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-   -   This sor tof shit worries me (http://www.twowheelfix.com/showthread.php?t=11514)

Papa_Complex 11-10-2009 06:57 AM

This sor tof shit worries me
 
It's always a tragedy when some teenager goes missing without a trace. This girl vanished several weeks back and all that has been found of her, is her backpack in an alley. What worries me though are the tactics police are now using to try and find her.

6,000 homes searched for Mariam clues

Martin O'Carrigan says he has nothing to hide.

That's why he didn't think twice when officers showed up at his door Monday asking to search his apartment for clues in the case of a missing Toronto teen. He even opened up his closet door for the two detectives to get a closer look.

"They were just doing their jobs," said O'Carrigan, adding he had no qualms about letting the "very personable" detectives search his apartment, in the same building where the family of 18-year-old Mariam Makhniashvili lives.

In what police are calling an unprecedented move, they have assigned 60 detective constables from squads such as fraud, sex crimes and homicide to canvass about 6,000 homes in the midtown area where Mariam lived and went to school.

While O'Carrigan responded to a list of questions about whether he saw Mariam or anything suspicious around the time of her disappearance on Sept. 14, the officers listened attentively. They took note of what he said and how he said it.

"If you've got nothing to hide, just answer the questions. Someone in the building must know something, some lead, some tip, something that will help," said O'Carrigan.

Police are hoping to find that someone. For the next two or three weeks, plainclothes officers will visit houses, condos and apartments near Bathurst St. and Eglinton Ave. W., targeting Shallmar Blvd., where the family lives.

"You will expect a knock at your door and police will keep knocking at your door," Det. Sgt. Dan Nealon told a news conference. "We're also asking to be invited into your home just for a quick peek into areas of your home to ensure that there is no evidence ... and we can move on."

While people have the right not to answer questions from police or let them into their homes, those who do not co-operate may find themselves subject to a search warrant, said the lead investigator. In the past, such door-to-door searches have raised concerns by the Canadian Civil Liberties Association because residents felt intimidated and threatened by the presence of officers.

No one from the association could be reached for comment Monday, but residents told the Star they did not mind the police presence.

"There's a missing child involved, why wouldn't you help?" said one man, who asked that his name not be used.

Even though police visited homes in the area after her disappearance, this "intensive investigative canvass" will enable investigators to "drill down," said Nealon, adding there is no evidence of foul play.

One resident, who lives above the Makhniashvili family, said this second visit by police was much more thorough.

"Last time, they didn't come in and we just had a very short conversation in front of the door," said the man, who asked not to be identified. But this time, he said, officers entered his apartment and looked inside cupboards, closets, and the refrigerator.

The canvass comes after failed attempts by police to drum up leads in a case that has baffled them. In the nearly two months since Mariam disappeared, police have appealed for help at three high schools, used helicopters to search two Toronto parks and seized 27 computers from two public libraries to try to trace her emails and Internet surfing. The city has been papered with posters and officers have followed up on hundreds of tips. But still, no clues.

The teen disappeared after walking to Forest Hill Collegiate with her brother. They parted ways outside and she never made it to class.

The siblings had moved to Toronto in late June from the Republic of Georgia to be reunited with their parents, who had been living in California for five years. Her parents have said she did not speak English very well, had no friends and did not know her way around Toronto. She left home without her passport and with no money.

On Monday, police released a new digitally enhanced photo of Mariam in the clothes she wore Sept. 14. The image will be displayed on a large information screen outside the Yonge-Eglinton Centre, which is near where Mariam's knapsack was found last month, in a parking lot behind 120 Eglinton Ave. E.

The intersection is "one of the busiest areas in the city and hopefully it'll grab someone's attention," said Nealon.

