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New Police Tactic!bros Read This!
- Thread starter Warmachine
- Start date
Plain sight rule/ Fruits of the poisoned tree
YES there is a plain sight rule , if they enter your house for another reason and see a vioaltion without using OTHER means such as looking in drawers yadda yadda yadaa they can charge you with whatever violation is occuring in their presence. I dont think they could prove a violation without you being present to ascertain whether the stuff was legitimately prescribed. The rule regarding "fruits of the poisoned tree" states that evidence illegally obtained cannot be used in court.
If the police enter your house for another reason and feel it is needed they can look through the other parts of your house for their safety but this does not include looking through drawers and what not, unless you have immediate access to them, or you give them more suspicion.
Once a violation has been established they can search the areas in your immediate control( as in if you are in a vehicle) this is a search incidental to arrest.
Also remember it is all in how the officer articulates the events. They will generally not lose. Trust me.
YES there is a plain sight rule , if they enter your house for another reason and see a vioaltion without using OTHER means such as looking in drawers yadda yadda yadaa they can charge you with whatever violation is occuring in their presence. I dont think they could prove a violation without you being present to ascertain whether the stuff was legitimately prescribed. The rule regarding "fruits of the poisoned tree" states that evidence illegally obtained cannot be used in court.
If the police enter your house for another reason and feel it is needed they can look through the other parts of your house for their safety but this does not include looking through drawers and what not, unless you have immediate access to them, or you give them more suspicion.
Once a violation has been established they can search the areas in your immediate control( as in if you are in a vehicle) this is a search incidental to arrest.
Also remember it is all in how the officer articulates the events. They will generally not lose. Trust me.
LANDLORDS/ Managers...
CANNOT legally give the police consent to search a rented dwelling. This includes apartments, houses, hotel rooms, motel rooms etc. You are the only person who can give consent. A 911 call may be construed as exigent circumstances, however, thus allowing them access. The POLICE know this. If they were granted access by a manager or landlord without exigent circumstances anything obtained is fruits of the poisoned tree. Also the plain view doctrine covers PLAIN view, not peeking through cracks in blinds, using binos, infrared, etc.. It has to be what any normal passerby or entrant could openly see. this also excludes peeking over fenses etc.. NOW if your drapes are open then yes if they used unenhanced vision.
Get it? TRUST me the police only violate what you percieve to be your rights. OUR actual rights are still more of a hinderance than what you believe. I know a lot of cops. ALSO you have to be realistic, if one was not doping anything illegal then it would not be a problem to be inconvenienced every now and then for the greater good. WHAT should be in question is the LEGALLITY of many things. NOT to mention the whole mandatory sentencing crock. There is a lot of stuff like AS that is rediculuosly controlled, BUT, only a meth addict will preach the benefits of a terrible substance like meth.
CANNOT legally give the police consent to search a rented dwelling. This includes apartments, houses, hotel rooms, motel rooms etc. You are the only person who can give consent. A 911 call may be construed as exigent circumstances, however, thus allowing them access. The POLICE know this. If they were granted access by a manager or landlord without exigent circumstances anything obtained is fruits of the poisoned tree. Also the plain view doctrine covers PLAIN view, not peeking through cracks in blinds, using binos, infrared, etc.. It has to be what any normal passerby or entrant could openly see. this also excludes peeking over fenses etc.. NOW if your drapes are open then yes if they used unenhanced vision.
Get it? TRUST me the police only violate what you percieve to be your rights. OUR actual rights are still more of a hinderance than what you believe. I know a lot of cops. ALSO you have to be realistic, if one was not doping anything illegal then it would not be a problem to be inconvenienced every now and then for the greater good. WHAT should be in question is the LEGALLITY of many things. NOT to mention the whole mandatory sentencing crock. There is a lot of stuff like AS that is rediculuosly controlled, BUT, only a meth addict will preach the benefits of a terrible substance like meth.
Warmachine
New member
Thanks again for all the info guys, I swear i learn more shit here...
Two days after they came in, i got a call at 11pm. The only reason i answered it was because i thought it might be a girl
, no such luck it was this police liutenent. He said he just wanted to let me know that they had to come in my house, and he had no idea why that call was placed.
I dont know, its all pretty odd-I mean he called me at 11:00.
Oh well, i know im awfully suspicious and its probobly just odd out of place events...
Thanks again everybody for all the great help!
Two days after they came in, i got a call at 11pm. The only reason i answered it was because i thought it might be a girl
, no such luck it was this police liutenent. He said he just wanted to let me know that they had to come in my house, and he had no idea why that call was placed.I dont know, its all pretty odd-I mean he called me at 11:00.
Oh well, i know im awfully suspicious and its probobly just odd out of place events...
Thanks again everybody for all the great help!
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