回复 xilaideng 发表评论于 2022-03-16 19:45:30
警察让她把刀放下,而且反复不止一次,她拒绝,把通知书仍在地上,让后把甩门把警察关在门外,就可以言之凿凿地说她不是“持刀抗法“?
物管的话恰好佐证了她持刀并不是针对警察,针对无关就不是威胁他人生命了(public threat)?。
拒签是否在加州必然导致被捕,加州居民比加州警察更用发言权?
关于Lange v. California一案,我在前面说了,那个案子是misdemeanor,李博士构成threat to public safety。警察第二次进去已有足够理由不需要warrant入室实施逮捕:
In June 2021, the Supreme Court held that the Fourth Amendment requires the presence of case-specific exigent circumstances in order for police officers to enter a home without a warrant to make an arrest. Attempting to complete a misdemeanor arrest, the Court explained, does not categorically qualify as an “exigent circumstance” that allows for a warrantless home entry.
xilaideng 发表评论于
回复 'mapletea' 的评论 :
我从未说过警察第一次来时进了门,也许你在同时与多人讨论,搞混了对话人。
即使她在警察送文件时“构成抗法”,但也无法言之凿凿地说她“持刀抗法”,物管的话恰好佐证了她持刀并不是针对警察。
拒签是否在加州必然导致被捕,加州居民也许更有发言权。
不过,在你提供的Lange v. California一案中看出,即使是Lange发生在公共道路上的危险行为,高法都不认同加州警察在未经允许的情况下进入其屋内,更何况此案死者是在家而非公共场合持刀,打起官司来死者家属的赢面应该更大。
mapletea 发表评论于
回复 'xilaideng' 的评论 :
漏了第三条,公寓管理员已告知警察李博士之前已用刀威胁过工作人员,就像英文媒体报道的,“Based on this reported crime, there was a threat to public safety”, 如果警察对此置之不理,之后真发生砍杀事件,谁负这个责?公寓管理员是不是要告警察失职?
Do You Have to Sign a Traffic Ticket in California?
The short answer is, no. Legally, you are allowed to refuse to sign the traffic ticket. Nobody can force you to sign. However, there will be consequences. If you refuse to sign the traffic ticket, the issuing officer is required by law to arrest you. You will be taken into custody and presented before a judge for arraignment of the charges
回复 xilaideng 发表评论于 2022-03-16 15:57:58
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开门前是不是持刀并不重要,重要的是警察让她放下刀她不放下,还把进入房内的三名警察从卧室门口把警察打的节节败退,最后三名警察被打到门外走廊,乱作一团摔倒在地,她还不住手,继续冲出门外俯身挥刀朝三名警察刺杀,一名警察胸部被刺,后送医院治疗。现在没人说警察开枪不对,但有很多说警察进入屋内违法,激化了矛盾。警察都带着bodycam,记录了执法过程,涉事警察都已停职接受调查,结果如何大家拭目以待。以往这种事情发生后,首先发声的是人权组织,指责警察暴力执法,但现在没有一个人权组织出来指责警察,只有个别律师认为警察处理不当。现在英文媒体的报道基本都有这两句"“Based on this reported crime, there was a threat to public safety,”,“This is also probable cause to arrest Li for assault with a deadly weapon.”
In June 2021, the Supreme Court held that the Fourth Amendment requires the presence of case-specific exigent circumstances in order for police officers to enter a home without a warrant to make an arrest. Attempting to complete a misdemeanor arrest, the Court explained, does not categorically qualify as an “exigent circumstance” that allows for a warrantless home entry. In the majority opinion for the Court, Justice Kagan cited CAC’s brief as she detailed the common law’s traditional safeguards against warrantless home intrusions and how that history supported the Court’s ruling.
mapletea 发表评论于
回复 'xilaideng' 的评论 :
找到一个加州的案例,Lange v. California,供参考:
Summons
Another way to be served for a traffic violation is by way of a summons. A summons takes the place of an actual arrest, and instead of being arrested, being taken to jail, and then released on promise to appear in court, all these steps are passed. You are simply summoned to court to face your charges. A summons is more serious than a traffic ticket because you must appear for your court date, and if you do not, then you may be subject to an arrest and will face new charges. A summons is usually issued for motor vehicle offenses including reckless driving or evading responsibility.