With files from Ann Hui and Leslie Ferenc

karl_1052 11-10-2009 07:45 AM

Quote:

While people have the right not to answer questions from police or let them into their homes, those who do not co-operate may find themselves subject to a search warrant, said the lead investigator. In the past, such door-to-door searches have raised concerns by the Canadian Civil Liberties Association because residents felt intimidated and threatened by the presence of officers.
This is the part that bothers me. Don't they have to have some form of evidence before a warrant can be obtained?
I am with the one dude, if it can help, I would answer questions, but there ain't no way they are getting in. If they do come back with a warrant, it better be justified, or I am calling a lawyer, and will be sunning in Cuba in the spring.

wildchild 11-10-2009 08:11 AM

had my property searched randomly for a missing woman 16 years ago in tenn. the "nice" officer even offered to shoot my dog if he even growled at him again. He did tell me he found no reason to look further otherwise he would have searched inside the house. It was without a warrant and he did knock and I allowed him to search. It's nothing new, they're just trying every avenue to find someone. I disagree with them using any evidence found of other crimes against you though.
Had a friend get his place searched in Florida for a missing person, he forgot to hide his plants. He went to jail because they couldn't "overlook" the plant right out in the open.

Papa_Complex 11-10-2009 08:19 AM

Quote:

Originally Posted by karl_1052 (Post 290026)
This is the part that bothers me. Don't they have to have some form of evidence before a warrant can be obtained?
I am with the one dude, if it can help, I would answer questions, but there ain't no way they are getting in. If they do come back with a warrant, it better be justified, or I am calling a lawyer, and will be sunning in Cuba in the spring.

They could turn my house upside-down and find nothing that they could even write me a ticket for, but I would still not let them in the door. I don't believe in the, "If you've got nothing to hide..." mentality. Ultimately they would be able to get into my home without warrant, anyway, on the premise of checking that my firearms are properly stored.

The problem, as I see it, is that they're implying guilt based on a desire to maintain personal privacy. You have a right to say, "No." when police ask to search your home. The threat of getting a warrant is a hollow one. Saying that you won't LET them search isn't a valid reason for a warrant.

CasterTroy 11-10-2009 08:35 AM

Quote:

Originally Posted by wildchild (Post 290040)
the "nice" officer even offered to shoot my dog if he even growled at him again.


not trying to sound all "billy bad ass" here in the shoulda-coulda-woulda senerio....but I'd have to say something I'd be in jail for in response to THAT kinda shit


As far as the rest of it....say hello to the future my friends! Big Gov means less privacy. It doesn't matter WHAT party is in control....because absolute control....well ....you know the rest

karl_1052 11-10-2009 08:51 AM

Quote:

Originally Posted by Papa_Complex (Post 290045)
They could turn my house upside-down and find nothing that they could even write me a ticket for, but I would still not let them in the door.

I am the same way. You won't find anything, but you are not even getting a chance to look. I will, however answer any questions, to help find a missing person.

CrazyKell 11-10-2009 08:52 AM

Personable does not mean "nice". Was that out loud?

That's crazy!

Quote:

Originally Posted by karl_1052 (Post 290057)
I am the same way. You won't find anything, but you are not even getting a chance to look. I will, however answer any questions, to help find a missing person.

Plus one.

Papa_Complex 11-10-2009 08:56 AM

Quote:

Originally Posted by CrazyKell (Post 290058)
Personable does not mean "nice". Was that out loud?

That's crazy!



Plus one.

Same thing was done here, in Brampton, a couple of years back when a kid went missing.

z06boy 11-10-2009 09:20 AM

Quote:

Originally Posted by wildchild (Post 290040)
the "nice" officer even offered to shoot my dog if he even growled at him again.

That's totally fvcked up and I'd probably be in trouble after that if I was innocent and some cop did this.

shmike 11-10-2009 09:29 AM

Scary shit.

Homeslice 11-10-2009 09:35 AM

Had it been a boy missing, I bet they wouldn't have devoted half as much effort.

wildchild 11-10-2009 12:33 PM

Quote:

Originally Posted by z06boy (Post 290077)
That's totally fvcked up and I'd probably be in trouble after that if I was innocent and some cop did this.

I consider it one of my better moments of control. not sure what would have happened if he had decided to carry out his little threat.

Papa_Complex 11-10-2009 12:38 PM

Quote:

Originally Posted by wildchild (Post 290190)
I consider it one of my better moments of control. not sure what would have happened if he had decided to carry out his little threat.

