Legal question

I dunno, there’s not many terrorists planning to take over America on L&O, I’ll have to write in to ten and complain. People need to know these things! :stuck_out_tongue:

IANAL (I am not a lawyer) but do have a degree in criminal science (police stuff).

Breaking into someones house is illegal. Period. Self defense (including defense of others) only applies if it’s reasonable to beleive that you (or another) are in IMMEDIATE danger. Please note, you’ll still go to jail, the self defense part only comes into play at the trial. You would need to convince th jury that a reasonable person would believe themselves (or another) to be in IMMEDIATE danger, and that breaking and entering was the ONLY way to defend yourself (not likely, you could always just run away) or another (if they were being held hostage and there was reason to believe the danger was so imminent that there wasn’t time to call the police and have them respond)

Foreknowelege of the danger is required. Finding the danger AFTER you break in does not excuse the tresspass.

As far as warrants go, only the police need warrants. Anything you would find as a private citizen (even if the entry was illegal) IS admissable in court. For instance, the Police would need a warrant to open a parcel in shipment, even if drug dogs alerted on it. However, if a postal employee (or fed ex, airborne, etc) opens the package, it’s admissable.

In the US, illegally gained evidence is sometimes allowed, at the discretion of the Judge, if there is other evidence to back it up. If the police beat a confession from someone it CAN be used in court, as long as there is other, legally gained, collaborating evidence. And we claim to be the leaders of the world for human rights!

FYI, the police do NOT have to “read you your rights” The Miranda vs State of Arizona ruling has been overturned on the grounds that everyone knows their rights from having seen it on a cop show on TV.

Tommy