On 20/04/2013 9:04 AM, Mossingen wrote:
> I'm betting "grid searches" would be found to be unconstitutional. Yes,
> the bomber was dangerous, but that doesn't make it an exigent
> circumstances...
No, it doesn't, but exigent circumstances are based on the totality of
the circumstances, which are of course unique to each case. It's hard to
get more unusual, or critical, than the circumstances here. In this case
you have an at least arguable ongoing hot pursuit (which is one of the
recognized examples of an exigent circumstance), you have the suspect
contained in a relatively tiny geographical area -- a neighborhood (or
so they believed), he is a bona fide terrorist, there is an honest and
reasonable belief that he could be wearing a so-called "suicide vest",
he has exploded bombs in public already, killing several and seriously
wounding scores more, he has killed a policeman and shot another in
separate incidents, he has shown a willingness to carjack and kidnap
civilian hostages as a means to escape, he has engaged in a high-speed
vehicle chase during which he indiscriminately fired weapons and threw
bombs out the window, he has shut down an entire city (one economist
citing a cost of $350 million/day), and he is one of the most wanted
suspects and the subject of one of the biggest manhunts in recent decades.
Bottom line, this suspect poses an EXTREME risk to PUBLIC safety, one
rarely, if ever, seen in that jurisdiction before.
I think as the "grid" becomes bigger, a judge is going to have more and
more problem with it, but a particular street or a few blocks...?? I say
the court okays it.
Hearing an interview on CNN with some neighborhood residents, I was
surprised to learn that it sounded like they did actually do
room-to-room searches in each house on one street, but I imagine they
had permission for most or all of those searches, making the issue moot.