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FleshCap
FleshCap



Registered: 11/10/08
Posts: 685
Loc: Cali Underground
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Does getting busted away from home give authorities the right to search your house?
#10653449 - 07/10/09 02:46 PM (14 years, 10 months ago) |
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Does getting busted away from home give the authorities the right to search your house? This is a serious question to consider especially when dealing with substances such as psychedelics. Allow me to paint a scenario to better illustrate my question:
- Four people eating mushrooms in the desert are busted for being under the influence as well as possession.
- All four are taken into custody.
Do the police have the right to search the homes of the individuals in custody?
I have known individuals to get busted for over an ounce of marijuana in their car, and their place of residence was never searched. Still, I always wondered if the police just elected not to conduct a search, or was there some sort of law prohibiting the search.
Any legal insight or personal testimonies would be of great help in understanding the matter.
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DieCommie

Registered: 12/11/03
Posts: 29,258
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Re: Does getting busted away from home give authorities the right to search your house? [Re: FleshCap]
#10653544 - 07/10/09 03:07 PM (14 years, 10 months ago) |
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If they can convince a judge to give them a warrant.
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FleshCap
FleshCap



Registered: 11/10/08
Posts: 685
Loc: Cali Underground
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Re: Does getting busted away from home give authorities the right to search your house? [Re: DieCommie]
#10653735 - 07/10/09 03:57 PM (14 years, 10 months ago) |
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I see. That makes sense. If you've been found to be in possession, then a judge is likely to issue a warrant to search your house if one is requested by the police.
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Seuss
Error: divide byzero



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Re: Does getting busted away from home give authorities the right to search your house? [Re: FleshCap]
#10654128 - 07/10/09 05:30 PM (14 years, 10 months ago) |
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> If you've been found to be in possession, then a judge is likely to issue a warrant to search your house if one is requested by the police.
Usually not, but it completely depends upon the judge (and what the people arrested said that might self-incriminate). Most judges will put a pretty high burden upon police before allowing a search of a home. However, some judges are self-righteous, born again, anti-drug sorts that care less about the constitution and more about policing morals. If one of the four admits that mushrooms were being grown in the home, then all bets are off.
-------------------- Just another spore in the wind.
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Stonehenge
Alt Center

Registered: 06/20/04
Posts: 14,850
Loc: S.E.
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Re: Does getting busted away from home give authorities the right to search your house? [Re: Seuss]
#10659819 - 07/11/09 06:44 PM (14 years, 10 months ago) |
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Seuss said it ^. It's not automatic but they can often get a warrant for drug use. Other categories that usually or always get a warrant issued are counterfeiting, possession of stolen goods or even fake label goods. Receiving any sort of contraband in the mail will usually do it too. An arrest on any serious charge will do it too. Threatening the president, looking at kiddie porn, murder, rape, breaking and entering etc.
The school officials who groped those girls got off scott free but if they were caught looking at photos, they'd be in big trouble.
-------------------- “A democracy cannot exist as a permanent form of government. It can only exist until the voters discover that they can vote themselves largesse from the public treasury. From that moment on, the majority always votes for the candidates promising the most benefits from the public treasury with the result that a democracy always collapses over loose fiscal policy, always followed by a dictatorship.” (attributed to Alexis de Tocqueville political philosopher Circa 1835) Trade list http://www.shroomery.org/forums/showflat.php/Number/18047755
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FleshCap
FleshCap



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Re: Does getting busted away from home give authorities the right to search your house? [Re: Stonehenge]
#10666937 - 07/13/09 01:03 AM (14 years, 10 months ago) |
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Almost makes you want to "clean" out your house before going out, just in case you get busted...you don't want them to have anything to come find.
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fastfred
Old Hand



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Re: Does getting busted away from home give authorities the right to search your house? [Re: FleshCap]
#10675940 - 07/14/09 03:20 PM (14 years, 10 months ago) |
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The law is that they have to have probable cause that drugs are in your house. For that they need specific and credible knowledge of where the drugs are located.
Being busted does not give them that probable cause. It does not give them cause to believe that you have drugs at your house nor is there any specific or credible source to indicate that.
You could always run into a rougue judge or have compounding factors that lead them to believe there are drugs in your house. However, most judges don't issue decisions that are likely to be overturned on appeal, even if they are hell-bent on jailing every druggie in the country.
For example, if someone goes to the cops and tells them that you frequently use drugs and they think you have some in your house, that is not enough to get a warrant. If they have actually seen drugs in your house and can testify when and where you had or have them, then that is enough for a warrant.
So, only rarely, under certain circumstances can they get a warrant just because you got busted on the street.
-FF
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Stonehenge
Alt Center

