May 29th, 2013

Woman Records Police Barging into her Home in Case of Mistaken Identity (Updated) 100

By Carlos Miller

 

A disturbing video of police barging into a woman’s home without a search warrant, demanding her identification – only to learn she was not the person they were looking for – has emerged on Youtube, demonstrating just how unprofessional police can act when they don’t realize they are being recorded.

The video stops at 2:31 when one of the cops spots it and turns it off.

At this point, it is not clear where the incident took place, but I’ve sent the woman, who goes by the username, Robynstorm2, a message, requesting an interview.

The video begins with police banging on her door, demanding her identification. They tell her they have an arrest warrant for a woman named Robin Edwards.

The woman tells them her name, which sounds like it is Robyn Rockman.

They then insist she is Robin Edwards but changed it after getting married.

She corrects them by saying her maiden name was not Edwards, but something that sounds like Waterman (hopefully I will eventually confirm the names).

Either way, they barge into her house as she is looking for her identification.

According to comments she posted on Youtube, the cops busted down her bedroom door, handcuffed her and rummaged through her prescription bottles before releasing her and going on their way.

She also insinuated that Robin Edwards was possibly her landlady, which might explain why police showed up to her door.

they said if i did not open my door in 30 seconds they were gona kick it in! my name is not Roben Edwards. she does not live here. i told them she was land lady and lives 2 blocks away. they shut my cam off! he breathed on my freakin neck! i think i need two showers now. and one got mad cause i didn’t know where i put my shoes! he said what if i was gona get a gun. omg. i guess i woulda took it to the fukn door the fist time if that was my intent. or shoot from the window. i mean… WTF?

CopsBargeintoHome
UPDATE: The police officers in the video are from the Turtle Creek Police Department, which is just outside Pittsburgh, according to Robyn2Storm’s comments on Youtube.

I called the police department moments ago to get some kind of comment but the woman who answered says she can’t comment on anything on Youtube.

I asked her who could comment and she said the police chief but he’s on vacation.

I asked her who else can comment and she the council members and the mayor.

I asked her who is in charge of the police department while the chief is on vacation and she hung up on me.

She also said she hadn’t seen the video, which is doubtful because she came across very defensive.

The number to the Turtle Creek Police Department is (412) 824-2500.

Meanwhile, commenters on Youtube are claiming this of being a fake video, but I don’t believe that to be the case.

Robyn has not responded to my requests for an interview.

I also just called Mayor Adam Forgie for comment but ended up with a voicemail where I left a message. His number is (412) 823-0154.

UPDATE II: The interview with Robyn Ruckman.


Send stories, tips and videos to Carlos Miller.
  • rick

    At 1:27 they say they are trying to serve an arrest warrant. Isn’t that one of the valid reasons for entering a person’s home? If the property owner IS Robin Edwards wouldn’t that be probable cause to suspect the resident (with coincidental same first name) is the correct person?
    Then again, does she fit the description of the person on the warrant?

    • http://www.facebook.com/profile.php?id=100002329011677 Jaysin R Clifton

      aren’t they supposed to show her the warrant?. cops are, after all, allowed to lie.

      • rick

        The first officer had papers in his hands…
        Showing them to the person might be optional, just as long as they have the warrant to justify their actions.

        • Modres

          And he was so polite about it too. “I don’t give a sh*t…”

          I also noticed how MANY cops were there for to arrest ONE woman. Oh, the humanity…

        • steveo

          Sometimes one of the big problems with arrest warrants, is they come by the address and find out that someone else is living there, but they never let anyone else know, then the leos are constantly coming to the house to look for the person and it gets pretty old, dealing with this over and over.

          • rick

            By law are they required to show the arrest warrant to the person in front of them? I’m guessing that it is up to their discretion.

          • steveo

            No, usually they don’t have any paperwork with them at all or they leave it in the cruiser. And, I’m not really sure why they don’t have photographs of the person to be arrested. I’m sure the good ones do.
            People they are looking for do hide in the house somewhere, so they usually try to get consent to look through the home. But normally not on a misdemeanor warrant, contempt charge or VOP. Usually this has to be a fairly serious charge.

          • Difdi

            The law says that someone needs to have a warrant to compel me to let them in to search my home.

