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Started By
Message
re: Search warrant question.
Posted on 3/12/15 at 10:29 am to GrammarKnotsi
Posted on 3/12/15 at 10:29 am to GrammarKnotsi
He's a pot smoker. 
The school probably knows his reputation already.
The school probably knows his reputation already.
0
Posted on 3/12/15 at 10:30 am to HubbaBubba
A.
Yes
No
All depends on how the bag of weed was found
quote:
Are there rights to have legal representation present during the course of the search,
Yes
quote:
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
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?
All depends on how the bag of weed was found
Posted on 3/12/15 at 10:33 am to FalseProphet
quote:
Plain sight generally just means it was visible in an area they were allowed to search.
This.
I was too slow.
Posted on 3/12/15 at 10:42 am to Antonio Moss
I don't ave the facts, but playing Devil's advocate, they were looking for some expensive lab instrument. The size would fit in a drawer, but not in a cigar box. The cigar box is in the drawer (that could hold the instrument). The drawer is opened, but the cigar box isn't. What then?
Posted on 3/12/15 at 10:42 am to Antonio Moss
I have never dabbled in criminal stuff, but these cases always interest me. So much goes into whether or not the drugs are admissible.
Was the warrant valid? What did it say? What were they looking for? Where did they look? What kind of container was the weed in?
I imagine you could have some fun with these cases.
Was the warrant valid? What did it say? What were they looking for? Where did they look? What kind of container was the weed in?
I imagine you could have some fun with these cases.
Posted on 3/12/15 at 10:45 am to HubbaBubba
quote:
don't ave the facts, but playing Devil's advocate, they were looking for some expensive lab instrument. The size would fit in a drawer, but not in a cigar box. The cigar box is in the drawer (that could hold the instrument). The drawer is opened, but the cigar box isn't. What then?
Assuming you mean the weed is in the cigar box? I don't know the answer, but I think a strong argument could be made that they couldn't search the cigar box that couldn't reasonably hold the item. I'm thinking a smaller microscope would be a good example, and I think you could make a case. Just playing Devil's Advocate with you, though, because it interests me.
Posted on 3/12/15 at 10:55 am to FalseProphet
quote:
Assuming you mean the weed is in the cigar box? I don't know the answer, but I think a strong argument could be made that they couldn't search the cigar box that couldn't reasonably hold the item.
Except that the cop is going to swear that he could smell the marijuana when the drawer was opened which then arguably rises to the level of probable cause. Unfortunately, that's not an unreasonable explanation.
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