonization of the New World, because the sins of the aboriginal non-white population were greater than those of the white race.

Try to keep up.

Okay, I think I see it. Was God directing the bringing of slaves into the Americas so they could removed from their sinful native land?

--------------------
IIRC, it wasn't the shoe bomber's loud prayers that sparked the takedown by the other passengers; it was that he was trying to light his shoe on fire. Very, very different. Canuckistan

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evilrabbit
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quote:
Originally posted by GenYus:
quote:
Originally posted by Lainie:
No, his God was directing the colonization of the New World, because the sins of the aboriginal non-white population were greater than those of the white race.

Try to keep up.

Okay, I think I see it. Was God directing the bringing of slaves into the Americas so they could removed from their sinful native land?
Now your catchin' on!

--------------------
"My sandwich choice is uncertain, until I actually order. It's like Schrodinger's Sandwich."
"Is plutonium involved in this sandwich in any way?"
"Maybe."

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LeaflessMapleTree
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But due to their sins, they could never be fully equal!

Maple"It all makes sense now"Leaf

--------------------
"For me, religion is like a rhinoceros: I don't have one, and I'd really prefer not to be trampled by yours. But it is impressive, and even beautiful, and, to be honest, the world would be slightly worse off if there weren't any."
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Dark Blue
The First USA Noel


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quote:
The smart thing to do would be to say, "No, you can't come in right now," and if they leave to get a warrant, clean up the legal activity before they come back.

Smarter still would be to clean up the illegal activity before they get back with a warrant. [Wink]

--------------------
I'm a sheepdog. I live to protect the flock and confront the wolf. -- On Sheep, Wolves and Sheepdogs by LTC. Dave Grossman, USA (Ret)

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Lainie
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quote:
Originally posted by Dark Blue:
quote:
The smart thing to do would be to say, "No, you can't come in right now," and if they leave to get a warrant, clean up the legal activity before they come back.

Smarter still would be to clean up the illegal activity before they get back with a warrant. [Wink]
Yeah, that too. [Smile]

--------------------
How homophobic do you have to be to have penguin gaydar? - Lewis Black

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diddy
Markdown, the Herald Angels Sing


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quote:
Originally posted by Dark Blue:
quote:
The smart thing to do would be to say, "No, you can't come in right now," and if they leave to get a warrant, clean up the legal activity before they come back.

Smarter still would be to clean up the illegal activity before they get back with a warrant. [Wink]
All humor aside, wouldnt they just keep a cop there until they get a warrent who would probaly notice something was up or be suspicious enough to break the door open and catch you.

As it has been said before if they were certain you were breaking the law, they would have a warrent waiting before they even get there.

--------------------
W.W.F.S.M.D?
But this image of Bush as some sort of Snidely Whiplash tying the fair maiden to the railroad tracks is beyond the pale. - Joe Bentley

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Lainie
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quote:
Originally posted by diddy:
quote:
Originally posted by Dark Blue:
quote:
The smart thing to do would be to say, "No, you can't come in right now," and if they leave to get a warrant, clean up the legal activity before they come back.

Smarter still would be to clean up the illegal activity before they get back with a warrant. [Wink]
All humor aside, wouldnt they just keep a cop there until they get a warrent who would probaly notice something was up or be suspicious enough to break the door open and catch you.
Be suspicious of what? The toilet flushing?

In the cases I'm thinking of, there isn't a serious crime or prior suspicion involved. It's more like the cop comes to the door over, say, a noise complaint; asks to come in; resident says "okay," even though there's an ounce of weed on the coffee table; resident gets busted. Were the resident to refuse to let the cop in, the cop might not even consider it worth getting a warrant.

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How homophobic do you have to be to have penguin gaydar? - Lewis Black

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Doug4.7
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quote:
Originally posted by Oceanic Aura:
Does anyone know anything about that site? Some (most, maybe all!) of the comments under that story are fairly disturbing. I could barely wade through some of the other posts.

I think this comment is a good hint:
quote:
Do you all realize that it will take violence to establish a white homeland and it will take violence to keep it? Let us not fool ourselves.


--------------------
And now for something completely different...

