New Police Tactic!bros Read This!

[VTAT]

I know that they wouldnt be able to press chargers THEN...but wouldnt they be able to go get a warrent after observing the gear? Also, couldnt they confiscate it when they found it( of course they could just take it...)
Regardless, now they can have their eye on you.

No, a judge could not issue a valid warrent on the basis of information unconstitutionally obtained.

 

[fiatconspiracy]

the cops can do anything they want, they enter places all the time to obtain evidence and they use it to build a case, say they know you have a meth lab, so they dont waste there time they will break in and make sure you have the drugs, then they know it is worth their time to build a case against you ,,,,the cops are very dirty, like they can get information against you illegally and then question you and scare the hell out of you to scare you and then when you go home to throw the shit away, they bust you coming out of the house, you guys need to be way more carefull!! read some cases , you will be surprised....the cops are dirty....

 

[Wfabrizio]

The point is for the police to get their hands on you, scare you enough for you to cooperate and/or confess to your crimes. If you know any local dealers they would have you ratting them out too. The police are very good at getting people to talk by threatening them with imprisonment. By the time they were done with you it wouldn't even matter that they illegally searched your dwelling.

 

[NYStrip]

When i came home from work last night, there was a note on my door from my manager telling me the police had been in my house

I hope you had that MAG 58 well hidden. That would be a real heartbreaker to lose such a fine piece of equipment.

 

[1Banshee]

But, is it really unconstitutional??? If the police can articulate an immediate need to enter a residence due to some "emergency" or percieved emergency, and in the course of that entry discover illegal items, would this still be unconstitutional?? I seriously doubt it.. Now if the police entered the residence and actually searched it, that would be a completely different story. In this case say the AS was in plain site (bathroom counter, ect), could the police arrest, I believe the answer would be yes...
Police enter residences all the time to check "well fare", Alarms, ect. If your alarm goes off, the police will check the entry points of you residence for anything unlocked or signs of entry forced or other. If they find an unlocked door they will usually enter the residence check it and attempt to secure the door.
Anyway, the morale is do not ever leave anything in plain sight!!!!!!!!!!!!!!!!

 

[nuh_mizer]

hey nuh_mizer what happened to your friend and the cops coming in nd seeing the pot? did he get busted???

Yes, they busted him. But I don't know if they had to come back with a warrent to do it.

 

[Powerclean315]

Hey NY Strip, that is a Minimi or M249. The Mag 58's are chambered for 7.62X51. The M249 is 5.56.

Both are EXCELLENT systems though.

It is cool to see another gunnut on elite though.

Correct me if im wrong?

 

[assbeater]

cops can be bitches like that. a couple of nights ago me and my girl were driving around with this cop following us after about 3-4 minutes of following he decided to pull me over. he didn't tell me what he pulled me over for, he was more interested in seeing my liscence, asking where i came, why i was driving around, and whose wallet was in the back seat. oh ya, did i forget to mention that my girlfriend is black. so after he was done getting my info. i asked him why he pulled me over, he said he thought i was drinking because i was riding my brake (i was riding my brake because i was going down a hill!), then he told me how he can pull anyone over anytime he wants to. what a bitch, i'd love to meet him in a bar without the badge and gun on and then see what kind of power trip he can pull on me then!

anyways, just goes to show how fuckin' evil the police can be!

 

[acneman]

ok heres the deal

phone company computers not your computer sometimes make 911 calls on accident and at random.
storms and rain can short switch boxes to make 911 calls sometimes disconnected lines make 911 calls sometimes an advanced type of phone can make 911 calls by itself
bottom line it happens

now heres the boys in blue they recieve the 911 they go to your house they enter your house (with or without permision because of the 911 call)

scenario 1 your there your gear is in plain sight on the table or on the sink, they recognize it they arrest you and take your shit. your fucked, why?
911 calls are all monitored and recorded by computer so the police can prove they acted on good faith responding to your residence even if you said "you cant come in" they have the right to look around and make sure no one is in danger, plain sight rule applies and the gear is admissible in court.

scenario 2 your not home gear is in plain sight the police enter your residence (however they did it manager let them in door unlocked window unlocked. remember O.J. they used evidence when they entered his place without warrant) police recognize your gear take it and leave to process a warrant for you at the station and arrest you later. your fucked, why? same thing good faith and plain sight your only option say your roomate girlfriend dog etc owned it and turn them in. probably wont work if you hold the lease and your girlfriend wont write you when your in jail. evidence is admisible

scenario 3 home not home dosent matter police enter find your gear in a drawer wrapped in socks , in toilet tank in zip lock bag etc. they conficate your gear and arrest you. your free. good faith applies plain sight not there, they cant resonably say looking for possible heartattack or domestic violence victim in toilet tank or drawer. what happens: you lose your gear your are charged but lawer gets you off, everybody knows your a juice head, local sources wont sell to you thinking your a police plant now, to save your ass, and you spend your days looking over your shoulder and god forbid a local source is busted cause youll probably get the blame

bottom line hide your gear well and dont worry if your not a distributer the cops probably dont care.

 

[nycdefender]

1Banshee, I think you misunderstood VTAT's post. The 911 call can certainly provide the police probable cause to enter the premises. Under the plain view doctrine, the following 3 factors must be present to seize an item in plain view:
1. Officers must be legally on premises (i.e. they cannot violate the 4th Amendment to get onto or inside of the premises);
2. Incriminating nature of object must be immediately apparent (police must have probable cause to believe the object is incriminating such as contraband, stolen property, or evidence of a crime); and
3. Officer must have lawful access to the object itself. For instance, if the police are strolling by the window of your house and see gear strewn about your apartment, the police may not immediately seize the items, because they do not have lawful access to your apartment. They'll have to go get a warrant.

VTAT is correct in saying that the police may not get a search warrant based on illegally obtained information. To clarify his point, if the police, in this case, went inside of the apartment and searched containers (i.e. items not in plain view), the police would not have a right to then go and get a warrant based upon their illegal observations. VTAT was not denying the plain view doctrine.

KNOW YOUR RIGHTS!!