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Posts: 14,850
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Re: Does getting busted away from home give authorities the right to search your house? [Re: fastfred]
#10676062 - 07/14/09 03:40 PM (14 years, 10 months ago) |
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It does not take a rogue judge to issue a warrant. If you get caught with drugs and the da wants to search your home, he will probably get the warrant. Thats just how it works. Now someone will tell me that's wrong based on their years of experience no doubt.
-------------------- “A democracy cannot exist as a permanent form of government. It can only exist until the voters discover that they can vote themselves largesse from the public treasury. From that moment on, the majority always votes for the candidates promising the most benefits from the public treasury with the result that a democracy always collapses over loose fiscal policy, always followed by a dictatorship.” (attributed to Alexis de Tocqueville political philosopher Circa 1835) Trade list http://www.shroomery.org/forums/showflat.php/Number/18047755
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PsychoReactive
.


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Posts: 2,563
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Re: Does getting busted away from home give authorities the right to search your house? [Re: Stonehenge]
#10676404 - 07/14/09 04:49 PM (14 years, 10 months ago) |
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The cops can search a house easily. They must apply for a warrant but any reason will do: suspected of holding stolen goods at the property (to support drug habit), keeping drugs on premises (if they think you are selling or been caught with a lot of drugs)... or any other reason.
The important thing here is, if you are a shady character according to the law, then hide your drugs or any other crap that the cops may bust you for. If you get busted for a minor thing and they come back to your place and find some drugs or fake IDs, then your case will get blown out of proportion. Why? because you were lazy not to hide that stuff.
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mr.bixby
Routine waxes cold


Registered: 03/14/08
Posts: 1,246
Loc: The West is the Best
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Re: Does getting busted away from home give authorities the right to search your house? [Re: PsychoReactive]
#10676616 - 07/14/09 05:19 PM (14 years, 10 months ago) |
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I would think maybe if you were in a small populated town and area they might but in a city for a possession charge I highly doubt it. Sometimes I look at my hometown county jail list they publish daily after doing a prisoner count and roll call and there is so many I would assume that there is no way in hell they are going to go search all their places for something like that, maybe getting caught with a large dealing amount, but not for that. Personally I'd only worry about that if I was on probation or parole and then got caught.
-------------------- finality [faɪˈnælɪtɪ] n pl -ties 1. the condition or quality of being final or settled; conclusiveness. 2. a final or conclusive act Long live the Shroomery and I'm done with it.
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Stonehenge
Alt Center

Registered: 06/20/04
Posts: 14,850
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Re: Does getting busted away from home give authorities the right to search your house? [Re: mr.bixby]
#10676822 - 07/14/09 05:45 PM (14 years, 10 months ago) |
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They don't do it in every case because they don't have the manpower. Good point there. But to say they can't do it or never do it is wrong. If the cops can get you to say something they can twist around then it's more likely they will search your home. Just say nothing. But i don't recall the last time they had a bust for counterfeiting, stolen goods, or drug sales and didn't do a search.
-------------------- “A democracy cannot exist as a permanent form of government. It can only exist until the voters discover that they can vote themselves largesse from the public treasury. From that moment on, the majority always votes for the candidates promising the most benefits from the public treasury with the result that a democracy always collapses over loose fiscal policy, always followed by a dictatorship.” (attributed to Alexis de Tocqueville political philosopher Circa 1835) Trade list http://www.shroomery.org/forums/showflat.php/Number/18047755
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fastfred
Old Hand



Registered: 05/17/04
Posts: 6,899
Loc: Dark side of the moon
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Re: Does getting busted away from home give authorities the right to search your house? [Re: mr.bixby]
#10676866 - 07/14/09 05:52 PM (14 years, 10 months ago) |
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You guys need to look up some case law before you start spouting off.
Drugs in possession is not enough to get a search warrant in most cases. If there's other facts in the case then often it can be the biggest part of the evidence for a warrant.
I've read cases where even though they knew there was drugs in a person's home at one point they had no evidence to support that more drugs were currently were there.
The first thing a judge will ask for a simple possession arrest is why the cop feels he has further reason to believe there are drugs at the house. There are plenty of good answers to that, but "Just because he had some on him," is not reason enough.
-FF
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SRHooM
Stranger



Registered: 07/05/09
Posts: 718
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Re: Does getting busted away from home give authorities the right to search your house? [Re: fastfred]
#10677295 - 07/14/09 06:58 PM (14 years, 10 months ago) |
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OH fuck that sucks..
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danielx
whatup!


