Martial Law in Boston Justified? Yay or Nay?

[oldguy1950]

No bias in this question! "Militarized police" "military helicopters" "fourth amendment ceased to exist" poor injured 19 year old kid. Blah, blah....

Right! A poor injured kid who had just run over his brother, shot at cops (one dead), hijacked vehicles, thrown bombs at police, and only hours earlier planted and detonated a bomb that killed three and maimed dozens more. And who was armed and desperate. The fourth amendment doesn't cease to exist in these cases. A search for a dangerous fugitive might seem reasonable to someone who isn't called an outlaw. And no warrant is needed in a hot pursuit situation because the person to be seized is not in question. However, if an officer found contraband in one of the homes, it might well be a fourth amendment violation to seize it and bring charges against the homeowner.

 

[oldguy1950]

Yea! Totally justified given the situation...notwithstanding your jaundiced view of reality.

 

[zeebea]

What would have happened if one of these people were armed? I know I am armed most of my awake time and if I lived there I would have for sure been armed. I have issue with this, I would be hard pressed to let them into my house.

 

[Nightmare45]

Not justified at all, if you requested me to shelter in place, I would consider it, if I did and anyone beat on my door armed they better have a warrant.

 

[NCIC105]

NAY...It is a slippery slope we are on, and I fear it will get away from us, and we will soon be servants of our Government.

 

[CharlesMorrison]

It's amazing to read that some think tossing the constitution aside for this perp is justified.
My rights are non-negotiable. You want into my home, get a warrant.
I too am armed at home, all day long. If they forced an entry, things would get ugly.... Period.
If anyone feels that "we, the people" should give in, especially under those circumstances, you go right ahead but I DO NOT relinquish MY rights just to "go along" with the unwashed masses!

 

[GB-Boater]

What really bothers me along with constitutional rights being trampled on they knew they were looking for a 19 yr old male, What the hell are women doing coming out of the house with their hands up ? It just doesn't look right the way they removed people from the house.

 

[sdprof]

Link Removed

If all the businesses were closed down (except Dunkin Donuts), where did the cop get the milk?

 

[CharlesMorrison]

If all the businesses were closed down (except Dunkin Donuts), where did the cop get the milk?

They had it flown in on Air force one.

So nice to see that after their rights were violated that SWAT felt bad and brought milk.

Oh wait! That's right! They were in LOCKDOWN and unable to go to the store so SWAT had to make a milk run for them!

 

[gejoslin]

They had it flown in on Air force one.

So nice to see that after their rights were violated that SWAT felt bad and brought milk.

Oh wait! That's right! They were in LOCKDOWN and unable to go to the store so SWAT had to make a milk run for them!

I'm pretty sure they used the "policemans key"!

 

[Bigcarlover]

How easily we forget.

Link Removed

 

[mkuisi8mo]

"There's a reason you separate the Military and the Police. One fights the enemy of the State and the other serves and protects the People. When the Military becomes both, then the enemies of the State tend to become the People." - Admiral William Adama, Battlestar Gallactica

Link Removed

 

[apvbguy]

He was a certified LEO. Your facts suck.

he may have been a certified LEO but he was employed as a security guard, not a sworn officer, thanks for playing and trying to defend your cop pals

 

[Totidem Verbis]

Martial law is usually imposed on a temporary basis when the civilian government or civilian authorities fail to function effectively e.g., extensive riots and protests, or when the disobedience of the law becomes widespread.

So,you imprision the many to capture the one... Or was this an excuse to run a drill disguised as a man hunt?

 

[r1derbike]

Did anyone notice the peep in the armored personnel carrier on the turret had the cameraman in his sights of his fully automatic true assault rifle? And his cap on backward?

Yeah, this operation has some vectors that stink.

mkuisi8mo did you take that picture?

If someone had me in their sights to survey engagement, as the guy did, I think the turret shooter would have a very bad day. Someone who points a full-auto assault rifle at me ready to engage for no reason, will be met with equal interest.

Don't forget, this administration thinks every citizen could be a possible terrorist.

 

[OlympicFox]

Good poll....hard to quantify an answer that justifies the question. There is a definite difference between martial law and police action for public safety. I don't believe that Boston and surrounding communities declared 'martial law', but there certainly was a preponderance of visuals and police action that can be construed as such.

Exigent circumstances allow for warrant less searches. This is also called 'Hot Pursuit' or 'Fresh Pursuit'. The allowance for entry is based on the preservation of "the need to circumvent the destruction of evidence, and the need to prevent the loss of life or serious injury".

The supreme court has ruled on several cases where they upheld a homeowner's 4th Amendment rights, and there are several cases where they sided with law enforcement. In the Boston case, I would think that a slippery slope was imminent with every house entry and LEO was briefed that the only thing they were looking for was the suspect and whatever evidence that might be linked to the suspect - clothing, blood, etc. If any charges were brought against a home owner non related to the 'hot pursuit of the bombing suspect', a sound defense for the property owner would be that their 4A was violated.

I'm sure there will be some test cases out of this event. It will prove interesting to watch.

When I was trained regarding the laws & "hot pursuit" we were told that you needed to maintain some kind of constant contact with the party you were pursuing in order. If you lost contact, then it was no longer hot pursuit.

For example, if we were chasing a bad guy and we saw the bad guy running into a house, then we could follow in "hot pursuit". However, if we lost sight of the bad guy, then we had to follow the laws regarding a normal fugitive from justice.

This was not hot pursuit.

 

[dad45acp]

He was a certified LEO. Your facts suck.

he may have been a certified LEO but he was employed as a security guard, not a sworn officer, thanks for playing and trying to defend your cop pals

This man was assassinated. Why would you or Charlie even try to bring up this up after he has been killed...violently? What's your point other than trying to be a tool?

PS. Armed security with arrest powers....cop...police force. Mayyyybe why he was named as a MIT Police Officer? You're an idiot. Your facts continue to suck.

 

[JimPage]

I see paranoia in many contributors to this thread and LEOs performing a difficult, dangerous task well. No one was hurt other than possibly their feelings that they had to put their hands up.

 

[Rhino]

I don't live in the city. (Thank you God!) :smile:

But, I would probably let authorities search my barns & outbuildings. My home would be secure and they would most likely be convinced of that when they approached my door and saw my pit bulls threatening to come through the windows. If that didn't convince them that there wasn't any need to search inside my home, I'd politely tell them go on down the road; unless they had a warrant.


-

My Labradors wouldn't be much of a convincer trying to lick their hands, get pets and beating them with their tails, but everything else would be about the same. They wouldn't be welcome in my house without a warrant but they could search my workshop.

 

[gejoslin]

My Labradors wouldn't be much of a convincer trying to lick their hands, get pets and beating them with their tails, but everything else would be about the same. They wouldn't be welcome in my house without a warrant but they could search my workshop.

That tail beating isn't much of a deterrent is it? :no:

Mine is the same way. :happy: