you guyss arent gunna believe this shit....

[bbkingpin]

this is college town we are talking about here so keep this in mind:

say cops come into a house for underage drinking, and see a few blunts laying around, does that give them permision to search an entire house. including locked safes which are like in the corner of a closet,of one person's which may happen to contain a few sustanon amps?

No. If it's in plain sight, they do not need a warrant. They cannot search locked safes because of a few blunts they stumbled upon unless someone consents. What they do is tell you to open it without telling you your consent is entirely voluntarily. Then they later tell the Judge you consented to the search. Who in their right mind would consent to a search if they knew the cops would find something illegal inside? Buy the book Legal Muscle by Rick Collins. It's a real book, not an e-book, and the writing and editing is first rate. You can also buy a book on Search and Seizure by West Publishing but it's written for lawyers and costs about $100. Rick Collins's book is written for laymen by a lawyer and costs a lot less and is much better done. (The West S&S handbook is merely a synopsis of all the US Supreme Court and Federal Appellate Court caselaw, whereas Rick's book is based on a lot of real world cases and situations.) Don't expect to get an accurate answer by a bunch of EF members who are not lawyers!

 

[X Man]

No. If it's in plain sight, they do not need a warrant. They cannot search locked safes because of a few blunts they stumbled upon unless someone consents. What they do is tell you to open it without telling you your consent is entirely voluntarily. Then they later tell the Judge you consented to the search. Who in their right mind would consent to a search if they knew the cops would find something illegal inside? Buy the book Legal Muscle by Rick Collins. It's a real book, not an e-book, and the writing and editing is first rate. You can also buy a book on Search and Seizure by West Publishing but it's written for lawyers and costs about $100. Rick Collins's book is written for laymen by a lawyer and costs a lot less and is much better done. (The West S&S handbook is merely a synopsis of all the US Supreme Court and Federal Appellate Court caselaw, whereas Rick's book is based on a lot of real world cases and situations.) Don't expect to get an accurate answer by a bunch of EF members who are not lawyers![/QUOTE


so if i have a locked safe in the corner of my room underneath my bed, they would need a warrant to open it or my consent?

 

[bbkingpin]

No. If it's in plain sight, they do not need a warrant. They cannot search locked safes because of a few blunts they stumbled upon unless someone consents. What they do is tell you to open it without telling you your consent is entirely voluntarily. Then they later tell the Judge you consented to the search. Who in their right mind would consent to a search if they knew the cops would find something illegal inside? Buy the book Legal Muscle by Rick Collins. It's a real book, not an e-book, and the writing and editing is first rate. You can also buy a book on Search and Seizure by West Publishing but it's written for lawyers and costs about $100. Rick Collins's book is written for laymen by a lawyer and costs a lot less and is much better done. (The West S&S handbook is merely a synopsis of all the US Supreme Court and Federal Appellate Court caselaw, whereas Rick's book is based on a lot of real world cases and situations.) Don't expect to get an accurate answer by a bunch of EF members who are not lawyers![/QUOTE


so if i have a locked safe in the corner of my room underneath my bed, they would need a warrant to open it or my consent?

Yes. Unless they have a warrant they have no business looking under your bed.

 

[X Man]

Yes. Unless they have a warrant they have no business looking under your bed.

and the fact that a blunt and beer bottles were on the table, does not give them freedom to search anything that isnt right in plain view in my room?

btw my room was locked and they didnt kick it down or nething, so obviously they werent going to enter my room because it was locked....


also do you think after what they saw, they would come back with a search warrant looking to search more of the house, despite the fact their first sweep came up with nothing but some paranfanillia

 

[ninesecz]

Dude 1 word........ PROBABLE CAUSE!!! Even if they open the door and smell marijuana they can bust down the door and once they doo they can search EVERYTHING!! They can look through the window and see it on the table then break down the door lie nd say they smelled it trust me I know all these laws because I in the past had too!! I know for a fact even they could take your dog if they hve probable cause that you bought the dog with money made by selling drugs!! No SHIt

 

[boops]

wow alot of good info in here and also alot of misinfo.....keep in mind laws are different in different states as well....i was in the police academy in PA and before i got into my current job i was second in the class grade wise (fuck that first test LMAO it was way too broad a topic sorry im still pissed)
in any event the underage drinking is a SUMMARY OFFENSE they kick your door in for that lmao whether they looked in the window and saw it or not they are in DEEP SHIT and a law suit should be forthcoming (on your part)...and ANYTHING found during that search is in admisible in court whether it was illegal or not

now if they were let in and things were in plain sight then you are in trouble as the guy that mentioned a protective sweep is quite correct...they can NOT open a locked safe under any circumstance in this case whatsoever without a search warrant listing EXACTLY where they are searching and what they BELIEVE to be in there.......