            If some guy I don’t know comes to my front door, says he has a warrant and I have to let him in, but he refuses to show me the warrant, then he has no proven to me that I am obligated to let him in and he won’t be coming in.

            Anyone who kicks in my front door unlawfully will discover that I own a battle-sharp Tai Chi sword for home defense. Ballistic body armor stops swords about as well as a sheet of paper stops bullets.

          • Proud GrandPa

            More reason not to open the door for police and to keep the door locked. I strongly support good police officers who are just doing their work. I equally support the fourth amendment. Keep the door shut and demand to see a search warrant.

            .

            IF THEY REALLY HAD A SEARCH WARRANT– NOT JUST AN ARREST WARRANT– THEN THEY WOULD ALREADY BE INSIDE THE HOME. ASK TO SEE THE WARRANT BY HOLDING IT UP TO A WINDOW. KEEP THE DOOR CLOSED.

    • Name

      An arrest warrant is not a search warrant. Just because you have an arrest warrant for person X does not mean you can search every home in town until you find them.

      • rick

        Copied from above:
        If the property owner IS Robin Edwards wouldn’t that be probable cause to suspect the resident (with coincidental same first name) is the correct person?

        Meaning they haven’t searched every house in town but were at a reasonable location for finding Ms. Edwards.

        • steveo

          that’s why you want to tell them to wait for your attorney or to call your attorney, because she’ll find out real fast if this is a valid warrant or they are just fishing the neighborhood. Of course, later on, like this woman, she would want to do public records requests for the probable cause or capias warrant or the application for the warrant. In FL, you can go to the FDLE website, to search for arrest warrants. You don’t need a public records search.

          These leos might need some computer training. usually they can plug in the name, DOB and get every picture the DMV has taken of the suspect in about 30 seconds, also all the mug shots, if there are any. They shouldn’t have to ask this woman for her ID.

          • Rufus McGufus

            WELL don’t they have “probable cause” to arrest Milner? After all some men are cross dressers and look really feminine!! This is the kind of horse shit reasoning cops will rely to justify their amaturish police skills.

          • Difdi

            A highly trained professional uses dubious reasoning, draws the wrong conclusion, acts on it unlawfully…and it’s just a mistake not a crime.

            A completely untrained private citizen uses dubious reasoning, draws the wrong conclusion, acts on it unlawfully…and the mistake is irrelevant to the fact that the citizen broke the law.

        • Name

          They cannot enter that property without a search warrant or being invited in. It doesn’t matter who owns it.

          • rick

            I believe that to be false. With an arrest warrant they may enter the premises to make the arrest if they know the person is there.

          • Name

            They did not know if the person was in there.

          • rick

            They had an arrest warrant for a person named Robin Edwards. A woman named Robin answered the door at a property owned by Robin Edwards. She might be lying about her last name to avoid arrest. This gives them probable cause to believe the person in front of them is the woman they are looking for.

            From ACLU:
            http://www.aclu.org/files/kyr/kyr_english.pdf
            “An arrest warrant allows law enforcement officers to take you into custody. An arrest warrant alone does not give law enforcement officers the right to search your home (but they can look in places where you might be hiding and they can take evidence that is in plain sight.”

          • Fotaugrafee

            If they KNOW the person is there, not if they “believe” or “assume” the person is there. KNOWING is definite, there is no alternative.

          • rick

            The wording in Payton v New York is “believe.” This probably falls under reasonable suspicion. In this case the name Robin pops up a lot.

          • http://excoplawstudent.wordpress.com/ ExCop-LawStudent

            Incorrect. All the officers need is a reasonable belief under Payton.

        • http://www.facebook.com/elliott.whitlow Elliott Whitlow

          Every town I have ever lived in knows which properties are rental properties, I find it absurd that they wouldn’t have known that this was a rental property. As soon as they knew that they should have gone looking for a better address. This radically damages any objective rationale for coming to this address.

  • http://www.facebook.com/profile.php?id=100002329011677 Jaysin R Clifton

    pigdogs had no right to touch her camera and turn it off for an arrest warrant. they must be doing something they don’t want proof of

    • rick

      Body worn camera should be mandatory whenever a warrant is served.

      • Ronald Lee Irwin Junior

        I saw these devices in use by London police officers when they arrested Charlie Veitch’ in his flat. and I agree, yes. Yes LEO’s should have to wear these devices when serving any warrant and even the rest of the time as well.

