https://www.schneier.com/blog/archiv...ents_pose.html
The FBI wanted access to a hotel guest's room without a warrant. So agents broke his Internet connection, and then posed as Internet technicians to gain access to his hotel room without a warrant.
Yikes. Would having the service person sign a document swearing they are not an undercover agent and notifying them that you do not consent to any searches stop them?
Cody
That a well-regulated militia, composed of the body of the people, trained to arms, is the proper, natural, and safe defense of a free state;
No. Police are under no obligation to tell you the truth.
-C
My blog: The Way of the Multigun
My hunch is that if you asked them to sign something, most would just leave and punt it back to customer service to deal with your abnormal requirements.Originally Posted by cclaxton
At my work, practically every document that I have to sign gets run by legal and/or management first.
Let us begin with this-if the FBI is at your doorstep, its unlikely to be a surprise to anyone involved.
This is not an excuse to trample civil liberties, but law enforcement must still do their jobs -and many intelligent criminals know the law well enough to avoid justice unless LE gets creative in apprehending them. Legal textbooks can be studied by criminals as well as the law abiding .
For what it is worth, many burglars/home invaders use the same tactics to scope out their next score-yet there's no public outcry against that.
The Minority Marksman.
"When you meet a swordsman, draw your sword: Do not recite poetry to one who is not a poet."
-a Ch'an Buddhist axiom.
To conduct a search in a place where you have an expectation of privacy, the police do have to tell you the truth. To perform a search they need a warrant, PC, or consent. Consent is impossible if they don't identify themselves as law enforcement and ask for permission to search. If they have a warrant they can use subterfuge to search. (Pretending to be a repair guy to plant a bug, etc)
The sparse facts presented in that link would, on the face of it, seem to indicate an illegal search.
3/15/2016
A great point.
Not to be smart, but I ask-what is your proposed solution to situations where scumbags know the law well enough to avoid offering PC for a warrant? I'm no criminal mastermind, but I knew people in the Chicago "Narcotics Exchange" back in the day who had almost collegiate-level knowledge of the Constitution and the general threashold for PC.
They'd keep stashes with the baby momma ,because her house would be a separate building not on the warrant for his residence, buy cars using family members' names to avoid leaving a paper trail,(Judge, that 2014 Range Rover's is my mommas truck....) , and so forth. I can see how a LEO would need to get creative to acqure evidence to nail a jerk like that .
The Minority Marksman.
"When you meet a swordsman, draw your sword: Do not recite poetry to one who is not a poet."
-a Ch'an Buddhist axiom.
If the person is not an undercover agent, then, yeah, they might kick it back. I would just deal with the management or get my attorney on the phone with them.
But would an undercover agent sign it?....My guess is they would probably not sign it since they are not lawyers and don't usually know the legality of such an action. Lying about their identity is one thing, but signing a document certifying they are not there to conduct a search for law enforcement is quite another. I could also get that on camera recording.
And, LEO's show up at people's doors all the time by mistake or on a hunch and thus, a surprise.
I would think that having a 4th Amendment statement ready at the front door would be a good idea.
My neighbors see me taking gun cases in and out of my house to my vehicle. It wouldn't take much for a neighbor who doesn't know me to be alarmed and call the cops. And with the Civil Forfeiture laws in place, it wouldn't take much for LEO's to see my gun collection and decide they want to take them and force me to prove they were not used in a crime in order to get them back.
This ruse to get inside people's homes is very alarming when you consider Civil Forfeiture seizures.
Cody
That a well-regulated militia, composed of the body of the people, trained to arms, is the proper, natural, and safe defense of a free state;
I signed a sworn statement written on a paper towel that I was not "to-wit, here-two-fore" an agent of law enforcement under penalty of "habeus corpses". This was a condition of the tweaker allowing me into his home to buy dope.
I signed, he sold.
That answers that question.
Thanks,
Cody
That a well-regulated militia, composed of the body of the people, trained to arms, is the proper, natural, and safe defense of a free state;