Registered: 10/13/08
Posts: 6,500
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Re: Does getting busted away from home give authorities the right to search your house? [Re: fastfred]
#10678614 - 07/14/09 10:50 PM (14 years, 10 months ago) |
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Quote:
fastfred said: You guys need to look up some case law before you start spouting off.
Drugs in possession is not enough to get a search warrant in most cases. If there's other facts in the case then often it can be the biggest part of the evidence for a warrant.
I've read cases where even though they knew there was drugs in a person's home at one point they had no evidence to support that more drugs were currently were there.
The first thing a judge will ask for a simple possession arrest is why the cop feels he has further reason to believe there are drugs at the house. There are plenty of good answers to that, but "Just because he had some on him," is not reason enough.
-FF
yeah, but when was the last time the police did anything lawfully anyways? If they have any reason to believe you have anything worth while at home, they will make up any bullshit to get in.
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iluvfungi



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Re: Does getting busted away from home give authorities the right to search your house? [Re: SRHooM]
#10678624 - 07/14/09 10:51 PM (14 years, 10 months ago) |
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It is highly unlikely. Technically, unless you had possession to sell, I would see no logical reason for justification of a search. Being under the influence and possession gives no justification or warrant for a search. That would be invasion of privacy. Also this is highly unlikely given the motivation/funds/manpower of law enforcement.
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johnm214



Registered: 05/31/07
Posts: 17,582
Loc: Americas
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Re: Does getting busted away from home give authorities the right to search your house? [Re: fastfred]
#10682191 - 07/15/09 02:08 PM (14 years, 10 months ago) |
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Quote:
fastfred said: You guys need to look up some case law before you start spouting off.
Stonehenge has never, so far as anyone can tell, gave an opinion based at all on any sort of law whatsoever, so its probably not going to happen in this thread.
It seems to me we've got people just looking at the machinations of the justice system and failing to understand the proffered reasons for its actions, just say "they'll issue a warrant".
Fast Fred is correct, they need evidence that a crime or evidence of a crime will be found in the house, and they need that with particularity to whatever they are searching for and the location in which it will be found (what house, et cet).
If they don't have this info then the search may be suppressed.
The one thing I'd add is that people shouldn't focus on just the tangible evidence, as the original poster did in this case, but on all the evidence. Your past arrests and convictions are evidence. Your statements are evidence. Everything is.
The stupid shit you say is plenty to get a warrant in many cases, whereas it woudln't have been otherwise. If you "cooperate" and agree that you sometimes smoke a joint at home after work, boom, they can likely get a warrant. Doesn't have to be something serious.
If you are the rare person who shuts their damn mouth, you make it much harder for them to find something to point to, or to lie, and get a warrant.
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numonkei
Back! From thedigestive tractof dave theiguana!

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Re: Does getting busted away from home give authorities the right to search your house? [Re: johnm214]
#10682239 - 07/15/09 02:17 PM (14 years, 10 months ago) |
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Quote:
If you are the rare person who shuts their damn mouth, you make it much harder for them to find something to point to, or to lie, and get a warrant.
This is wishful thinking. So many feel strong in their abilities against incrimination, until they encounter the police. Many of us crack in that situation. Back when I was fifteen I cracked, only on myself, but still.
In retrospect, in recent times where I have encountered officers and been able to be simultaneously respectful and non self-incriminating, I'm very grateful for those early experiences with the law.
~Monk
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illuminati
Strange


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Re: Does getting busted away from home give authorities the right to search your house? [Re: fastfred]
#11995637 - 02/09/10 01:39 PM (14 years, 3 months ago) |
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Quote:
fastfred said:
For example, if someone goes to the cops and tells them that you frequently use drugs and they think you have some in your house, that is not enough to get a warrant.
-FF
I disagree
-------------------- I didn't get turned on I just got turned I wasn't as aroused as I was concerned for each one of 'em I've hurt and every time I've been burned I've got a lot to teach but even more to learn
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fastfred
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Re: Does getting busted away from home give authorities the right to search your house? [Re: illuminati]
#11999436 - 02/09/10 11:37 PM (14 years, 3 months ago) |
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Specific and credible evidence...
not "Dude smokes weed all the time"....
-------------------- It drinks the alcohol and abstains from the weed or else it gets the hose again. -Chemy The difference between the substances doesn't matter. This is a war on consciousness, on our right to the very essence of what we are. With no control over that, we have no need to speak of freedom or a free society. -fireseed "If we are going to have a war on marijuana, the least we can do is pull the sick and the dying off the battlefield." -Neal Levine (MPP) I find the whole "my drug should be legal but yours should be illegal" mindset disgusting and hypocritical. It's what George Bush and company do when they drink a cocktail and debate the best way to imprison marijuana users. -Diploid
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illuminati
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Re: Does getting busted away from home give authorities the right to search your house? [Re: fastfred]
#11999614 - 02/10/10 12:20 AM (14 years, 3 months ago) |
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I was making a reference to my situation
-------------------- I didn't get turned on I just got turned I wasn't as aroused as I was concerned for each one of 'em I've hurt and every time I've been burned I've got a lot to teach but even more to learn
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