Mustang Forum - Mustang World - Legal question: warrantless searches

01-03-2007, 10:01 AM	#1
wire Mr. Trenton Join Date: Jun 2002 Location: i <3 juice Posts: 93,237	Legal question: warrantless searches An officer knocks on a door, and the resident opens it just a crack. In the background, the officer can see drug paraphanalia -- can the cop enter the home without a warrant? I know this varies slightly from jurisdiction, but not too much. I know if the cop simply smelled marijuana, or whatnot, he would still have to return with a warrent. However, if he saw someone dying on the floor, or some other immediate injury, or that he saw an injury was about to happen, he'd be legally allowed entry. __________________

01-03-2007, 10:01 AM	#2
Alfdog e-Playa Join Date: Jul 2001 Location: Sacramento, CA Posts: 83,688	__________________ MWPC Presidente , MW80's #001 , MWJC #002 , MWAN #011

01-03-2007, 10:02 AM	#3
AutumnOrangeGT 2damgud Join Date: Feb 2003 Location: Macomb, MI Posts: 6,667	I believe that falls under probable cause but don't quote me on it... but "drug paraphanalia" may not necessarily be illegal __________________

01-03-2007, 10:02 AM

wire

Mr. Trenton

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Quote:

Originally Posted by AutumnOrangeGT

I believe that falls under probable cause but don't quote me on it...

But then, why wouldn't smelling the smoke fall under the same guideline?

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01-03-2007, 10:02 AM

mttz

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Quote:

Originally Posted by AutumnOrangeGT

I believe that falls under probable cause but don't quote me on it...

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01-03-2007, 10:03 AM	#6
chuckd Registered User Join Date: Jun 2000 Location: Florida > * Posts: 5,696	It's always been known around the party scene I've been with that whoever opens the door at all to a cop, if he doesn't get arrested, gets a beat down from the clan. The door is NEVER opened for the cops. If you're that stupid, probably shouldn't be smoking anything to make you more stupid. __________________

01-03-2007, 10:04 AM

Abneriel

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Quote:

There are four main circumstances in which a warrant is not required for police to search your house:

(1) Consent. If the person who is in control of the property consents to the search without being coerced or tricked into doing so, a search without a warrant is valid. Note that police do not have to tell you that you have the right to refuse a search, but you do. Also, note that if you have a roommate, he or she can consent to a search of the common areas of your dwelling (kitchen, living room), but not to your private areas (bedroom, for instance). On the other hand, the Supreme Court recently ruled that one spouse cannot consent to the search of a house on behalf of the other.

(2) Plain View. If a police officer already has the right to be on your property and sees contraband or evidence of a crime that is clearly visible, that object may be lawfully seized and used as evidence. For example, if the police are in your house on a domestic violence call and see marijuana plants on the windowsill, the plants can be seized as evidence.

(3) Search Incident to Arrest. If you are being arrested in your house, police officers may search for weapons or other accomplices to protect their safety (known as a "protective sweep"), or they may otherwise search to prevent the destruction of evidence.

(4) Exigent Circumstances. This exception refers to emergency situations where the process of getting a valid search warrant could compromise public safety or could lead to a loss of evidence. This encompasses instances of "hot pursuit" in which a suspect is about to escape. A recent California Supreme Court decision ruled that police may enter a DUI suspect's home without a warrant on the basis of the theory that important evidence, namely the suspect's blood alcohol level, may be lost otherwise.

http://www.legalzoom.com/articles/a...ticle14788.html

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01-03-2007, 10:05 AM	#8
wire Mr. Trenton Join Date: Jun 2002 Location: i <3 juice Posts: 93,237	Danke __________________

01-03-2007, 10:06 AM	#9
LUCC MW, sirius bizness!!! Join Date: Oct 2003 Location: 2 in the pink 1 in the stink!! Posts: 19,587	Yes. __________________ Earn $$$ taking surveys: https://www.surveysavvy.com/ss/ss_i...=join&lid=en-us

01-03-2007, 10:08 AM

#10

Abneriel

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Quote:

Originally Posted by wire

Danke

Bitte schön

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01-03-2007, 10:23 AM	#11
CanIhaveGAScash n00b Join Date: Jan 2003 Location: 8,000 feet Posts: 16,693	Plain View Doctrine. He may not search the house without a warrant in this case but he can enter it based on what he is able to see and arrests may be made. In addition what he has seen can be used to obtain a search warrant. __________________ MW HCCODC #01

01-03-2007, 10:33 AM	#12
Jay MagikMike Thinks I'm Sexy Join Date: Aug 2003 Posts: 9,139	Yes. __________________

01-03-2007, 10:56 AM

#13

knucklehead11

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Quote:

Originally Posted by Abneriel

http://www.legalzoom.com/articles/a...ticle14788.html

.

And watch this:
http://video.google.com/videoplay?d...350501823&hl=en
It's 45 minutes long but it's a goodie

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Quote:

Originally Posted by pb24dagrk

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