        • rick

          +1
          In patrol cars and body worn. In addition (being tax payer funded items) ALL video recorded should be publicly available online within a reasonable time frame.

          • Farid Rushdi

            If I had my way, all body and dash cameras would be required to stream live on the internet and we as dutiful citizens could log in and watch every step these folks make. It would stop 90-percent of the shenanigans and the really bad apples could be weeded out pretty quickly.

      • n4zhg

        They should be surgically grafted onto cops and recording to the network 24/7. That way we can arrest them on morals charges when they’re recorded having sex with their spouse in a way not approved by law.

      • Difdi

        Which wouldn’t necessarily help, since they didn’t have a warrant. A warrant must be specific to be valid, and if they are at the wrong house with the wrong person, it’s not specific to that house or person.

    • Ian Battles

      “If you’re not doing anything wrong, you should have nothing to hide”

      -said every cop ever

      Funny how that goes out the window when the COP is the one being watched.

  • Modres

    You know, it is amazing how too many cops will act when they don’t think they’re being recorded.

  • Name

    Don’t open the door for police. Why are you making their job’s easier? When police are at your door. Do not answer. If they have a legal right to come into your home, let them break down the door. If they don’t have a search warrant, that will be the physical evidence that they were not invited in.

    • Rusty Gunn

      If they don’t have a search warrant and they break down the door that’s when my Rem. 870 shotgun goes into action. If they kill me at least one of them is going down too and possibly two or three.

  • steveo

    It depends if it’s a misdemeanor warrant or a felony warrant. Why would you have 7 or 8 cops to serve a misdemeanor warrant and usually with felony warrants, they don’t knock.
    1) don’t open your door to cops, tell them to meet you at your lawyer’s office. If you don’t have one call a lawyer out of the phone book and any defense lawyer’s secretary is going to tell you to tell the detective to call them. If they have a valid warrant, the lawyer’s office will find that out. If they bust down the door, lay on the floor, keep the camera going for sure and say absolutely nothing until you get to speak to an attorney.

    I have an inexpensive 180 degree motion detection camera in my living room, just in case something like this happens. I also have my handhelds. And I’ve had leos come up to my door before for some unknown reasons and I talk to them by opening the window next to the door and say “What?” That’s it, just what. Usually they are asking about neighbors, like I’m going to believe them.

    • Ron Grounds

      Make sure the camera is running to a outside cloud so that they can not erase the video,qik has this app for purchase.

      • Stanley B. Manley

        I think that’s the key here. Take it out of the cops control.

  • http://www.facebook.com/nathan.bolden.98 Nathan Bolden

    Wow just wow. Some pretty scary stuff right here.

    They just entered her home without her consent, basically told her tough shit when saying hey, don’t come in my house, why are you following me.

    What a fucked up situation to be in, and it’s only going to get worse.

    • Farid Rushdi

      One day a cop not in uniform–or wearing a nondescript uniform–is going to barge into a lawful citizen’s home and the citizen is going to pull his legal weapon and put a bullet into the officer thinking he was defending himself.

      The citizen will say “He didn’t say he was police” and “he didn’t knock” and “I thought I was being attacked” and he will–assuming the other police didn’t blow him away–spend the rest of his life in jail.

      Something needs to change, and soon.

      • Difdi

        What makes you think it hasn’t already happened? All it would take is for police to lie about announcing themselves.

        • Rail Car

          As if the cops don’t lie already and get away with it!

          Rail Car Fan

      • Wandering_Bard

        Something like this has already happened – and the man was gunned down in his own home.

        http://abcnews.go.com/US/story?id=95475&page=1#.Uadt9cq8F8E

        • http://www.facebook.com/nathan.bolden.98 Nathan Bolden

          @Wandering_Bard:disqus

          Sick stuff man. The two punk ass cops get a paid vacation for committing murder on a law abiding citizen after breaking into his home and terrorizing the shit out of him and his wife.

          They come out and say ultimately it wasn’t their fault and displace blame onto an informant. (Wonder what happened to him over his “misinformation” ?

          Best they say is that they’ll have to go over their policies and procedures.

          In what other “profession” can you legally be a gun toting murdering psycho and get paid by the same people you’re supposed to be serving?

          Other people get locked up for years over shit that shouldn’t even be a crime yet these guys get free vacation when they fuck up.

