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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 11-01-2004, 05:04 PM
thewordqueen
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property unlawfully searched


What is the name of your state?TX
My brother parked his car at an apartment complex across the street from his house. The apartment owner took it upon himself to get into my brother's car "to see who it belonged to"... so the guy said. He found a drug pipe in the car and called the police so at this minute my brother sits in jail. Did the apartment owner have a right in the first place to just open the door to my brothers car?
  #2  
Old 11-01-2004, 07:31 PM
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Quote:
Originally Posted by thewordqueen
What is the name of your state?TX
My brother parked his car at an apartment complex across the street from his house. The apartment owner took it upon himself to get into my brother's car "to see who it belonged to"... so the guy said. He found a drug pipe in the car and called the police so at this minute my brother sits in jail. Did the apartment owner have a right in the first place to just open the door to my brothers car?
-from what you posted, the apartment mangager located a vehicle not belonging to any other tenants. Rather than tow the vehicel, it appears he chose to look in the vehicle to locate the owners information. Technically this is not a crime, due to no intent to steal and the fact that only the government can violate 4th amandment rights.

Personally, I would be more concerned with the fact that my brother was doing drugs and how to help him, than how he was caught.

Tyris
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  #3  
Old 11-02-2004, 10:54 AM
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I have the right to search any vehicle left on my property, whether I own it or not. The apartment owner has the same right.
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Old 11-02-2004, 02:59 PM
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Is suspect that your brother could call the police and report some kind of unlawful entry into his car ... but I doubt that they would do anything with it. And I can't imagine a DA prosecuting for it.

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