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caught with the dope

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I AM ALWAYS LIABLE

Senior Member
calatty said:
The search was completely illegal. Police need a warrant or your consent to enter your home and then to search it. VR, read the Fourth Amendment and learn some law before you give legal advice. ("The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.") If the police have probable cause, they have to go tell a magistrate and get a warrant. The problem is, the police will often lie and say they got your consent when they really didn't. That is why you need to see a copy of the police report and see what they say happened. Maybe your attorney knows something that you have not included, because it is the attorney's job to defend you, not to assist the police. You should consult another attorney, and not narc or plead guilty until the legality of the search is evaluated and/or litigated.


My response:

. . . and you'll notice that this idiot criminal never specifically said to us, or to the police, "No, you cannot search, and get out and don't come back without a warrant." He said EVERYTHING else, and "danced" around the "entry issue" and the "search issue", but NEVER specifically said, "No".

CalAtty, you give criminals too much credit, and you fall for their "spin" all the time. You can bet that our writer gave his permission to enter and search. Our writer sounds "smart" enough, that he could have SPECIFICALLY mentioned this 4th Amendment issue in his first post, he would have. Hell, he threw in everything but the "kitchen sink" in his first post.

IAAL
 
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