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Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
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  #1  
Old 09-15-2003, 09:34 PM
clementsdarin
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Angry

can a crime outside a residence be a reason to search inside the home without warrant


What is the name of your state? MO
during an arrest, the police enetered my home to "gather evidence". while in my house they discovered drug paraphinalia, and a small amount of marijuana. now my problem with this is there was no crime that occured in my house, it occured outside my house while in my house they went through my entire house into my bedroom and lifted and poked through drawers. again without a warrant and against my wishes as i have a large dog and couldnt guarantee their safety without me being there to keep her calm. so basically my question is was the search warranted under probable cause?
  #2  
Old 09-16-2003, 01:54 AM
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what was the initial arrest for?
  #3  
Old 09-16-2003, 08:58 AM
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"was the search warranted under probable cause?"
*** IF the officers had reason to believe that additional evidence was inside the house and they were incidental to the arrest(s), yes.
__________________
There are at least 17 lawsuits (!!) pending in various courts, including the US Supreme Court, asking if Obama is a natural born citizen (as req'd by Art II, Sec 1 of the US Constitution).

Why has he spent over $1.35M in legal fees to block disclosure... rather than spend $12 for a VALID birth cert to settle the matter? The 'certificate' he has presented doesn't qualify to get a drivers license, wouldn't allow a child to qualify for Little League, or for a real citizen to get a US passport!
  #4  
Old 09-16-2003, 07:08 PM
clementsdarin
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there was no reasonable cause, in my opinion, for them to go inside the residence. all evidence connected with the original charge was outside and no physical damage was inside.
  #5  
Old 09-16-2003, 08:29 PM
coosi
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what was the initial arrest for?
  #6  
Old 09-16-2003, 09:27 PM
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Join Date: Mar 2001
Location: Raleigh, near Central Prison
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during an arrest, the police enetered my home to "gather evidence".

##During an arrest of who? An outsider or a resident of the premises?

while in my house they discovered drug paraphinalia, and a small amount of marijuana.

#Small by your terms means how many ounces/lbs.?

now my problem with this is there was no crime that occured in my house, it occured outside my house while in my house they went through my entire house into my bedroom and lifted and poked through drawers. again without a warrant and against my wishes as i have a large dog and couldnt guarantee their safety without me being there to keep her calm.

#They didn't break your door down. You let them in, or you could have let the dog out, right?

so basically my question is was the search warranted under probable cause?

#Your story is full of holes. You can't justify the illegal material, so why aren't you telling the whole story?
  #7  
Old 09-17-2003, 08:21 AM
clementsdarin
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what does it matter if the illegal substance can be justified? an illegal search is an illegal search is it not?
  #8  
Old 09-17-2003, 10:19 AM
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Clementsdrain:
Since you seem reluctant or unable to answer the questions needed to determine the facts of your situation.... and thereby prevent any accurate responses by this forum, I would suggest that you raise these issues with your defense attorney and he/she can best advise you on the legalities of the search.
Thank you.....
__________________
There are at least 17 lawsuits (!!) pending in various courts, including the US Supreme Court, asking if Obama is a natural born citizen (as req'd by Art II, Sec 1 of the US Constitution).

Why has he spent over $1.35M in legal fees to block disclosure... rather than spend $12 for a VALID birth cert to settle the matter? The 'certificate' he has presented doesn't qualify to get a drivers license, wouldn't allow a child to qualify for Little League, or for a real citizen to get a US passport!
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