Search warrent question

[Dr. JK]

Let's say you live in an apartment building with 30 floors (lots of apartments) and the police have a search warrent for the whole building cause they looking for a missing person.

If they find stuff like gear or other things irrelevent to the search warrent (missing person), can they seize it and arrest you?

 

[Atomic Punk]

I doubt it. I'm not familiar with Canadian Law, but in the USA items to be searched for have to be listed on a search warrent. Now, in the case of searching for a missing person, let's say they search your place, right? You keep your drugs(whatever they are), in a lockbox in your bedroom drawer. The Cops go onto the box, and find the drugs. NO WAY(in my opinion) will that ever hold up in court(although you'd probably still get arrested for it-of course), since there is obviously no way any missing person would be hiding in a fucking 6"X9" lockbox.

I'll give you another example. The search the cops perform on you even before you are arrested(lets say at a traffic stop, and they suspect you of being under the influence or something)is called a TERRY SEACH, which gets its' name from Terry vs. Ohio(I think) which is(was) a precident-setting case. These searches are, by law, designed for the safety of the officer, and are a simple pat-down search to determine if the person being restrained is carrying any type of object, weapon, or whatever, that might endanger the officer in question. There was a local case here about 10 years back, where a local cop found a crack rock in a cigarette pack while doing one of these searches. It made it to preliminary hearing ONLY, and the search was thrown out because it went OUTSIDE THE LIMITS of what would be reasonably construed as a weapons search. In closing, the Judge said, that there was obviosly not going to be a handgun, and knife, or pretty much anything that could harm the officer in ther pack of cigarettes. The officer took the search too far. I dunno, maybe that helps.

 

[Dr. JK]

Thanks for the reply AP.

So basically if I understand correctly, they can arrest you but not seize the items?? I don't quite get it. Can they use whatever they see against you, even though it's not on the search warrent?

Now if the cops come in and see gear sitting around in plain view does that change the situation?

 

[Atomic Punk]

Thanks for the reply AP.

So basically if I understand correctly, they can arrest you but not seize the items?? I don't quite get it. Can they use whatever they see against you, even though it's not on the search warrent?

Now if the cops come in and see gear sitting around in plain view does that change the situation?

The can arrest you, and they will seize the items. When it goes to court though, you will undoubtedly have a compelling arguement, if the search went beyond its stated perameters. Read the examples I gave again bro. Now, if the situation you are stating, is that they were looking for a missing person, then came in your place(or whomevers place) and saw shit in plain view, then whomever owns that place is going to get charged with it, and will have to prove it isnt theirs. If they are the only resident there, then that will be tough, unless you know someone lined up ready to accept blame.

Plain view is plain view. If the Cops have the right to get through the door, then ANYTHING in plain view can & will be seized, and if you are the only resident there, you are gonna get tagged with whatever those items are(were). Plain view can even get the cops through the door LEGALLY(in the USA) WITHOUT ANY WARRENT. Let's say they knock at your door to ask you questions about your crack-smoking neighbor, and right there "in plain view" on the kitchen counter(which is easily seen through the front door), the cops see a a giant bag of what apears to be marijuana, as well as an marijuana-esque odor pretruding from under the door. That's technically enough to get into your house right there WITHOUT ANY WARRENT. It's called "probable cause" I believe. That's the way it is in the States anyhow. No clue about Canada.

 

[[email protected]]

Let's say you live in an apartment building with 30 floors (lots of apartments) and the police have a search warrent for the whole building cause they looking for a missing person.

You can not issue a warrant on an entire building. They arrested me on one of these and all of the evidence was thrown out. They searched 3 apartments on one warrant that only listed the building address. They have to list each apartment independently with probable cause.

but in the USA items to be searched for have to be listed on a search warrent. Now, in the case of searching for a missing person, let's say they search your place, right? You keep your drugs(whatever they are), in a lockbox in your bedroom drawer.

With exception to plain view they can not look in a small box for a person. You know what I mean?

 

[Atomic Punk]

You can not issue a warrant on an entire building. They arrested me on one of these and all of the evidence was thrown out. They searched 3 apartments on one warrant that only listed the building address. They have to list each apartment independently with probable cause.



With exception to plain view they can not look in a small box for a person. You know what I mean?

Maybe you oughtta read everything I said before responding next time. Know what IIIIIIIIIIIII mean???

 

[[email protected]]

Maybe you oughtta read everything I said before responding next time. Know what IIIIIIIIIIIII mean???

OK I am lost... Where did I lose my direction on this? Let me remind you that I only slept 4 hours last night!

 

[Dr. JK]

I am clear on the plain view, but what if your gear is hidden in the closet. They come in looking for a person and open the close and boom a phamarcy.
Does that count he same as plain view?

Now what if the gear was in a small box, are they allowed to go through the box and nail you? The argument is that a person cannot be hidden in a small box.


BUMP

 

[Atomic Punk]

I am clear on the plain view, but what if your gear is hidden in the closet. They come in looking for a person and open the close and boom a phamarcy.
Does that count he same as plain view?

Now what if the gear was in a small box, are they allowed to go through the box and nail you? The argument is that a person cannot be hidden in a small box.


BUMP

If they have a Warrant, then they have the absolute right to look inside a closet bro. If the shit is just strewn about inside, then they are within their warrants perameters guidelines if they seize it, and you would certainly be arrested. If the gear was in a small box(and I believe I already said this in my initial post) and the warrent is for a person, then OBVIOUSLY that goes beyong the perameters of the search, since noone would be able to hide there, right?!