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Old 01-01-2012, 05:47 PM
lawbuff lawbuff is offline
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Join Date: Jan 2012
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Quote:
Originally Posted by Jack Batty View Post
Side-question: How legal would this be (I saw it on L&O:CSI:SVU:LMNOP)?

At the time, I recall thinking that it sounded damned illegal. The situatation was something around a child-porn ring and they had the one-guy dead to rights, but they needed his personal computer to seal the deal. There was some big gnashing of teeth about the expediency required, because if they couldn't get the warrant toot-sweet, he'd just destroy the evidence.

The solution was to post a police guard at the front door of the residence, barring anyone - even the owner - from entering until a judge could rule on the warrant.

Correct me if I'm wrong, but wasn't prior restraint roundly rejected by the Supreme Court?
In Illinois v. Macarthur, US SC 2001, they permitted such as you describe. The police kept the owner from entering for 2-3 hours until a warrant could be obtained. He had MJ in the house and to prevent it from being destroyed, no entry was permitted without the police accompanying him.

Last edited by lawbuff; 01-01-2012 at 05:51 PM.