Think that Verizon worker is who he is???

terraformer

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This case is before us on a somewhat curious and incomplete set of facts. The police, who had several active arrest warrants for the defendant, thought he was likely to be found in a third party's home. The record is silent both as to the identity of that third-party householder and as to how the defendant came to be in the house. [FN1] In any event, in order to ascertain whether the defendant was in fact present in the unknown third party's home before executing the arrest warrants, a police officer disguised as a Verizon worker entered upon the curtilage of the house without a search warrant and, as a result, confirmed the defendant's presence inside the home. Using the information gained from this search, the police obtained a "no-knock" search warrant for the third party's home, which they executed at about 5:30 A.M. the following morning. A number of State and local police officers, including two special tactical operation (STOP) unit entry teams, with the use of battering rams, broke down the front and back doors and entered the third party's home with a show of force. They arrested the defendant and another man, apparently also not the homeowner. Police observed what were thought to be drugs in plain view and returned later with another search warrant to seize the contraband, all of which the defendant seeks to suppress.
From the dissent in COMMONWEALTH vs. Justin TATUM, SJC-11167 (2013)
 

GaryO

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Is this case being tried right now or is it an old case? I'm curious if the court will allow the evidence(sadly i'm pretty sure the courts will side with the cops).
 
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[rofl]

so they think the work around to a search warrant is to pretend you work for someone else?
 

DarrenL

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"A police officer disguised as a Verizon worker entered upon the curtilage of the house without a search warrant and, as a result, confirmed they could get to play warrior with all the cool tactical gear and full auto weapons they bought."

FIFY
 

n1bsbri

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[rofl]

so they think the work around to a search warrant is to pretend you work for someone else?
Are police allowed to lie? - Police Encounters - Know My Rights

Are police allowed to lie?

Yes. Police can, will, and often do lie -- especially if it helps them make arrests. One obvious example of this is when undercover officers claim not to be police. The rules regarding entrapment usually tip in favor of law-enforcement, so police won't hesitate to trick you into incriminating yourself or others. This is particularly common during interrogations in which officers might tell you that "your friend already gave you up, so you might as well come clean."
The best defense against these manipulative tactics is to avoid saying anything to police without first speaking with an attorney.
That only works if you know they are the Po-Po.
 

terraformer

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Is this case being tried right now or is it an old case? I'm curious if the court will allow the evidence(sadly i'm pretty sure the courts will side with the cops).
The opinion was just published this morning.

Searching the names involved (COMMONWEALTH vs. Justin TATUM) leads you to this thread (result number 2). Searching the case number provides the Case Docket: Mass Appellate Courts - Public Case Information

This thread is result number 8 under the case docket number search.
Doesn't surprise me for right now. But this decision is full of fail and I would hope it will eventually get more attention. They basically said that the search was unconstitutional, but only the homeowner (who wasn't charged) can raise a challenge to the search, so therefore the defendant(s as two of three were charged) mentioned in the above case is SOL. This is opening up a huge loophole for unconstitutional searches by letting the cops simply not charge the homeowner when they want someone else inside the house. The homeowner will never challenge these because why the hell would they want to open pandora's box.
 

soloman02

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The opinion was just published this morning.



Doesn't surprise me for right now. But this decision is full of fail and I would hope it will eventually get more attention. They basically said that the search was unconstitutional, but only the homeowner (who wasn't charged) can raise a challenge to the search, so therefore the defendant(s as two of three were charged) mentioned in the above case is SOL. This is opening up a huge loophole for unconstitutional searches by letting the cops simply not charge the homeowner when they want someone else inside the house. The homeowner will never challenge these because why the hell would they want to open pandora's box.
Um, that kind of a loophole would totally **** over anyone who rents if I am thinking about it correctly...
 

terraformer

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Um, that kind of a loophole would totally **** over anyone who rents if I am thinking about it correctly...
This is covered by another plank of 4A law. If you rent, you are the person who has dominion over the property. There are exceptions to this, but generally this is covered. This is more likely to become an issue in the drug war where the cops now wait for the perp to leave his house and instead raid the house of someone he visits. Combine with the militarization of the cops we have in the modern drug war and now swat teams may start raiding homes of people not affiliated with the underlying crimes. I mean, really, what is the likelihood that one knows there is an active warrant against a house guest? Can you say for certain that isn't the case for your last house guests?
 
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terraformer

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Sort of like that girl working the corner is really not a girl working the corner.
Very different problem. Someone working the corner does not have the authority of a multi-national corporation behind them. This is eroding what little trust people have of the world around them. Yeah, you pretty much figure VZ will screw you over in the bill, but you don't expect (at least not until now) that allowing a VZ sales drone onto your property to result in a swat team.
 
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Very different problem. Someone working the corner does not have the authority of a multi-national corporation behind them. This is eroding what little trust people have of the world around them. Yeah, you pretty much figure VZ will screw you over in the bill, but you don't expect (at least not until now) that allowing a VZ sales drone onto your property to result in a swat team.
Yeah, but in the end, it wasn't VZ in the first place; it was an imposter. Funny how they made it illegal to impersonate a cop. Actually, not funny at all. Some pigs are more equal?
 
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There was an incident a while back where the police posed as fire fighters and/or EMTs. I think it was for a surprise--no knock warrant. I forget the details exactly but whomever they posed as were not pleased at all.
 
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When we used to go ATV'ng growing up (in MA, you can guess how legal it may or may not have been) Police used to go undercover as injured dirt bikers on the side of the trail. Pretty sad when you have to go home thinking that guy on the side of the trail may have had a broken ankle and spent the night stranded miles from anywhere because he could've been a cop who would impound your $7,000 ATV on trails that were made by ATV'rs legally and then taken away from them so yuppies could pave them..
 
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Why would you let a random Verizon employee in your home? Especially if you have no problems and didnt call for service. Sounds like a bunch if dumbasses involved.


Todd
 

mikeyp

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I knew a guy that was a cabbie in Fall River. One day I was talking to him and another cab pulled up, said something quick, then drove away really fast. he started laughing and said "that's actually a cop 'undercover' in a 'cab'(it was an FRPD cop car painted to look like a Yellowcab.
 
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[rofl]

so they think the work around to a search warrant is to pretend you work for someone else?
That is pretty ****ed up. A cop is a cop I don't care if they are wearing a clown costume. I can't wait too see what there reasoning is. It will be something alone the lines of, the cop could have come on the property to do a "safety check", or some such bullshit, and the outfit was just so they didn't scare off the bad guy...
 

Knuckle Dragger

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They basically said that the search was unconstitutional, but only the homeowner (who wasn't charged) can raise a challenge to the search, so therefore the defendant(s as two of three were charged) mentioned in the above case is SOL.
Sort of sounds like Humphries who was convicted of illegal possession of a firearm and ammunition despite having neither. Only his untried accomplice could raise the defense of having a license.

Sort of like that girl working the corner is really not a girl working the corner.
The correct term is "common night walker". (don't ask me why I know this). Which raised the question of what is an 'uncommon' night walker?

There was an incident a while back where the police posed as fire fighters and/or EMTs. I think it was for a surprise--no knock warrant. I forget the details exactly but whomever they posed as were not pleased at all.
The OP's case is a little different as the fake Verizon employees was not executing a warrant - they were gather probably cause to get the warrant.

Someone trying to scam the Boston One Fund was taken down by a trooper posing as a FedEx delivery man.

Ever since Florida v. Jardines, curtalige had become one of my favorite words that I never get to use.
 

quincy

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Didn't they do this on the "Soprano's" when they bugged T's house? Must be ok if it's on TV or in NJ.
 
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