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View Diary: NH Republicans Back Pro-Wife Beater Laws. UPDATE: Died in Committee (51 comments)

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  •  Okay (11+ / 0-)

    Not that there's any justification for this:

    Just how the fuck are they trying to justify this?!?

    Anyone have links? Video? Letters to the editor?

    •  They're reinstating the requirement that all (5+ / 0-)

      arrests be pursuant to either (a) a warrant; or (b) probable cause based on commission of a crime that a police officer has witnessed.

      That's for all crimes; a major exception to warrant requirements being domestic abuse, the changes to those rules take up most of the space in the bill.

      •  But on its face HB 1581 (4+ / 0-)
        Recommended by:
        Agent99, Philpm, mookins, Iron Spider

        would have purported to do away with any "exigent circumstances" situations and flat-out prohibited entry into private property without the officer actually witnessing a crime.  See my example below of the cops seeing a dead murder victim's body through the window.

        Can legislation defeat the "exigent circumstances" exception to the warrant requirement?  I have no idea, but it would have been a rather unfair question to dump on the cops.

        I think what the DV laws have done is to codify what has always been an exception to the 4th amendment - that a supposed victim of a continuing violent crime (which a DV incident entails) must be removed from the dangerous circumstances.  That's why, IMO, we allow the "signs of injury" provisions.

        Scisne me e terra ea naso tolere posse?

        by penguins4peace on Fri Jan 27, 2012 at 07:48:12 AM PST

        [ Parent ]

      •  That's absurd on the face of it (1+ / 0-)
        Recommended by:

        So if a business owner is robbed and sees a cop and tells the cop "that person just robbed my store and is fleeing" the cop has to go get a warrant?

        •  or protection racket mobsters... and owner afraid? (0+ / 0-)

          They just beat up the owner and trashed his shop? .. if the cop did not see it  happen and the owner is fearful what then? If the cop has enough probable cause to arrest the assumed perps?...  can they do that?... tricky situation... but in some circumstances with discretion?

          Or just shrug and look the other way... (on the take or would rather avoid the complications... and instead perfer to bust yet another kid with a joint to keep those drug bust stats high...?)

          Pogo & Murphy's Law, every time. Also "Trust but verify" - St. Ronnie (hah...)

          by IreGyre on Fri Jan 27, 2012 at 11:08:10 AM PST

          [ Parent ]

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