Abused By Illusions

"Back in August, I reported an incident out of Wisconsin that may -- or may not -- help us answer the question: What should you do if police ask permission to search your home?

The daily Oshkosh Northwestern reported back on July 20: "Local police still have no culprit in custody following a Saturday night shooting that left an officer wounded in a south-side Oshkosh neighborhood. ...

"The ongoing search for a perpetrator continues to prove frustrating for residents of the otherwise quiet neighborhood. ... Residents ... had mixed things to say about the methods police used in searching homes Sunday morning in the aftermath of the shooting," the local daily reported.

Resident Terry Wesner told reporters "a couple of shotguns and a rifle" were removed from his home by SWAT team members after he consented to a search, though officers did not tell him they removed the firearms.

Of special concern to the local ACLU was a report that residents of the house that became the focus of the police investigation refused to consent to a search without a warrant. "(A police officer) declined to say whether officers pursued the warrant because the residents refused a consent search," the newspaper reported.

And here we thought the courts had ruled that refusal to give consent to a search could not be used as grounds to acquire a search warrant. For how can we really be said to retain any right to privacy if we can lose this right merely for invoking it?"



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