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#1
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should the evedence be supprssedWhat is the name of your state?Indiana Can the police enter an apartment to succure a dog that under a specific lease has the right to be there. and that after the police entered the apartment based on the oficer smelling what he considered fresh marrijuana he conducted a search that forced open a locked closet door. the original probable cause affidavid mentions no other causes for the search. A second proble cause affidavid dated 2 months prior to the incedent( yes that is two months before) now mentions that the officer saw a pipe for smoking pot on the living room table and a book intilted "Marajuana the law and you". no search warrent was ever issued. I have found two U.S. supreme court cases that tend to say that this is an illeagle search. the proscuters office gave me a quick plea bargin and i have to decide to either fill a motion to suppress or accept the deal i feel it was an illeagel search looking for more back up information |
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#2
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| Quote:
1. If the evidence against you is weak, he challenges the evidence. 2. If the evidence against you is strong, he challenges the law. 3. If the evidence against you is overwhelming, he attacks the search.
__________________ The opinions herein above-made are expressly the product of personal experience and observation, in an open forum for discussion as to direction to an attorney. As with any possible legal cause, seek the advice of an attorney. Seek though, a qualified and competent attorney. "I beseech you to treasure up in your hearts these my parting words. Be ashamed to die until you have won some victory for humanity." -- Horace Mann |
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#3
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| Why did they come in? And who came in? The police? The police can enter the residence without a warrant under certain circumstances - one of which is if a crime is being committed. If they believed the dog was in danger, they may have been justified in making entry. But, without knowing more details, it is hard to say. - Carl
__________________ A Nor Cal Cop Sergeant "Make mine a double mocha ... And a croissant!" He Who Kneels Before God Can Stand Before Anyone ....author unknown |
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#4
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| have the dog type its version of what happened. it may make more sense than what you typed.
__________________ Cal Naughton, Jr.: I like to think of Jesus as a mischievous badger. |
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#5
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#6
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thanks for the replyQuote:
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