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  • Trevor Bothwell is a freelance writer living in Maryland and editor of WYN. He is accompanied by co-blogger 'Brutus,' who resides in Washington, DC.

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June 23, 2008

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Those police officers are lucky they weren't shot in the confusion I'm sure that man experienced at 3am as strangers were waking him. And if they had been, I'm sure it would have been the homeowner's fault.

I can imagine a family dog trying to protect the family…. Then, the cops justifying the shooting of the family dog, because they felt threatened when the dog barked at them

Its only a matter of time.

They always shoot the dog. Put that sentence in a google search followed by the words 'Radley Balko' and see what pops up.

You know... to take this a step further, can the police now assume that an unlocked door implies approval for a search by the homeowner? What if they had found the homeowner involved in "illegal" activity, say, a high stakes poker game in his basement. Is just walking into someone's house uninvited and "stumbling into" something like that now legal? Are we no longer required to have a warrant or probable cause? Or is an unlocked door now in-and-of-itself probable cause?

Too many liberties are being taken, and people are just standing by and allowing it.

There is already established precedent allowing the seizure of property deemed 'illegal' (burned dvd copies of movies come to mind) and subsequent arrest if the police happen to spot something even if they're in someone's home executing a warrant for something else entirely.

It wasn't the door that was unlocked. The person's garage door was open. The door into the house from the garage was unlocked. There's nothing wrong with them checking to see that it isn't a case of a burglary in progress. It's not normal to have the garage door wide open at early in the morning. Furthermore, the man who is complaining about the incident has some personal reasons to raise a stink with the city.

We should be concerned about what the police do when they enter a premise. For example, the buffoonery all to often displayed when carrying out search warrants for so-called drug dealers. But this isn't one of those cases.

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