To: GrandEagle
i think the scenario being envisioned is more a domestic violence situation where the "beator" says no and the "beatee" says yes.
HOWEVER, I think this smacks of occupant shopping in much the same way as the courts see forum shopping as a no no.
The police mearly wait for the 16 year old (which is all that is required in age for most states for service of process btw) and ask the child if it is ok to go in.
I think it really matters what the facts are in this case and the court have better CHAIN their ruling to those SPECIFIC facts.
To: longtermmemmory
i think the scenario being envisioned is more a domestic violence situation where the "beator" says no and the "beatee" says yes.
I did understand this. There is not now, nor has there ever been, any prohibition where the police could not enter to relieve a domestic violence situation. There is a big difference between arresting a person who is committing, or had just committed a crime, and snooping around to see what else you can find while you are there. I believe the domestic violence issue is a straw man of a sort, not related to the issue at hand. I agree that the matter may be a good one for the courts.
Cordially,
GE
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