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2026-10-22 21:57
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I can quote constitutional law, I can quote case law, judicial precedent, whichever route you want to go, but he will not come out. Sorry. Hey, listen, you're you're barking up the wrong tree, okay? I know law. If you have a warrant for his arrest, bring it. >> In this encounter, officers arrived at a private residence claiming they had a warrant for the homeowner's son. The father demanded to see it, but officers admitted they did not have the warrant with them. Refusing to allow entry or bring his son outside, the homeowner repeatedly cited Fourth Amendment and curtilage protections, turning the encounter into a constitutional dispute over warrants, consent, and lawful police authority. >> So So your son We have a warrant for your son. >> Let me see it. >> We do not have it in hand. >> Well, then you do not have a warrant. >> I'm sorry. >> Then you do not have a warrant. What are your officers' names? Give me your names and and badge numbers, please. Names and badge numbers. >> I'm Sergeant Andal. >> Badge number? >> 3841. >> Your name? >> Boyer. 4468. >> And your name? >> Brown. 4515. >> You say you're here with a warrant, but then you say you don't have a warrant. >> The paperwork is at the at the office. >> No can do. I'm familiar with the law. You guys were here the other day, correct? >> We weren't, no. >> Okay. >> We weren't here. >> Well, my wife was, and she has two law degrees. >> Uh-huh. >> And as stated, this will be forwarded to our daughter who's a political appointee by the current administration at the Department of Justice in Washington. A lot of people don't know that. Go get the warrant and then come back. You think that he's coming out there? I know my rights. I can quote constitutional law all day long. I may have long hair, but I wouldn't let it fool me. I wouldn't let it fool you. >> Well, sir, we're not we're not trying to play any tricks on you, There is paperwork for him to go up to the intake officer to get that paperwork signed, okay? >> Yeah, well then I will wait until it's signed. >> Well, he's got to come up there. >> Doesn't work that way, pal. You know that and I know that. I know the law. I know the law. >> But he need he needs to be present for the paperwork to be signed. >> That ain't going to happen, pal. >> It's getting signed. >> I have an attorney that Listen, I have an attorney in this area. >> Quick so we can have a conversation back and forth. >> Go ahead. Go ahead. >> Right? For the paperwork to be signed, he needs to be present so it can be served on him so he can >> It will not happen. That's not how it works. >> Okay, how does it work? >> You tell me. >> I just did. >> No. Unless there's a warrant, we're in the curtilage of our home and according to Collins v. Virginia 2018, we do not have to come out. I can quote knock and talk, I can quote constitutional law, I can quote case law, judicial precedent, whichever route you want to go, but he will not come out. Sorry. No can do. >> You realize that we're going to come come back. >> That's fine. >> We're going to go to go to meet him at his school, we go to your job. You know what I mean? It's it's >> Hey, listen. Are are you are you trying to threaten me? >> No, I'm just telling you that you actually have the paperwork served on him. >> Well, then do it. >> All right, you have a day in court, okay? You don't know >> Hey, listen. You're you're barking up the wrong tree, okay? I know law. I'm just going to leave it at that. And what you're saying is puts a smile on my face because it tells me that you guys don't have anything. If you have a warrant for his arrest, bring it. >> Okay, he he's just explaining to you he just explained >> It's not going to happen. I'm I'm telling you it's not going to happen. >> It'll be simple. We go up there, we take care of some paperwork real >> No. You're not coming in the home. Without a warrant, you will not enter my home. >> Where are you guys out of? Is it Franconia? >> Franconia. >> Okay. >> Okay. >> Well, then you don't have far of a drive to go and get the paperwork signed and brought over. >> It's It's already signed. >> Well, then why don't you bring it? >> It's already signed. It's up It's at our warrants desk. >> [laughter] >> You guys aren't making any sense. With all respect, you're not making any sense. >> That's how our policies are, sir. When the warrant >> That's fine. But the But law says, unless you bring a warrant, he will not go. And then you were talking about the workplace and different things. I perceive that as uh >> What I'm saying is you can you can handle it right now. >> Handle what right now? >> We have to We have to keep looking meeting you at different places. That's what I'm >> What do you mean meeting us at different places? You just showed up here. This is where he lives. It ain't going to work. I'm telling you now. It will not work. I've al- already I live in Texas, so I'm familiar with Texas law, okay? I'm not licensed here, but I have attorney friends here, and I have one that's going to be representing him in juvenile law, and I just got off the phone talking with her moments ago. So, I suggest that you guys go and get the warrant the way that it's supposed to be done, and then come back. Otherwise, see, look, I'll tell you this, in Texas, it's like here. >> West Virginia. >> I understand that. I'm not stupid. If you had a warrant, you'd be coming in and showing it, and he'd be coming out. I am just floored at the position that you're standing here saying that he you you want him to come there and sign something, and you have a warrant, but you have no warrant on you. But you want him you want me to bring him out to you. >> When the paperwork, right? When we obtain a warrant, okay? Juvenile or adult, it gets signed by a magistrate, if I may. Quick. Okay? It already gets signed, which means it's already valid, which means your son is wanted. Okay? All that we're saying is that we take him down >> to serve the paperwork >> it on him. >> It's not going to happen. >> issued. >> Will not happen. If you want If you want a civil rights lawsuit against uh the respondent being Fairfax County, good luck. >> If you want to call up to the >> No, I'm not going to call anybody. That's your job. >> We already did. We already did. >> Well, then go get it. We're at a stalemate. If you guys had something, you'd already be coming in. If there was a a state of exigency, you'd be coming through the door. If I gave you permission, you'd come through the door. If you had a warrant, you'd come through the door. You don't get have either of the three, any of the three. >> All right. >> I hope not. >> All right. Let's go then. >> Because I'm already going already have somebody that's going to be filing a civil rights lawsuit against uh the department. The respondent will be the county, of course. >> All right. All right. Well, we'll be back. >> That's what I thought. It's exactly what I thought. >> All right. We'll see you, buddy. >> You bet. >> This encounter focused on Fourth Amendment limits involving home entry, curtilage protections, and warrant execution. Officers repeatedly claimed a warrant existed while the homeowner challenged their authority to demand compliance without presenting it or obtaining consent to enter the residence. The exchange highlighted the legal difference between a voluntary knock and talk and a lawful custodial action supported by judicial authorization.
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