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Originally Posted by DJ's left nut
They weren't doing anything illegal when the cops got there, the cops had merely recieved reports of 'gunfire' in the area. Hell, based on that alone, I'm not so sure the cops had the right to enter the 'curtilage' of the home. That's certainly not public view and with no warrant along with no direct observation of illegal activity, the cop shouldn't have just walked into the back yard. A cop may be able to give you a better breakdown of that, but I don't believe opening a gate to enter a privacy fence without a warrant and without direct observation is Constitutionally permissible.
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... After receiving a 911 call from a neighbor reporting gunfire coming from the backyard, the deputy arrived and noticed a plastic "cannon-type device" in the yard through the wooden fence, the report said.
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With the tater gun in sight, I think he has the right to enter. Correct me if I'm wrong. I don't claim to be a lawyer.