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Started By
Message
Search warrant question.
Posted on 3/12/15 at 9:58 am
Posted on 3/12/15 at 9:58 am
Whether it's your home or car, if police want to search your property they require a search warrant. Since a search warrant is supposed to address what, specifically, the police are searching for, I have a couple of questions for the legal beagels of the OT.
A. Are there rights to have legal representation present during the course of the search, and if so, can you demand the search can't begin until you have a legal representative present (within a reasonable time) to accompany the police during the search?
B. if a warrant is issued to search for evidence of say, the presence of stolen property, and during the search, they spot a bag of green leafy "spices". They don't know if it's weed, but they are suspicious it might be. It might be bag of oregano. Can they open it and snif it? It cetainly doesn't contain stolen property, which is what the warrant stipulated they were looking for. Can they take it under a presumption that it might be an illegal controlled substance, or are they required to request a second warrant before they can legally use this as evidence of a crime?
This references a recent action at my neighbor across the street. Police showed up with a warrant. His son goes to a local college. Something of value went missing. School admins were convinced he had it and got a judge to issue a warrant. The homeowner told police they could come in and sit in his front room or stay in their cars, but they couldn't search until his attorney was present. The police laughed in his face and threatened to arrest him if he interfered with the search and told him to step aside.
They didn't find what they were looking for, but did find a bag of weed in the kid's room and they took it for testing. So far, no arrests, but they expect a knock on the door at anytime. Since this was not what the warrant was written to search for, is the siezed weed legal evidence or not?
A. Are there rights to have legal representation present during the course of the search, and if so, can you demand the search can't begin until you have a legal representative present (within a reasonable time) to accompany the police during the search?
B. if a warrant is issued to search for evidence of say, the presence of stolen property, and during the search, they spot a bag of green leafy "spices". They don't know if it's weed, but they are suspicious it might be. It might be bag of oregano. Can they open it and snif it? It cetainly doesn't contain stolen property, which is what the warrant stipulated they were looking for. Can they take it under a presumption that it might be an illegal controlled substance, or are they required to request a second warrant before they can legally use this as evidence of a crime?
This references a recent action at my neighbor across the street. Police showed up with a warrant. His son goes to a local college. Something of value went missing. School admins were convinced he had it and got a judge to issue a warrant. The homeowner told police they could come in and sit in his front room or stay in their cars, but they couldn't search until his attorney was present. The police laughed in his face and threatened to arrest him if he interfered with the search and told him to step aside.
They didn't find what they were looking for, but did find a bag of weed in the kid's room and they took it for testing. So far, no arrests, but they expect a knock on the door at anytime. Since this was not what the warrant was written to search for, is the siezed weed legal evidence or not?
Posted on 3/12/15 at 9:59 am to HubbaBubba
quote:
Whether it's your home or car, if police want to search your property they require a search warrant
Or probable cause. IE; I smelt weed in the air around this location.
Posted on 3/12/15 at 10:01 am to HubbaBubba
quote:
B. if a warrant is issued to search for evidence of say, the presence of stolen property, and during the search, they spot a bag of green leafy "spices". They don't know if it's weed, but they are suspicious it might be. It might be bag of oregano. Can they open it and snif it? It cetainly doesn't contain stolen property, which is what the warrant stipulated they were looking for. Can they take it under a presumption that it might be an illegal controlled substance, or are they required to request a second warrant before they can legally use this as evidence of a crime?
Plain sight.
Posted on 3/12/15 at 10:02 am to HubbaBubba
A. No
B. Yes
Enjoy jail.
B. Yes
Enjoy jail.
Posted on 3/12/15 at 10:02 am to HubbaBubba
quote:
Whether it's your home or car, if police want to search your property they require a search warrant. S
lulz
Posted on 3/12/15 at 10:04 am to HubbaBubba
quote:
They didn't find what they were looking for, but did find a bag of weed in the kid's room and they took it for testing. So far, no arrests, but they expect a knock on the door at anytime. Since this was not what the warrant was written to search for, is the siezed weed legal evidence or not?
The police were legally allowed to be there per the warrant, so whatever they found that was illegal is fair game.
Similarly, say I searched your residence for an illegally possessed animal, like an alligator, and in the course of executing the warrant found drugs or drug paraphernalia, you can be arrested/charged for the drugs bc I, the cop, was legally allowed to be in your house.
Posted on 3/12/15 at 10:09 am to HubbaBubba
Lots of ways to search a house or car without a warrant.