        • Photog at Large

          Not exactly PINAC related, but the above post made me think of this ex-marine killed in his own home :

          http://abcnews.go.com/US/tucson-swat-team-defends-shooting-iraq-marine-veteran/story?id=13640112#.Ucr_zMpbPWM

  • steveo

    I read so many of these confrontations on Radley Balko’s blog, to just think that leos are just pretty stupid. First, does she look like the woman you are looking for? (Hey, sarge, I think our suspect is black and 200 lbs) Second, if she resembles the suspect, how about checking the photographs before asking her for her ID? Black people have been arrested on warrants where the suspect is white and vice versa. I don’t get it.

  • John Drabble

    This happened to me once in San Bernardino, Calif. I had just gone to bed in my house when I seen flashlights outside. The cops knocked on my door and demanded to be let in. I opened the door and they swarmed me putting me up against the wall. They then demanded proof that I lived there. After I produced a drivers license and untility bill they decided I did live there but went around my house looking in the ashtrays for roaches. Only the next day when I called to complain did they tell me they had a report of a burglary and that’s why they entered my home without a warrant. When I asked why they checked my ashtrays the cop told me it was in case the burglar was unusually small. That was forty years ago and it still pisses me off when I think about it.

  • LBrothers

    Can we quit calling these cops “leos”? It’s too reminiscent of lions and these pricks are more like slugs crawling through Paleozoic ooze.

    • Difdi

      Sure. But Law Enforcement Officer makes a tidy acronym. How would you make JACKAL or ASSHOLE fit the job title?

      • Lewknukem

        LEOs is fine. It now just stands for Lie Enforcement Officers.

        • http://www.facebook.com/jeffrey.m.gray Jeffrey Marcus Gray

          I thought LEO’s stood for Lesbians.Enjoying.O………never mind.

    • Randy Bolo

      Always peek who’s at the door and never open it for anyone you don’t feel comfortable with or know. If it’s a LEO; don’t say anything and shut and lock the door. If they stop you from doing so; notify them they are illegally entering the premises without your consent. If they break down the door; they have illegal entered and are liable for a BIG lawsuit so make sure it’s recorded. If you’re more daring and laws allow for it; turn up some music; record it and go, ‘OMG..OMG..someone is breaking into my house’ then shoot many times through the door as it’s busted open.

  • BusPass

    Somewhere in the northeast.

    I heard an accent among several of the characters that sounded Pittsburgh’ish. Maybe eastern PA or Jersey.

    • Carlos_Miller

      Very good. She has since left a comment saying this was Turtle Creek, which is just outside Pittsburgh.

  • Mark Olish

    They should be charged with home invasion and locked up in general population.

  • Harry Balzanys

    Again the point isnt if they had a valid warrant or not the point is a officer turned of the camera with no lawful authority or purpose and commited prior restraint a federal crime, that is the crime that is crystal clear here.

    • Difdi

      Prior restraint of first amendment rights is what he did, the actual law he violated was 18USC242. Many places consider a crime an armed crime if you are visibly armed while breaking the law, a few even consider the mere fact of being armed while committing crimes (even if the victim never sees the weapon and never knows its there) to make the crime an armed one.

      Violating 18USC242 with a threat or use of a dangerous weapon elevates it to a felony offense.

  • Jeff

    Watching this just gave me the chills. I’m shaking and I’m not scared of much but wow this scares the crap out of me. I worked in EMS (emergency medical services) for nearly 25 years right alongside all sorts of cops and never saw anything like this. They always treated me and the rest of us with the utmost respect. Is this how they acted to everyone else? This is crazy. Now there are always two sides to every story and we don’t have theirs. But wow – they were in the wrong yet they barge in and pretty much do whatever they want? They treat her like total shit. Please, please get this to the local television station. I also work in media including local TV and I can tell you our reporters would kill to have this on the ten PM news. This happens in America? They treated her like total, total, total shit. Again, unless we don’t know the rest of the story based on what we see, the USA is turning into Russia a little more every single day!

    • Farid Rushdi

      I have always been treated with the utmost respect by the police too. But I’m white, upper middle-class (barely barely), drive a nice car and live in a good part of town. I have a college degree.

      I have a feeling that people not those things get treated less respectfully. Location also, I think, plays a part.

