AS IF you needed another reason not to have “loud sex”

From Raw Story:  Man and girl friend have “loud sex” in the privacy of his own home. Cops come to investigate the screams. Man and woman tell them what was going on, but they entered his house and searched it anyway without a warrant. The cops find marijuana plants, and charge him. He tries to have the evidence suppressed.  Court rules “screams” from “loud sex” gave cops “probable cause” to search without a warrant.  Man gets ten years. 

This is wrong on so many levels…Pot should not be illegal. Growing it should not be a ten year sentence.  Cops should not have the right to bust in your door because they  hear screams: could be sex, could be childs’ play, could be just having fun. Get a warrant. 

And the Court accepting cops’ argument is just plain dumb.  This makes it almost illegal to scream in  your own house. Sure, if you aren’t doing anything illegal, you won’t be arrested. But who the hell wants cops to have open season to rummage through their house?

2 responses to “AS IF you needed another reason not to have “loud sex”

  1. Just asking, in the spirit of playing “outhouse attorney”…

    With both people in plain site, and no signs of imminent danger to either (or assuredly the cops since both would be in a minimal state of clothing) how can a probable cause argument be made?

    Now granted, they sit the two down in the front room, call for a warrant, get it, perform the search and everything turns out the same. But still….

    OK kids – three lessons….
    1. Don’t do drugs.
    2. If you do, don’t grow it at your house, and
    3. Don’t fuck where you grow….

    I’m just saying…

  2. Best I can say is perhaps the screams were an indication that someone was being tortured or assaulted or killed. But I do not even think that would amount to probable cause. If I were the judge I would say none exists. If the cops were honest, and said somebody heard screams, but the occupants said it was loud sex, and they did not appear to be in any danger, and we heard no loud noises, then I would expect a Magistrate to say no dice to a warrant.

    Unfortunately, many judges look at things backwards: Oh, they found something, then the judges justify the search using rationalizations.

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