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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 02-13-2005, 08:13 PM
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should the evedence be supprssed


What 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
  #2  
Old 02-14-2005, 06:45 AM
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Quote:
Originally Posted by seized dog
What 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
The function of a lawyer, defined:

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.
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  #3  
Old 02-14-2005, 07:19 AM
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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
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  #4  
Old 02-14-2005, 10:33 PM
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have the dog type its version of what happened. it may make more sense than what you typed.
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  #5  
Old 02-14-2005, 10:44 PM
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Posts: 853
Quote:
Originally Posted by seized dog
What 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
I believe this is the most compelling post for the anti drug movement.
  #6  
Old 02-14-2005, 11:21 PM
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Posts: 3

thanks for the reply


Quote:
Originally Posted by CdwJava
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
They Came in because the apartment downstairs had a water problem. the miantance person decieded to call the police because there was a dog in the apartment. the police entered into the apartment with maintance. there is a water shut off located outside of the apartment. there was no sign of water or water damage inside of my apartment. the police officer in the original probable cause affidavid decided to take the dog into the back bedroom. where he forced open a locked closet. the dog was not going to drowned and niether was the person downstairs
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