Aurora theater shooting suspect James Holmes' lawyers: Apartment search was illegal

[Teh One Who Knocks]

The Associated Press


http://i.imgur.com/i3O3wWH.jpg

CENTENNIAL, Colo. (AP) - Lawyers for Colorado theater shooting defendant James Holmes say evidence seized from his booby-trapped apartment shouldn't be used against him because police didn't get a search warrant before sending in a bomb squad robot.

Defense attorneys and prosecutors return to court Wednesday for more arguments over what evidence can be used at Holmes' trial.

He has pleaded not guilty to charges of killing 12 people and injuring 70 in the 2012 attack.

Most of the evidence in dispute could potentially be used to undermine Holmes' insanity claim.

That includes explosives found in Holmes' apartment. Police say they were intricately planned and designed to divert first responders from the shootings.

Prosecutors say police couldn't wait for a warrant to enter the apartment because the bombs were a threat to human life.

[FBD]

wait a minute...the bombs that the police found inside the apartment were a threat to human life....bombs which they would not have found had they not gone in there...that would not have gone off had they waited for a warrant...

the 4th amendment is discarded by the government whenever and wherever convenient.

[deebakes]

shit, you might be right :|

[redred]

some of your laws like us over here are very funny ,so it's ok to hide bombs in your house then go off and shoot a load of people but it's not ok for the police to raid the house without a bit of paper :lol:

[FBD]

its called due process, brother. when the government ignores that, it breaks its contract with the people.

[Hal-9000]

there's a caveat...reasonable suspicion...they smell weed, hear something through the door, suspect someone is in danger....and they can go in without the paperwork

[redred]

its called due process, brother. when the government ignores that, it breaks its contract with the people.

filling your house up with booby trap that could kill kind of breaks contracts with the people that live near or next to you in my books :shrug:

[Teh One Who Knocks]

wait a minute...the bombs that the police found inside the apartment were a threat to human life....bombs which they would not have found had they not gone in there...that would not have gone off had they waited for a warrant...

the 4th amendment is discarded by the government whenever and wherever convenient.

They didn't enter the apartment and discover the bombs, they were discovered when the police looked in thru the window(s) of the apartment. At that point, especially since it's an apartment building filled with innocent people, yes, the police can say the devices were a threat to public safety and enter without a warrant.

[redred]

common sense

[FBD]

They didn't enter the apartment and discover the bombs, they were discovered when the police looked in thru the window(s) of the apartment. At that point, especially since it's an apartment building filled with innocent people, yes, the police can say the devices were a threat to public safety and enter without a warrant.

that's right, I forget how the story "evolves"

[Hal-9000]

I personally don't care how the cops got into that apartment...if there were bombs/weapons it's a win

[Teh One Who Knocks]

that's right, I forget how the story "evolves"

It didn't 'evolve' that way, that's how it happened. But that's right, you know more about it even though I live here and you don't. No doubt it was someone from the super secret shadow world government that did it to advance some evil plot unbeknownst to us except a few privileged.

[FBD]

sorry man, the authorities have squandered their credibility and violate the 4th amendment regularly, and there's plenty of evidence for stories getting changed after the fact.

but its ok, believe whatever gets printed, its the truth, honest.

[Hal-9000]

yeah but if cops look through a window and see the makings for anthrax on a table, wouldn't you want them to go in based on reasonable suspicion?

I mentioned this before...sometimes you guys complain loudly about your rights being violated and in my mind, the situation demands it for the greater good

[DemonGeminiX]

Based on what Lance has stated, plain view probable cause. Wasn't there an evidentiary hearing prior to the criminal trial being started? The whole "illegal search" thing should have been brought up and dealt with then.


Once apprehended, Holmes told the police that he had booby-trapped his apartment with explosive devices before heading to the theater. Police later confirmed the presence of explosives in the apartment.

http://en.wikipedia.org/wiki/James_Holmes_(suspect)#Shooting_and_arrest

They didn't need a warrant to search his home. He admitted to booby trapping his apartment before they had a reason to suspect that there were dangerous devices in his apartment. Given his actions, they had reason to believe that such devices posed a reasonable threat to public safety and security. That's called probable cause. They could see the devices through the window when they went to go check. Probable cause x2.

[DemonGeminiX]

Wasn't there an evidentiary hearing prior to the criminal trial being started? The whole "illegal search" thing should have been brought up and dealt with then.

Nope. He waived his right to it.


Holmes agreed in court to waive his right to a preliminary hearing within 35 days.

http://en.wikipedia.org/wiki/James_Holmes_(suspect)#Detention_and_court_appeara nces

[Hal-9000]

Based on what Lance has stated, plain view probable cause. Wasn't there an evidentiary hearing prior to the criminal trial being started? The whole "illegal search" thing should have been brought up and dealt with then.



http://en.wikipedia.org/wiki/James_Holmes_(suspect)#Shooting_and_arrest

They didn't need a warrant to search his home. He admitted to booby trapping his apartment before they had a reason to suspect that there were dangerous devices in his apartment. Given his actions, they had reason to believe that such devices posed a reasonable threat to public safety and security. That's called probable cause. They could see the devices through the window when they went to go check. Probable cause x2.


:thumbsup:

well then there it is...he admitted devices were there and waived his right...and the cops saw the stuff through the window...time to go in and make the world a safer place


good work Mr Holmes :thumbsup:

[Hal-9000]

Nope. He waived his right to it.



http://en.wikipedia.org/wiki/James_Holmes_(suspect)#Detention_and_court_appeara nces

and you responded/clarified/answered your own post :lol:

[DemonGeminiX]

and you responded/clarified/answered your own post :lol:

I have such wonderfully educational conversations with myself.

:d

[Hal-9000]

I had to read it twice :lol:

[FBD]

He admitted to booby trapping his apartment before they had a reason to suspect that there were dangerous devices in his apartment.

if the moron waived his 4th amendment rights, case closed right there.