Oakland Police Search Without Warrants

[Silver Rocket Bitches!]

In a little-known city program that critics say may be unconstitutional, cops join fire and building inspectors as they enter homes without a warrant and then arrest residents if they find anything illegal.

On a gloomy recent morning in West Oakland, tenants at the David Gray Building — or, Off-Ramp Studios, as everyone who lives there calls it — stood in the hallways outside their lofts. They gathered around their doors in nervous clusters and spoke in hushed tones, wondering aloud whether they should head to work or stay and observe while two Oakland police officers, two building services code enforcers, a fire inspector, and three property management representatives entered all of their units one by one.

Traditionally the entire procedure would have required a search warrant. But on this day, the group of cops and city officials were operating under a little-known Oakland city program, called "SMART" — Specialized Multi-Agency Response Team — that some legal experts say may be unconstitutional. That's because they enter people's homes without consent or a warrant.

http://www.eastbayexpress.com/ebx/oakland-police-search-without-warrants/Content?oid=1878972

[I am me, I am free]

Worse than the Soviet Union.

"They hate us because of our freedoms." lol

[Glass]

not MAY be - it IS.

[Phoenix]

And no one resists?

[Twisted Titan]

Property Manager has the right to inspect during reasonable hours and advance notice

Fire Marshall can inspect for safety violations

Police has no right whatsoever to be there..... it is nothing less than a fishing expedition.....let a cop lose in anybody house ( even the chief of police and they'll find something "illegal" in less than 10 minutes.)

This is bullshit and yet another jackboot square in the face.


T

[Phoenix]

Property Manager has the right to inspect during reasonable hours and advance notice


Under California law, with 24 hours advance notice, and a search of personal possessions is not included. Only for "reasonable maintenance and repairs."

[BrewTech]

And no one resists?


Of course not. As I have said before - if the sheep were going to resist, they would have done it already. Stories like this just reinforce the fact that the sheep will NEVER resist.

Most people are too fuking dumb to realize that actions like these are against "the law"... they are scared to death (or totally worshipful) of people in uniform, especially the ones with guns.

There will be no resistance. TPTB will have their way for decades to come, and there won't be more than a barely audible peep of protest from regular folks.

[EE_]

http://www.youtube.com/watch?v=dHUvhJufYwA

[Publico Pro Se]

Under the US Supreme Court holding of Camara v Municipal Court (1967) a warrant is required for the administrative searches as the case is here. The government can have a building inspection program if it's determined blah, blah, blah, but if demanded a warrant is still required. The Probable Cause standard is different then that of a warrant in a criminal case. Also see See v Seattle (1967) companion case to the Camara Case.

And I'm not even going to talk about the cops being with them.

[Liquid]

Not sure if anyone read the comments on this articles, but here's a good one..

"I was a building inspector supervisor for Sacramento County Ca. We routinely worked with the sheriff to enter a property without a search warrant. This is how it worked. The sheriff would target a house that they suspected of criminal activity but had no evidence to get a search warrant. I would go with them to the property and find something that could be construed as eminent danger. according to the building code using a extension cord for permanent wiring is eminently dangerous. as a building inspector i had a right of entry. I would knock then kick down the door and the deputies would rush in to protect me wink-wink, and of course anything they saw illegal the occupants were arrested. I reported this travesty to the Grand Jury and was fired, the complaint was covered up, and I was replaced. This activity continues to this day. So much for for illegal search and seizure rights here in Sacramento"

[The Great Ag]

Police can do a "WARRANTLESS" search, BUT they need to be able to prove, beyond reasonable doubt, that necessity required an immediate search. In other words, if the Police did NOt do the search, the suspect would have moved, destroyed or hidden the item.

The courts have upheld the warrantless search IF it meets the requirement of necessity.

THe Great Ag

[kregener]

I call for the state of Arizona to boycott Oakland....