      I grew up in DC but have lived in Idaho for the last 25 years. Here, cops work for the citizens. We don’t get hassled for an ID, you can open carry with impunity and you don’t have to tell the officer you have a gun in your vehicle. Our local department trained their officers to not even say “I’d rather you not video me.” Their attitude is “I work for you.”

      I went back to DC last summer for the first time in 25 years and I forgot how police treated you there. No conversations. “Don’t be going there.” “Can’t you read the sign?” “Are you on drugs?” These are all things said to me by different officers (federal and city) as I walked around town.

      I am a reporter and was taking photos for a series about our senators and congressman. A park policeman stopped me from taking a picture.. “You can’t take pictures here” he said. “Sir, the Supreme Court has ruled ….” I began. “F**k the Supreme Court, he said. “Do you want to go to jail?”

      The building I was taking a picture of? The Supreme Court.

      Sigh …..

      I never believed that police treated minorities differently or that they routinely violated our 1st, 2nd and 4th Amendment rights, but I am working on a series about police and have found that it happens, maybe not often but it does happen. I wanted all seven stories to be positive but I’m afraid it’s not going to be the love fest I had envisioned.

      What are you if I may ask? Are you like me, white, middle class, comfortable? I’m trying to figure out why they do the things they do. I have to believe that they are good people when they join the force, but the danger–and the power–changes some of them.

      And thank you sir for the work you do helping others. There is no more noble a career than one like yours, be it fireman, policeman, teacher or EMS.

      God Bless you.

      • Jeff

        I too am upper-middle class, white, 50, very “white” looking, dress well, etc. Based on the other video I just saw where Jeff Grey called and spoke with the PIO at Miami, and having dealt very much with fire unions and somewhat with police, I’m really starting to think that the upper brass really are on our side. They are in the same fight that everyone is with the unions. I’m in Wisconsin where there has been a huge battle with the public unions and so much has come to light. I really wonder if this is not an us against the street cops it’s more of an us and the police non-union brass against the street cops. They all hide behind their union, feel they can do whatever they want and will resort to whatever tactics they feel are necessary. Does this sound like union thugs to you? It does to me. I am really starting to think that these are not police thugs as much as they are union thugs. Think about it. There are a huge number of similarities. There really are – or at least it seems that way to me.

        • Shawn

          Jeff, I don’t know about that. There was widespread abuse by NYPD supervisors during the Occupy Wall Street protests.

        • Farid Rushdi

          You may very well be right.

          I don’t really blame the street cops for their thuggery. They beat someone up, they steal their camera, they put someone in a coma and what happens? Their supervisors–or their union leaders–go on television and say “We’re proud of our officers. They followed policy and did nothing wrong.”

          They have to really believe what they are doing is not only right, but righteous.

          Their was an officer who followed a biker in Ohio for a few miles, pulled him over and then shot and paralyzed him when he went for his ID and registration (he felt “threatened”). Same old thing. At first the department stood by him, found no wrong doing, then the lawsuit was filed and eventually he was fired.

          But the union went to bat for him and he was reinstated, at least temporarily.

          It’s these guys, the supervisors and the union thugs who make the streets unsafe for us typical law-abiding types. If they would come down hard on these bad officers, or good officers who make bad mistakes, I think said thuggery would pretty much cease. It would be like having an affair and your wife saying, “Well, I don’t see the problem.” There is no incentive to stop the bad actions.

    • Rusty Gunn

      Jeff, yeah man congratulations on waking up. We live in a phukken police state. Some cops in Miami choked a black teenager to death recently because they didn’t like the way he looked at them. This shit is really common place. Check into CopWatch and PINAC, you’ll get a real education.

  • Tony Loro

    Big mistake turning off the recorder. I would find that guy and sue him for tampering with evidence.

  • Sick and tired

    This upsets me very much and gives me the shakes and I am not even there. Cops today are so out of control something really needs to be done about the way they bully people and break the law.

  • rick

    Is this really Pennsylvania? Isn’t that a two-party consent state?
    Conspicuous recording may be allowed but surreptitious audio recordings, even of law enforcement, probably isn’t.
    Remember, stating the law and endorsing the law are two different things. Don’t shoot the messenger.

  • Disappointed But Not Surprised

    I wonder if intentionally turning off a camera which is gathering evidence is tantamount to destroying evidence?

