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[quote="Dan H @ Fri September 24, 2004 10:05 am"]Alright, newbie here correct me if I'm wrong. I'm going over this right now in the R/I Academy.
"When the police questioned him, Harrington became upset and uttered some profanities. When he tried to step back inside the home, police said, they pulled him out. "
If the man was outside being questioned, then went back inside he can be retreived on the basis that a reasonable person wouldn't have beleived that they could leave. The officers had reasonalbe suspicion to sieze him for investigation. Now if the man hadn't been outside his threshold, he wouldn't have been able to be removed without a warrant right?[/quote]


Dan, it all depends on if he stepped out, or they pulled him out. That is the question. Then there is a question that could be raised about the porch {being part of his dwelling}.
If he was outside the residence, he could have been held for further investigation.

In Mass, the state would have lost. Remenber, you need a warrant, exigency, or consent.

The courts haver already forbid entry for an OUI because they didn't have either of the above.

The case is Comm vs. DiGeronimo. Read it when you have nothing to do.

http://www.commonwealthpolice.net/case/commD/Commonwealth%20v%20DiGeronimo,%2038%20Mass.%20App.%20Ct.%20(1995).htm
 
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