criminal justice BRIEFLY delves into policing and laws and what not but doesnt fully get into being a cop otherwise you wouldnt need the ACT 120 here in PA to become a cop...so while you may have taken CJ it doesnt mean you know everything in reference to policing...again states differ on some things as well and im commenting on what i know of PA which in your case may differ but here underage is a summary offense and really not that big of a deal in the broad range of laws.......so kicking down the door for that would be lawsuit city.....

good luck

 

[jerichohill]

I believe if its in plain site, and within the cops immediate area its searchable. But a locked safe should be off limits because it is of no harm to them and its not open. The best thing to do, and this is almost impossible in your situation is have every door shut and locked and tell the cops everyone with a room is a renter. That way they can only search openly what they witness as a crime, and would need a warrant for every room.

The next problem here is people siting Federal Law. Supreme Court rulings and such carry no weight to the average cop, at least most Supreme Court rulings. Yes some obvious rulings are paramount in everyday police duties, but for the most part local cops can ignore most Federal laws and Supreme Court rulings, theres just to many to keep track of and up to date on to follow. Heres what usually happens. A person gets searched, legally or illegally by a local cop. The cop finds something....bam you need a lawyer...bam your spending money to protect yourself, even though the search was illegal. The next thing you know the municipal judge finds you guilty. He does not care that you were searched illegally, you and your lawyer have the burden of proof. He issues you a fine, maybe probation, maybe jail time if it falls under local sentencing guidelines. OK you have already spent $$$$ thousands defending yourself, and now its up to your atty to appeal your conviction to a higher court. The state level courts then take a look at the charges or conviction, depending on how deep your pockets are to pay your atty and keep you out of jail, and then you might get your conviction overturned. If the state courts side with the local courts then, depending on how deep your pockets are you can appeal to a higher court on the grounds that your constitutional rights were violated. By this time you have spent umpteen thousands of dollars all beacause some local douchebag cop violated your constitutional rights. Can you see where Im going with this?? Cops know this stuff, and their job is to make you spend or lose as much money as possible regardless of what they did was right or wrong. Stupid people don't realize this, its all a money game..i.e. fines, probation, jail time, it all cost you money in the long run. All they have to say is I had reasonable suspicion and was protecting the safety of myself and my fellow officers.

The best thing to do is FLY under the RADAR! So you can save your money for another cycle!!!

L8R, J

 

[X Man]

so whut i am gathering is if the safe is locked and out of plain site.... and (i make sure that the cops know i at least somewhat know my shit) and tell the cops that they need a search warrant to search the safe
(if they do find it)


how long does it take for them to get a search warrant...?and they just happened to stumble upon it... so whut real suspicion is there, that there is something illegal in there

 

[boops]

so whut i am gathering is if the safe is locked and out of plain site.... and (i make sure that the cops know i at least somewhat know my shit) and tell the cops that they need a search warrant to search the safe
(if they do find it)


how long does it take for them to get a search warrant...?and they just happened to stumble upon it... so whut real suspicion is there, that there is something illegal in there

ok bud
here goes
they can get a search warrant rather quickly if they really want it, if its locked and out of plain sight they NEED the search warrant...if you have any doubt that they can get a warrant then either

A. get the shit out of there someway (not garbage cuz once it leaves the curtilage of your home its fair game and no warrant is needed)
B. get your attorney and say NOTHING to the cops NO MATTER WHAT (cuz they can do whatever they want to get a confession)
c. all of the above

good luck

 

[X Man]

ok bud
here goes
they can get a search warrant rather quickly if they really want it, if its locked and out of plain sight they NEED the search warrant...if you have any doubt that they can get a warrant then either

A. get the shit out of there someway (not garbage cuz once it leaves the curtilage of your home its fair game and no warrant is needed)
B. get your attorney and say NOTHING to the cops NO MATTER WHAT (cuz they can do whatever they want to get a confession)
c. all of the above

good luck

is it normal for them toget a search warrantt on a random search of a house in a random room where they happen to stumble upon a safe... its not like its feds whove been staking something out for months... im saying just local cops looking to bust some small time pot dealer or under age drinking party