  • Ron

    That is simply appauling! They need to be fired.

  • http://twitter.com/OgieOgilthorpe7 Ogie Ogilthorpe

    My god American cops are such rude dickheads.

  • steveo

    In my county, everyday more than 50% of the arrests are for outstanding warrants. Most of them because the subject didn’t show up for court, also a few VOP’s and some out of county and a few fugitive warrants. Pinellas county has 30,000 outstanding warrants mainly for misdemeanors, so the number of warrants in a jurisdiction is sometimes pretty high. An event, like this though would be fairly unique in the fact that there are several seemingly plain clothes cops, but not a swat team. It would be great to know exactly what they were looking for the real Robin or Robyn for. Usually, one or two sheriff’s deputies go to an address, if they are out gathering up the misdemeanor warrants.

  • hamilt0n

    She should have never opened the door. If the police had a warrant they’d kick the door down.

    • Proud GrandPa

      The resident may give up rights by opening the door to the police. Keep it closed until you actually read the words SEARCH WARRANT, not ARREST WARRANT. And never take their verbal declarations alone. Demand to see the document. It is your right.

  • greg

    To Robin:Find a civil rights attorney and u will win!!also call internal affairs and make an official complaint.Also make a complaint to the fbi and dept of justice,So they make surethe internal affairs investigation is done right!!

  • Carlos_Miller

    Just made some phone calls to the police department and mayor’s office as I mentioned in my update.

  • http://www.facebook.com/profile.php?id=100002329011677 Jaysin R Clifton

    they get a few of them together and they act like a thug gang. its mob mentality. mob rules, no rules

  • rick

    A lot of down votes for my comments but no legal argument presented.

    http://crimlaw.blogspot.com/2012/03/can-officer-enter-residence-to-arrest.html
    An excellent read that often says, NO! police cannot enter. Then again, here are all the exceptions. The above story clearly meets the exceptions allowing entry into the home.
    Make sure to read the whole thing!

    http://en.wikipedia.org/wiki/Payton_v._New_York
    Payton V New York:
    The court, however, did specify that an arrest warrant (as opposed to a search warrant) would have sufficed for entry into the suspect’s residence if there had been reason to believe that the suspect was within the home.

  • Ichabod Crane

    I just called and asked nicely how i would go about having them charged with criminal stupidity. The lady on the other end suggested the local Magistrate at (412) 824-6201

  • chaosngn

    We called on the story to get a comment, and they said “We have no comment” and the lady was just as rude as the officers in the video. There is apparently some serious corruption going on here, and some serious distress as to being busted in the act.

  • Robert Baker

    I called all the numbers and attempted to ask questions in order to get the local police and towns response and side of the story. I was hung up on twice and told they will not comment I have left the mayor a voice mail. They told me they were “trying to run a business here” I did not know law enforcement was a business rather it is a government service payed for by the people and is for the people. Their reaction is simply to put head in sand and wait to get sued and for bad press. Everyone call these people they are mad I want them madder that people are calling them trying to get them to do their jobs and respond to the people.

  • ZZZhead

    I called the PD earlier and asked how one would go about prosecuting their cops for criminal stupidity. He gave me the number for the local magistrate. (412) 824-6201

    • ZZZhead

      Sorry, “She”, not he gave me the number.

  • Rock

    She can’t talk to you cause it’s LAWSUIT time! Everyone should be pissed at these thugs because the taxpayer are the ones that are going to pay that bill.

  • http://excoplawstudent.wordpress.com/ ExCop-LawStudent

    Actually, the entry was probably valid. When Robin opened the door and was in the doorway, she had moved from a private place to a public place. United States v. Santana, 427 U.S. 38, 42-43 (1976).

    The officers had an arrest warrant for a Robin Edwards, and the woman said her first name was Robin. At this point the officers had a reasonable suspicion that this was the wanted person.

    When Robin turned to go get her ID, the officers had the authority to follow her. Id.; see also Commonwealth v. Johnsonna, 616 A.2d 1376 (Pa. Super. 1992); Commonwealth v. Terebieniec, 408 A.2d 1120 (Pa. Super. 1979).

    Turning off the camera is more problematic, and their attitude sucked, but as far as entry, it would not appear that they violated her rights.

