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Discussion => Newbie discussion => Topic started by: chesty puller on June 18, 2013, 04:16 am

Title: cd proofed home?
Post by: chesty puller on June 18, 2013, 04:16 am
is it true that LE cannot enter private gated houses without a warrant? like a parameter fence with a single gate and padlock. that would essentially CD proof the residence following that logic

insight?
Title: Re: cd proofed home?
Post by: unholygoats on June 18, 2013, 04:31 am
Every state is different:


California law:

California Code of Civil Procedure Section 415.21
§ 415.21
(a) Notwithstanding any other provision of law, any person shall be granted
access to a gated community for a reasonable period of time for the purpose
of performing lawful service of process, upon identifying to the guard the
person or persons to be served, and upon displaying a current driver's
license or other identification, and one of the following:
(1) A badge or other confirmation that the individual is acting in his
or her capacity as a representative of a county sheriff or marshal.
(2) Evidence of current registration as a process server pursuant to
Chapter 16 (commencing with Section 22350 Bus. & Prof.) of Division 8 of
the Business and Professions Code.
(b) This section shall only apply to a gated community which is
staffed at the time service of process is attempted by a guard or other
security personnel assigned to control access to the community.
3 years ago



tho a word to the wise: Police do not need a warrant if they observe a crime being committed or they see contraband (illegal items) in plain view. This is called exiting circumstances which do not require a warrant. This allows the police to enter private property without permission. They just have to be able to prove these circumstances in court after its all over. I.e. Broke down the door because they heard a woman screaming wouldn't hold up in court as much as them saying they blatantly saw guns, scales, copious amounts of white powder and 2-3 passed out junkies in the yard.
Title: Re: cd proofed home?
Post by: White 0ut on June 18, 2013, 04:35 am
Every state is different:


California law:

California Code of Civil Procedure Section 415.21
§ 415.21
(a) Notwithstanding any other provision of law, any person shall be granted
access to a gated community for a reasonable period of time for the purpose
of performing lawful service of process, upon identifying to the guard the
person or persons to be served, and upon displaying a current driver's
license or other identification, and one of the following:
(1) A badge or other confirmation that the individual is acting in his
or her capacity as a representative of a county sheriff or marshal.
(2) Evidence of current registration as a process server pursuant to
Chapter 16 (commencing with Section 22350 Bus. & Prof.) of Division 8 of
the Business and Professions Code.
(b) This section shall only apply to a gated community which is
staffed at the time service of process is attempted by a guard or other
security personnel assigned to control access to the community.
3 years ago



tho a word to the wise: Police do not need a warrant if they observe a crime being committed or they see contraband (illegal items) in plain view. This is called exiting circumstances which do not require a warrant. This allows the police to enter private property without permission. They just have to be able to prove these circumstances in court after its all over. I.e. Broke down the door because they heard a woman screaming wouldn't hold up in court as much as them saying they blatantly saw guns, scales, copious amounts of white powder and 2-3 passed out junkies in the yard.

Your going to be a helpful member. Kudos & +1