By that reasoning, what would stop them from breaking into homes to search for the child?

 

While I think someone's fenced in back yard shares the same protections as their home, I don't think there would have been any kind of issue with the officer simply looking over the fence. So to answer your question, I would say they could have looked for the child and knocked on doors and such, but should still need a warrant to search a more specific location.

 

So lets say child is missing and its the middle of the day, police are knocking on doors and all houses are locked because home owners are at work. So odds are that child is not indoors... the reasonable place to check would be in yards. So in your world you want them to get 50 maybe 100 warrants (which would take hours) to be able walk through those yards looking for the child.

 

Guessing you don't have any kids if that's what you think should be done.

So lets say child is missing and its the middle of the day, police are knocking on doors and all houses are locked because home owners are at work. So odds are that child is not indoors... the reasonable place to check would be in yards. So in your world you want them to get 50 maybe 100 warrants (which would take hours) to be able walk through those yards looking for the child.

 

Guessing you don't have any kids if that's what you think should be done.

 

No, they are fairly capable of looking. There's no reasonable expectation of privacy for things that can be freely seen. This person's yard was gated with a six-foot tall fence. I think it should have been treated similarly to his house.

So if a deaf/autistic/ young child is missing you think only public areas such as parks and sidewalks should be checked?

 

How would you suggest such a child be found?

 

 

In this case the child was 3 and I don't think any intelligent person would think that he was capable of scaling a 4-6 foot high wooden privacy fence with a locked gate.

 

In this case the child was 3 and I don't think any intelligent person would think that he was capable of scaling a 4-6 foot high wooden privacy fence with a locked gate.

 

I agree with what your saying but children can also fit under and between areas that adults can't, and children are often found in areas that people can't figure out how they got there.

 

I'm pretty sure if it was your child you'd be going through fences looking for her, I know I would if I was helping look for her.

 

I'm not for taking rights from anyone but I think in a case like this a yard to yard search is not only warranted but expected

I agree with what your saying but children can also fit under and between areas that adults can't, and children are often found in areas that people can't figure out how they got there.

 

I'm pretty sure if it was your child you'd be going through fences looking for her, I know I would if I was helping look for her.

 

I'm not for taking rights from anyone but I think in a case like this a yard to yard search is not only warranted but expected

If children can fit under and in between things adults can't, how are houses off limits then? Many people leave windows, such a basement windows, open or unlocked.

If was at home and saw an intruder shooting my dog, I might well have shot the intruder. A police officer who does not identify himself as such is NO different from any other person and has NO RIGHT to intrude on private property unless the is evidence of imminent threat to life.

Just an unfortunate situation.

I have "lost" my kid twice in my own house/yard. The kind of "lost" where all out panic ensues.

 

On both occasions, we were fortunate to find him in less than 10 minutes, and did not have to call the police. But that 10 minutes felt like an eternity.

If was at home and saw an intruder shooting my dog' date=' I might well have shot the intruder. A police officer who does not identify himself as such is NO different from any other person and has NO RIGHT to intrude on private property unless the is evidence of imminent threat to life.[/quote']

 

He went to the door and knocked to get access to the yard...no one was home. He was trying to I'd himself but there was no one to I'd his self to.

 

As far as NO RIGHT the law is clear in a case like this, he did have the Right to enter the yard to search for someone that could be in some kind of danger... such as a missing child.

If children can fit under and in between things adults can't, how are houses off limits then? Many people leave windows, such a basement windows, open or unlocked.

 

I think we both know that a yard to yard search is much different from going house to house kicking in doors. When looking for a 3 year old that has roamed off.

I think we both know that a yard to yard search is much different from going house to house kicking in doors. When looking for a 3 year old that has roamed off.

How? Remember, we are talking about an enclosed, locked yard. If there is reason to enter the yard without a warrant, why not the house?

 

You didn't address my actual question.

If was at home and saw an intruder shooting my dog, I might well have shot the intruder. A police officer who does not identify himself as such is NO different from any other person and has NO RIGHT to intrude on private property unless the is evidence of imminent threat to life.

 

A police officer is identified pretty clearly by his uniform.

How? Remember, we are talking about an enclosed, locked yard. If there is reason to enter the yard without a warrant, why not the house?

 

You didn't address my actual question.

Well your right, IF the officer had reason to believe the child or anyone was in a building and was in danger the law says they may enter without a warrant if someone was in grave danger.

 

But a fenced yard which can be seen via a ladder, helicopter or by a very tall person is quite a bit different from a closed and locked building as far as privacy goes.

 

I get the point your trying to make but what would you have them do if you child was missing in a similar situation. Spend 6-10-15 hours writing hundreds and hundreds of warrants and then getting them read and approved by a judge BEFORE they start searching for you child?

I agree with what your saying but children can also fit under and between areas that adults can't, and children are often found in areas that people can't figure out how they got there.

 

I'm pretty sure if it was your child you'd be going through fences looking for her, I know I would if I was helping look for her.

 

I'm not for taking rights from anyone but I think in a case like this a yard to yard search is not only warranted but expected

 

 

I'd be looking through fences but I'm not scaling a house with a privacy fence or going in their backyard without their permission. I don't want to get shot or bit by a dog.

Well your right, IF the officer had reason to believe the child or anyone was in a building and was in danger the law says they may enter without a warrant if someone was in grave danger.

 

But a fenced yard which can be seen via a ladder, helicopter or by a very tall person is quite a bit different from a closed and locked building as far as privacy goes.

 

I get the point your trying to make but what would you have them do if you child was missing in a similar situation. Spend 6-10-15 hours writing hundreds and hundreds of warrants and then getting them read and approved by a judge BEFORE they start searching for you child?

 

 

If they search the house without cause/permission and without a warrant and my kid is found there would the criminals be able to get off on a technicality?

Well your right, IF the officer had reason to believe the child or anyone was in a building and was in danger the law says they may enter without a warrant if someone was in grave danger.

 

But a fenced yard which can be seen via a ladder, helicopter or by a very tall person is quite a bit different from a closed and locked building as far as privacy goes.

 

I get the point your trying to make but what would you have them do if you child was missing in a similar situation. Spend 6-10-15 hours writing hundreds and hundreds of warrants and then getting them read and approved by a judge BEFORE they start searching for you child?

 

They are perfectly capable of searching, but to gain access to a home or curtilage, which includes this guy's fenced in space, they would need a warrant or exigent circumstance. To get a warrant you need probable cause and by almost any definition it's not "probable" if you have to issue warrants to hundreds of locations. You're basically saying officers have or should have carte blanche to ignore the Fourth Amendment.