    • deymo

      I think you misunderstood United States v Santana. United v Santana relates to hot pursuit of a suspect from outside of a house into a house. This case is different. Santana was on her porch when police arrived, and police had probable cause to search Santana BEFORE arriving at her porch. Santana fled inside her house, and police pursued apprehended and searched her. SCOTUS essentially ruled that your porch is not part of your house, as it is in public view, and you have no expectation of privacy while on your porch.

      The facts here are different. This person was clearly inside her house, behind a closed door when police arrived. There is an expectation of privacy. 4th Amendment applies.

      • rick

        A person named Robin owned the property. A person named Robin was listed on the arrest warrant. A person named Robin OPENED the door.
        Do the cops have a “reason to believe” the suspect is within the dwelling?

        “In Payton, the court set out a two pronged inquiry before police may enter a private residence to execute an arrest warrant. First, they must possess a reasonable belief that the residence is the suspect’s dwelling, and, second, they must have “reason to believe” that the suspect is within the dwelling.”
        http://www.llrmi.com/articles/legal_questions/2-oct07.shtml
        Link provided by ‘Name’

      • http://excoplawstudent.wordpress.com/ ExCop-LawStudent

        Actually, I believe that you do not understand the principle of law at issue here. It has nothing to do with the fact that Robin opened the door from a private residence. She voluntarily opened the door and stepped into the threshold.

        “While it may be true that under the common law of property the threshold of one’s dwelling is “private,” as is the yard surrounding the house, it is nonetheless clear that under the cases interpreting the Fourth Amendment Santana was in a “public” place.” Santana, 427 U.S. at 42.

        Once Robin stepped into the threshold, she was in a public place. She identified herself as “Robin” and the officers held a warrant for Robin Edwards. When she re-entered the house, the officers were entitled to follow. See also United States v. Botero, 589 F.2d 430 (9th Cir. 1978) (a defendant standing in a doorway cannot divert an arrest by retreating into the house; even if the arresting officers followed Botero into the apartment to arrest him, the entry was proper); Illinois v. McArthur, 531 U.S. 326 (2001) (a person standing in the doorway of a house is “in a ‘public’ place,” and hence subject to arrest without a warrant permitting entry of the home).

        Whether she was behind a closed door at the start or not is immaterial to the issue of entry. Once she voluntarily opened the door and stood in the threshold, she was in public.

        • Haeshu

          Good explanation. I think that you are saying that by standing in the threshold, she was in public and could no longer retreat into her home. So then, in order to protect her home, she should have maybe just cracked the door open to talk to them but remained inside? Had she done that and went to retrieve her ID, would they be able to legally follow her in at that point?

  • Jeff
  • rick

    Read the comments left by Robynstorm2 (lady in the video) on YouTube.
    /watch?v=–GNUZQZfxI

  • Jerome V.

    I called too and the lady hung up on me as well. I couldn’t even be transfered to internal affairs.

  • Aaron King

    what a crock of shit. this video gets posted, and accusations are being thrown around like mad. did anyone verify whether or not the police had a warrant to search the location? do your home work people before shooting your mouth off……

  • Heimdall

    The criminal police have a legion of trolls and shills that go all over the internet to cover for them when the traitor scum bags commit felonies and mistreat their betters.

    • http://excoplawstudent.wordpress.com/ ExCop-LawStudent

      What felonies?

  • Heimdall

    Frankly, these ignorami are dirty traitors, criminals, and foulmouthed cowards! What trash!

    • http://excoplawstudent.wordpress.com/ ExCop-LawStudent

      Never mind my previous comment.

      I just realized that you don’t have a clue about the law, or you wouldn’t have made the treason comment.

      So from here I’ll remember DNFTT.

  • Heimdall

    P.S. Those things do not qualify as human!

  • Heimdall

    People, this is going to continue to get worse, and worse until you are willing to make the sacrifices necessary to put a stop to it. If you don’t, your children’s liberty will not be worth a bubble gum wrapper.

  • sonny free

    they do it in TENNESSEE all the time they no the poor have no power to do anything so the police just do as they please in TENNESSEE.Like a police LT in TENNESSEE said ,what rights you have is whatever i say you can have and you should thank the police for what little freedom we allow you to have.With that being said why would anyone believe that police in TENNESSEE would need a little thing such as a warrant?. my opinion until TENNESSEE police take that away.

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