Posted on 3/12/15 at 10:10 am to LNCHBOX
quote:
B. if a warrant is issued to search for evidence of say, the presence of stolen property, and during the search, they spot a bag of green leafy "spices". They don't know if it's weed, but they are suspicious it might be. It might be bag of oregano. Can they open it and snif it? It cetainly doesn't contain stolen property, which is what the warrant stipulated they were looking for. Can they take it under a presumption that it might be an illegal controlled substance, or are they required to request a second warrant before they can legally use this as evidence of a crime?
Plain sight.
It's a little more tricky than that. If they were looking for a stolen Tuba from the band hall, and they were opening bedside drawers in the search, there might be a suppression issue.
If it was sitting out for the world to see, then the kid might have a problem.
There isn't enough info here to speak in more than generalities though.
Posted on 3/12/15 at 10:11 am to HubbaBubba
The weed is inadmissible in court. Been there, done that.
They will say they are coming back with a warrant for the drugs, but as long as a consent to search for narcotics was not signed they have no case. I have seen cops take ounces out of a house and no charges were even filed.
I have seen a judge refuse charges for pills found in a similar manner.
They will say they are coming back with a warrant for the drugs, but as long as a consent to search for narcotics was not signed they have no case. I have seen cops take ounces out of a house and no charges were even filed.
I have seen a judge refuse charges for pills found in a similar manner.
Posted on 3/12/15 at 10:12 am to biglego
quote:
A. No
B. Yes
Enjoy jail.
A. I'd never heard that you were entitled to legal representation during a search, so was curious since he said that he wanted his attorney present.
B. okay
Nice thought, but I haven't touched the stuff in the last 25 years.
Posted on 3/12/15 at 10:12 am to Napoleon
You must be the one smoking all that weed if you think any of that is true.
Posted on 3/12/15 at 10:14 am to FalseProphet
quote:
It's a little more tricky than that. If they were looking for a stolen Tuba from the band hall, and they were opening bedside drawers in the search, there might be a suppression issue.
If it was sitting out for the world to see, then the kid might have a problem.
There isn't enough info here to speak in more than generalities though.
I don't know enough. It was supposedly some laboratory instrument, so it likely could fit in a drawer, which is probably where they found the weed.
Posted on 3/12/15 at 10:19 am to HubbaBubba
Based on VERY limited experience:
No, at least not with the FBI. If you show up as counsel, they will threaten you with obstruction of justice.
I think when it comes to evidence that might disappear, such as down a toilet, they have greater leeway.
That's about all I know.
quote:
A. Are there rights to have legal representation present during the course of the search, and if so, can you demand the search can't begin until you have a legal representative present (within a reasonable time) to accompany the police during the search?
No, at least not with the FBI. If you show up as counsel, they will threaten you with obstruction of justice.
I think when it comes to evidence that might disappear, such as down a toilet, they have greater leeway.
That's about all I know.
Posted on 3/12/15 at 10:24 am to brass2mouth
quote:
The police were legally allowed to be there per the warrant, so whatever they found that was illegal is fair game.
Similarly, say I searched your residence for an illegally possessed animal, like an alligator, and in the course of executing the warrant found drugs or drug paraphernalia, you can be arrested/charged for the drugs bc I, the cop, was legally allowed to be in your house
No, if the drugs weren't listed on the warrant or in plain sight, that's inadmissible evidence.
Posted on 3/12/15 at 10:26 am to TigerintheNO
quote:
No, if the drugs weren't listed on the warrant or in plain sight, that's inadmissible evidence.
That's incorrect. An officer is allowed to search all areas where the item could reasonably be. For instance, if I am looking for a TV, I can't go through drawers. However, if I am looking for a gun and find drugs in a drawer, it is 100% a legal obtainment of contraband.
Posted on 3/12/15 at 10:27 am to TigerintheNO
That's not entirely true. Plain sight generally just means it was visible in an area they were allowed to search.
If they were looking for a gun in a murder, opened a drawer where the gun could be, and then saw drugs, that prosecutor is likely going win any motion to suppress.
ETA: I was too slow for toosleaux.
If they were looking for a gun in a murder, opened a drawer where the gun could be, and then saw drugs, that prosecutor is likely going win any motion to suppress.
ETA: I was too slow for toosleaux.
This post was edited on 3/12/15 at 10:28 am
Posted on 3/12/15 at 10:27 am to HubbaBubba
quote:
Something of value went missing. School admins were convinced he had it
I would be more concerned with this reputation
Posted on 3/12/15 at 10:29 am to FalseProphet
I misread I thought the police were looking for a tuba, and found the drugs in a drawer
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