"Officer, I am now exercising my right to have you leave my property."

azoomm 11-10-2009 01:27 PM

They get away with it because people let them do it.... :panic:

Avatard 11-10-2009 02:16 PM

Quote:

Originally Posted by CasterTroy (Post 290046)
not trying to sound all "billy bad ass" here in the shoulda-coulda-woulda senerio....but I'd have to say something I'd be in jail for in response to THAT kinda shit


As far as the rest of it....say hello to the future my friends! Big Gov means less privacy. It doesn't matter WHAT party is in control....because absolute control....well ....you know the rest

Agree 100%.

Avatard 11-10-2009 02:19 PM

However, the best answer is probably this:

Officer, please back down, and go secure your warrant. I will secure my dogs, and we will be safely out of your way when you return.

Don't know if I could keep it cool enough to say that, and not react badly instead.

z06boy 11-10-2009 02:21 PM

Quote:

Originally Posted by wildchild (Post 290190)
I consider it one of my better moments of control. not sure what would have happened if he had decided to carry out his little threat.

I hear ya and just to be clear I was talking about if he had actually shot my dog...when I knew I had done nothing wrong at all.

For him just making the threat...yes I would have had to excercise control as you did.

Avatard 11-10-2009 02:27 PM

PC,

As for the blanket searches of homes...I'm without words.

I'd probably move to where that doesn't happen.

Immediately.

shmike 11-10-2009 02:32 PM

Quote:

Originally Posted by Avatard (Post 290293)
PC,

As for the blanket searches of homes...I'm without words.

I'd probably move to where that doesn't happen.

Immediately.

Where?

Seriously, I can't think of a place where this couldn't / wouldn't happen.

Papa_Complex 11-10-2009 02:35 PM

Quote:

Originally Posted by Avatard (Post 290288)
However, the best answer is probably this:

Officer, please back down, and go secure your warrant. I will secure my dogs, and we will be safely out of your way when you return.

Don't know if I could keep it cool enough to say that, and not react badly instead.

We have the right to say no. Intimidation and lack of explanation is used in order to wheedle compliance. It isn't a fait accomplis.

Avatard 11-10-2009 02:49 PM

Quote:

Originally Posted by shmike (Post 290297)
Where?

Seriously, I can't think of a place where this couldn't / wouldn't happen.

Then I'd aim for "least likely".

Sovereignty is the most primary right.

See: Man; Castle.

shmike 11-10-2009 02:55 PM

Quote:

Originally Posted by Avatard (Post 290309)
Then I'd aim for "least likely".

Sovereignty is the most primary right.

See: Man; Castle.

I agree.

And I can't think of this happening recently in the US but it wouldn't suprise me in the least.

Where would you say you'd least likely to have your sovereignty imposed upon?

Smittie61984 11-10-2009 08:25 PM

Quote:

Originally Posted by shmike (Post 290314)
I agree.

And I can't think of this happening recently in the US but it wouldn't suprise me in the least.

Where would you say you'd least likely to have your sovereignty imposed upon?

Probably the US is the best place. I don't know the Canadian law system (nor fully understand the ins and outs of the US) but I believe at least in the US the police/government has to jump through a few hoops. Here in America doesn't a judge have to sign and authorize it and is liable if the search is not justified or constitutional?

Papa_Complex 11-10-2009 09:20 PM

Quote:

Originally Posted by Smittie61984 (Post 290514)
Probably the US is the best place. I don't know the Canadian law system (nor fully understand the ins and outs of the US) but I believe at least in the US the police/government has to jump through a few hoops. Here in America doesn't a judge have to sign and authorize it and is liable if the search is not justified or constitutional?

Exactly the same thing could happen under your system, as they are REQUESTING access, not commanding it.

wildchild 11-11-2009 08:34 AM

Quote:

Originally Posted by Smittie61984 (Post 290514)
Probably the US is the best place. I don't know the Canadian law system (nor fully understand the ins and outs of the US) but I believe at least in the US the police/government has to jump through a few hoops. Here in America doesn't a judge have to sign and authorize it and is liable if the search is not justified or constitutional?


yes unless they believe a crime is being committed then they can enter without permission. another tactic they use is to park in your drive and wait for the warrant, meanwhile all your neighbors start wondering what the hell you've been up to to have a squad parked in your drive for a long length of time.


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