question on home search

[tackelberry]

If an officer has a warrent for your arrest and he enters your home and makes the arrest in the back bedroom and he see in what they call plain view drug paraphenilia lying around, can he search the entire bedrooom without your consent to search. this is a debate that me and my friend have been having and i say yes that a officer has the right giving that he has a valid reason to be in a mans home with warrent in hand and drug paraphenilia is in plain view.

 

[I AM ALWAYS LIABLE]

If an officer has a warrent for your arrest and he enters your home and makes the arrest in the back bedroom and he see in what they call plain view drug paraphenilia lying around, can he search the entire bedrooom without your consent to search. this is a debate that me and my friend have been having and i say yes that a officer has the right giving that he has a valid reason to be in a mans home with warrent in hand and drug paraphenilia is in plain view.

My response:

The officer has a right to seize that which is illegal and "in plain view". Without a Search Warrant, however, the officer has no right to search enclosed areas; e.g., drawers, closets, under the bed, etc., or to employ extraordinary measures for such search; e.g., standing on tiptoes to see the top of a closet, or use a chair, etc. For those areas, a warrant is required.

IAAL

 

[tackelberry]

thanks

my friends next door neighbor went through this and he is a (pos) and i hope that the drugs they fount stick in court.