Originally posted by piqaboo:
And I'm trying to move away from the specifics of this one case and to a general situation of which would/should prevail: right to grant or right to deny permission.
Cops cant make nobuddy do nuttin. thats why they shot that guy in escondido who was wearing the baby on his chest. he robbed a convenience store. He scared his neighbors. Neither are subject to the death penalty. cops asked him to come out, he refused. Ended up dead. But in a sense, he won. He never surrendered his right to stay in his castle.
But the specifics matter. Isn't the shooting you cited under investigation as to its propriety?
I think I'm not being clear. All else being equal(i.e., all parties are competent, cooperative and safe), the privacy right of the indivdual is paramount, IMO. Once a complicating factor is thrown in(i.e., a party refuses to cooperate, or there is a question of anyone's safety) to me, the rules would change. Then the right to privacy should take a back seat to safety(i.e., making sure no one gets hurt or killed).
In a domestic dispute, lack of complete cooperation with the police can quickly devolve into something far more serious the cops can act forcefully on.
I caught my ex lying about cheating. In the ensuing argument, she called 911 claiming I physically hurt her(it was actually her pounding on me). Three teams showed up in repsonse(considering it was after midnight in a not very large city, it might have been the whole shift). I was calm and cooperative(the cop's assessment, not mine). That, and the fact they saw absolutely no sign of the slightest injury on my ex(they were looking for anything down to a rub mark), convinced them I hadn't done anything.
Despite the fact she was lying to them and behaving erratically(she was pracically yelling at them because they would't arrest me), I
was told to go find somewhere else to spend the night, and if I didn't they'd find someplace for me(jail).
I took it upon myself to learn as much as I could from that, including asking a lot of questions of the police that came to the motorcycle shop. They take domestic dispute calls very seriously, and employ a lot of clever techniques to control the situation. The last thing they want is for a domestic dispute to escalate.
A postscript: Imagine my pride, when one of the responding officers showed upat the motorcyle dealership shopping for a bike and recognized me as the "domestic violence call from the other night"!
<small>[ 03-23-2006, 02:06 PM: Message edited by: OperaTenor ]</small>