西雅图eagles 2022-03-16 08:36:46 回复 悄悄话 你们州警察问题太大了,当面撕罚单要被Arrest,你在中国?
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Yes, not only can you be arrested in Virginia for refusing to sign a summons, in fact you will be arrested for refusing to sign a summons in Virginia. Pursuant to Virginia law, officers are permitted, and in some situations required......
Examples
Blue circle with yellow number oneSEARCH WARRANT
Officer Brown and his team have a warrant to search Adam's home, based on probable cause that Adam has drugs inside. When they get to the door, Officer Brown announces that police are serving a search warrant and demands the door be opened. Adam hears them but decides not to open the door. Because he has a warrant, after a reasonable amount of time has passed Officer Brown and the team may break down the door, detain Adam, and search the residence.
Blue circle with yellow number twoEXIGENT CIRCUMSTANCE
A neighbor has called police and told them he can hear two people next door screaming at each other and items being smashed. Officer Brown knocks on the door and Adam answers. Brown sees Adam has a bloody nose. Adam won't let Officer Brown in the apartment and denies anybody else is home. Exigent circumstances allow Officer Brown to enter the apartment even over Adam's objection, because he has a good reason to think there might be somebody hurt inside.
Blue circle with yellow number threeUNLAWFUL ENTRY
Officer Brown has probable cause to arrest Adam for theft, but not a warrant. He goes to Adam's house and knocks on the door. Adam opens the door but does not step outside. After Adam refuses to come out, Officer Brown reaches across the threshold of the door and grabs Adam and drags him out. This arrest was illegal in Washington, because Officer Brown did not have a warrant to enter Adam's home, and reaching across the threshold of the door is an unlawful entry.
西雅图eagles 发表评论于
西雅图
When can police legally enter my home?
If the officers have a search warrant or an arrest warrant for someone who lives at the residence, they may enter even without your permission.
If there is a reason to believe someone is injured or in danger, officers may enter without your permission.
If you verbally agree to let the officers enter or search your residence, the officers may do so. A third party (such as a guest) may not consent on your behalf.
Do I have to consent to letting the officers search my home?
Unless officers have a search warrant or there is an emergency, you can say no to a search, tell the officers what room(s) they can and can't search, and take away your consent at any time.
If the officers are looking for evidence of a crime, the officers are required to advise you of these rights, which are called Ferrier warnings.
If SPD officers enter with your consent, SPD policy requires that you either be asked to sign a "consent to search" form or that the consent be recorded on video.
What if officers enter without my permission?
In general, officers must knock and announce themselves and their purpose before forcing entry into your residence, even when they have a warrant.
Do not resist or argue with the officers, even if you believe what they are doing is illegal. Officers may handcuff you when they come in, and you should comply with their orders for safety.
If officers are serving a search warrant, you should be given a copy of the warrant as well as a receipt for any property the officers seized.
If you are arrested because of an arrest warrant, officers may wait to show you the warrant until you are booked into jail.
If officers do not have a warrant, request a business card with the officer's name, badge number, and the incident number.
Grounds for Warrantless Searches
Under the law, police officers may be allowed to search through your private belongings in the following circumstances:
When permission is granted. Police do not need a warrant if you give them permission to conduct a search; however, you are under no obligation to give such consent. It is important to note that consensual searches are a controversial topic. For example, when there is more than one person in a residence, it may be unclear who is authorized to consent to a search.
Emergency circumstances. Sometimes police have probable cause to believe that a person is in danger or that valuable evidence is about to be destroyed. In these cases, they may be able to enter and search an area even without permission.
Searches made with arrests. When you are placed under arrest, police have the right to search you for any weapons or contraband items. If you are arrested while driving, they are also able to search the interior of your car. If they have probable cause to suspect that illegal items are in the car, they can conduct a full search (trunk, glove compartment, etc).
Plain view. Police do not need a warrant to seize any evidence they see in plain view while legally visiting a certain area. For example, if you allow the police into your home to talk to you, they can seize any illegal items or potential evidence they see lying around.
Unfortunately, these legal exceptions can be easily abused by negligent or overzealous officers. Our Champaign defense lawyers can inform you of your rights and fight to protect them.
A "grave offense" happened or is happening;
The "suspect is reasonably believed to be armed;"
There's "more than minimum probable cause based on reasonably trustworthy information to believe" that whoever they're pursuing actually did something wrong;