illegal search warrant????

What is the name of your state? ca.can cops search someone leaving my house for drugs ?than use found drugs as probable cause to obtain search warrant for my house?first off thanx 2 all that replied ok folks heres the story a friend of mine was walking out of my house and got about 6 feet from my front door cops were allready there acting on a c.i.s statement then one cop started q,ing my friend and another knocked on door and i ans,d he stated he had info that there was drug activity at my house and asked if they could search my house i then asked if they had a search warant he stated they did not meanwhile the cop asked if he could search my friend and i heard him also ask for a warant at that time another cop walked up behind him and patted him down felt something in his pocket pulled out a 30 rock asked where it came from my friend replied he brought it with him by this time cop i was talking to along with probation dept advised me they can search house due to my son was on prob and i let them surch all common areas and refused my b,room due to lok ondoor then cop that searched my friend came in and told other cops about his find then i was detained on my sofa 4. 2 hrs while he got warant and then found drugz gun scalez baggies then took me to jail and i am currently fighting it

[JETX]

"can cops search someone leaving my house for drugs ?"
*** Yes, as long as they have a justifiable cause.

"than use found drugs as probable cause to obtain search warrant for my house?"
*** Yes.

They need PC to search a person.
Its good PC for a search warrant if they know the drugs were not on that person before he went into the house. If they don't know they are going to need more before they can get a warrant that will hold up in court.

[JETX]

"Its good PC for a search warrant if they know the drugs were not on that person before he went into the house."
Not really true. All they need is for the person to say that he got the drugs from your house. That is probable cause (called an informant notice).

I wish you would tell us more! Did they use the drugs found on that person as probable cause for the search warrant for your house? Was the smell of reefer wafting under their noses when they were searching the person outside your house? What did the person tell them?

hmmbrdzz

If you have a person who says they got the drugs from the house and you couldn't testify to the fact that he didn't have them on his person before going into the house you are not going to find a magistrate or judge to find probable cause.
In front of that word informant you need another word, and that word is reliable.

[JETX]

I disagree. Back when I was an LEO, we had several cases where a suspect was stopped (with cause) leaving a property. When questioned, the suspect would admit (claim?) that he purchased the drugs at "Deeter's" and gave the location. That is sufficient to obtain a warrant... and there is no presumption that he is 'not' reliable.

Granted, this might be the 'accelerated' method of getting a warrant, but we did it that way numerous times in the 'big city'.

In fact, the original post doesn't provide enough information on the issuance of the warrant for anyone to answer with assurance of accuracy. The warrant could have been issued and served several days after the stop.

To much going through the Supreme Court on the reliability of informants for something like that to stand up in court. May have been enough at one time but I have been asked plenty of times how often this informant has given me reliable information.
You would just be setting yourself up to look silly in court.

[JETX]

Lets just say that we agree to disagree on this one.

JETX

I have served several warrants using someone that exited a property via foot or conveyance. All held up. One simple question. Where did you get the dope?
We have also conducted searches and obtained statements from the suspect that he received his supply from someone else. We have used that information for a valid search warrant. I liked those chain reactions.

[JETX]

hgrego: I agree.

Mere fact that illegal drugs seized from person exiting your house does not equal probable cause for police to obtain a search warrant. However, what likely happened is the individual who left your house and was pulled over told the police that he or she purchased the drugs from you. That plus additional factors such as but not limited to occupants prior record if any for drug possession and or sales, information from a confidential and reliable informant and information from other individuals likewise pulled over would equal probable cause. You need to have your attorney review the affidavit for the search warrant to see if it establishes enough probable cause to obtain a warrant. If the search warrant affidavit is lacking all the contraband should be suppressed.