Legal Question: 4th Amendment

[1500]

That is right. But in the hypo, the officer was in her house for legitimate purposes. She gave him consent to enter. In the pot plant situation, they did not enter the building pursuant to a warrant or an exception to the warrant requirement.

Correct, I didnt read the first dude's entire situation, that is my fault But as you know, if the cop just saw lets say a pipe through the crack in the door in Angel's hypothetical situation. With or without consent, from whomever answered the door, he can boot the door and enter based on the fact that narcotics/paraphernalia could be easily destroyed. So many situations, so many different rulings, so little time

 

[Stefka]

The vehicle exception rule only applies to vehilces parked on the street, parking lot, public place, etc. It doesnt apply to vehilces parked at residences, private driveays, etc. A warrant is needed to search a vehcile in these circumstances. Police cant come onto the curtliage of someones property ie(domestic call), look inside a vehicle, see marijuana and then search it based on the vehilce exception rule. A warrant must be issued to search that vehicle. Courts have ruled that the exception rule does not apply in these situations. It can get very confusing. But you are obviously well informed,. For most Simply stated, dont commit crimes and you'll be just fine.

In her hypo she was "pulled over," so the automobile exception applies.

 

[1500]

In her hypo she was "pulled over," so the automobile exception applies.

I know, i know, i was just giving other examples to members who may think that their vehicle is at the mercy of the cops no matter where it is.

 

[Stefka]

I know, i know, i was just giving other examples to members who may think that their vehicle is at the mercy of the cops no matter where it is.

This thread is getting me all riled up. I have my Crim Pro exam tomorrow. What a ridiculous way to prepare. Someone, quick, ask me about Miranda!

 

[txbondsman]

OK, here's the situation. The cops are called to a traffic accident. Upon arriving at the scene, they notice a strong odor of marijuana coming from a house. They inspect the house from the outside while on the owner's property and notice a back door is open. They proceed to enter and find the motherload of pot. They then proceed to search the rest of the residence. No warrant has been obtained at this point.

The police chief claims that because the back door was open, the police had the right to enter under "special circumstances to secure the residence and inspect for violence".

I've never heard of any special circumstance allowing officers to enter a home "to secure it" because a door was open. You don't forfeit your 4th amendment rights by leaving your door open. Is the search legal? I say it's not. There was no consent from the resident, there were no exigent circumstances (nobody was even home), there was no warrant, and the police were not in "hot pursuit" of a suspect. Those are the only exceptions allowing a warrantless entry by the cops that I can find. Any lawyers on here that know otherwise?

once he smelled the pot, then found the stash, he'll always say, "I heard someone fighting/arguing/saw "what I thought" was blood, etc. No one can dispute what he "thought" he saw. Usually his partner will verify the story. That's their story and they'll stick to it....

 

[1500]

This thread is getting me all riled up. I have my Crim Pro exam tomorrow. What a ridiculous way to prepare. Someone, quick, ask me about Miranda!

handcuffed on the side of the road. Cop starts asking questions. you answer them, you are arrested based on those statements. Does miranda apply?

 

[1500]

once he smelled the pot, then found the stash, he'll always say, "I heard someone fighting/arguing/saw "what I thought" was blood, etc. No one can dispute what he "thought" he saw. Usually his partner will verify the story. That's their story and they'll stick to it....

exactly! its all in articulation.

 

[Stefka]

handcuffed on the side of the road. Cop starts asking questions. you answer them, you are arrested based on those statements. Does miranda apply?

For Miranda to apply, there has to be a custodial interrogation.
Pretty sure that if a reasonable person were handcuffed on the side of the road he wouldn't feel free to leave - so that is custodial.
Dont know enough about the questioning to know whether it was interrogation. To be interrogation, the questioning has to be such that it would cause a reasonable officer to believe that it was going to elicit an incriminating statement. Assuming he was asking such questions, and wasn't just asking if I thought it would rain (at which point I blurted out "yes, I did it! I killed my roommate!") then yes, Miranda applies.

 

[txbondsman]

handcuffed on the side of the road. Cop starts asking questions. you answer them, you are arrested based on those statements. Does miranda apply?

no, he's just doing an investigation. After your under arrest, then yes...

 

[Cutiebaby]

I feel like I am in school and should be learning some thing here!