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House thought abandoned, occupants on vacation, police enter and find marijuana.

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furlonium

Guest
What is the name of your state? Pennsylvania

Hi, first time poster here, glad I found the site - there seem to be a lot of intelligent people here, and I'm hoping some of you may be able to help me.

My girlfriend lives with her mother and stepfather about every other weekend, and she was on her way down here and her mother called her and told her this story:

Mother and stepfather were away for a few days in New Jersey, and had accidently left the front door a little bit open. The paper boy, after seeing the door this way for a few days and noticing nobody home, called the police in good faith thinking somebody might be hurt and/or missing.

The police came, saw that the door was unlocked and open partially, and entered and (I suppose) looked around for people (mother and stepfather). They found the plants of marijuana in a room that the stepfather was growing.

They took the marijuana and ransacked the house.

My questions are: Did they have authority to take the weed and search the rest of the house? Could they have looked for people, saw the weed, then got a search warrant and come back and seized it as evidence?

I used to deliver newspapers for 3 years, and usually when people went on vacation, I got a notice and would hold their papers (called a vacation pack) and deliver when they got home. The only time I ever got worried was if the house I delivered to was occupied by an elderly man/woman. Even then, I would call their house, their neighbors, and the newspaper office before I would EVER think of calling the police.

Thoughts? Suggestions? They (mother and stepfather) are getting an attorney, but they first need to gather the money so I'm trying to get some information and help them out.

Thanks in advance.

-furlonium
 
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CdwJava

Senior Member
It was certainly valid for the police to have made entry to the home. However, to further "ransack" (I presume you meant, "search") the residence they would have likely needed a warrant. However, there ARE several exceptions to the warrant requirement and whether this fit one of those circumstances is just too difficult to say without knowing the police side of it.

The likely scenario would be to discover the marijuana, secure the residence (make sure nobody is inside and that there are no dangers - exploves, gas, chmicals, etc.), then seek a warrant.

And, maybe they DID have a warrant that nobody has yet heard about.

They WILL need an attorney. And until they get one, they are not going to know what the police have in the way of evidence or justification.

- Carl
 
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furlonium

Guest
CdwJava said:
It was certainly valid for the police to have made entry to the home. However, to further "ransack" (I presume you meant, "search") the residence they would have likely needed a warrant. However, there ARE several exceptions to the warrant requirement and whether this fit one of those circumstances is just too difficult to say without knowing the police side of it.

The likely scenario would be to discover the marijuana, secure the residence (make sure nobody is inside and that there are no dangers - exploves, gas, chmicals, etc.), then seek a warrant.

And, maybe they DID have a warrant that nobody has yet heard about.

They WILL need an attorney. And until they get one, they are not going to know what the police have in the way of evidence or justification.

- Carl
Thanks for the reply. I didn't mean the term 'ransack' in a condescending manner towards the officers or anybody else. Just a poor choice of words. My girlfriend is staying with me for a couple days so I will know more once she gets here.

Thank you for the speedy reply. :)
 

HomeGuru

Senior Member
furlonium said:
Thanks for the reply. I didn't mean the term 'ransack' in a condescending manner towards the officers or anybody else. Just a poor choice of words. My girlfriend is staying with me for a couple days so I will know more once she gets here.

Thank you for the speedy reply. :)
**A: you do not have the full and complete story. Please post when you have all the facts.
 
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furlonium

Guest
Question

CDWJava said:
However, there ARE several exceptions to the warrant requirement and whether this fit one of those circumstances is just too difficult to say without knowing the police side of it.
Can you tell me some of the exceptions?
 
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furlonium

Guest
HomeGuru said:
**A: you do not have the full and complete story. Plese post when you have all the facts.

Will do. Thanks again guys.
 

Bravo8

Member
Exceptions to warrant requirement include:

Consent

Emergency (such as to prevent the destruction of evidence, escape of suspect, or danger to people)

Plain View (as in the case of the cops seeing the dope when they checked the house for occupants)

Vehicle exception (which doesn't apply here, so I won't expand on this one)

Search incident to arrest (you can be searched absent a warrant if physically arrested for a crime)

Inventory Search (generally used when impounding vehicles)
 

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