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diddy
Markdown, the Herald Angels Sing


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quote:
Originally posted by Lainie:
quote:
Originally posted by diddy:
quote:
Originally posted by Dark Blue:
quote:
The smart thing to do would be to say, "No, you can't come in right now," and if they leave to get a warrant, clean up the legal activity before they come back.

Smarter still would be to clean up the illegal activity before they get back with a warrant. [Wink]
All humor aside, wouldnt they just keep a cop there until they get a warrent who would probaly notice something was up or be suspicious enough to break the door open and catch you.
Be suspicious of what? The toilet flushing?

In the cases I'm thinking of, there isn't a serious crime or prior suspicion involved. It's more like the cop comes to the door over, say, a noise complaint; asks to come in; resident says "okay," even though there's an ounce of weed on the coffee table; resident gets busted. Were the resident to refuse to let the cop in, the cop might not even consider it worth getting a warrant.

Kinda my point I guess. We can all agree that most cops that have suspicions that something bad is going on, they will get a warrant before going over there to prevent loss of evidence. You refuse a cops entrance for say a complaint, you may get him suspicious enough to radio it in and get a warrant.

You delay it enough to dispose of evidence, he's going to be asking questions though

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W.W.F.S.M.D?
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Posts: 2311 | From: Minnnesota | Registered: Mar 2004  |  IP: Logged | Report this post to a moderator
Lainie
Ding Dong! Merrily on High Definition TV


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quote:
Originally posted by diddy:
quote:
Originally posted by Lainie:
quote:
Originally posted by diddy:
quote:
Originally posted by Dark Blue:
quote:
The smart thing to do would be to say, "No, you can't come in right now," and if they leave to get a warrant, clean up the legal activity before they come back.

Smarter still would be to clean up the illegal activity before they get back with a warrant. [Wink]
All humor aside, wouldnt they just keep a cop there until they get a warrent who would probaly notice something was up or be suspicious enough to break the door open and catch you.
Be suspicious of what? The toilet flushing?

In the cases I'm thinking of, there isn't a serious crime or prior suspicion involved. It's more like the cop comes to the door over, say, a noise complaint; asks to come in; resident says "okay," even though there's an ounce of weed on the coffee table; resident gets busted. Were the resident to refuse to let the cop in, the cop might not even consider it worth getting a warrant.

Kinda my point I guess. We can all agree that most cops that have suspicions that something bad is going on, they will get a warrant before going over there to prevent loss of evidence.
But in my example, I specifically said there was no prior suspicion. I doubt the cops would routinely get a warrant before investigating a neighbor's noise complaint, just because the noisy guy might have some weed. Remember, they have to bother a judge every time they want a warrant. Do it a few times and find nothing, and you become the cop who cried wolf.

quote:
You refuse a cops entrance for say a complaint, you may get him suspicious enough to radio it in and get a warrant.
And if he walks in and sees your weed spread out on the table, he won't need a warrant.

quote:
You delay it enough to dispose of evidence, he's going to be asking questions though
So? His questions aren't enough to arrest you. The evidence would have been.

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Posts: 8322 | From: Columbus, OH | Registered: Aug 2005  |  IP: Logged | Report this post to a moderator
Elwood
Little Sales Drummer Boy


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It seems like there are a couple of instances locally a year where the cops are answering a noise complaint or possible domestic disturbance when they find drugs--sometimes a lot of drugs--in plain sight. If you've got a big pile of crack cocaine sitting on the coffee table, don't fight with your live-in girlfriend or throw a raucous, noisy party late at night. And if you've got a bunch of contraband in you're car, it might be prudent to obey the speed limit.

And really, is there ever a good idea to have a pile of drugs in the living room? I mean, geeze man, every teenager knows to stash the booze somewhere that mom won't find them, my parents only found mine when they replaced the floorboards, as there was a big enough hole to gently lift the carpet and stash them underneath; I was 21 by then so they only laughed. But grown adults leave hard drugs out while also drawing attention to themselves by fighting or being noisy. Perhaps the drugs have fried their brains?

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Posts: 2936 | From: Mean Streets of West Virginia | Registered: Feb 2003  |  IP: Logged | Report this post to a moderator
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