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Unfolding Nature Shop: Unfolding Nature: Being in the Implicate Order

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Invisiblemastabruce
The Duke
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Registered: 10/18/08
Posts: 148
Security/Trespassing Question
    #12457446 - 04/26/10 12:25 AM (14 years, 26 days ago)

If someone trespasses on your property, finds incriminating material, and tells the police, what could happen?


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InvisibleLateForTheFuture
Old Hand
I'm a teapot User Gallery


Registered: 02/24/03
Posts: 845
Re: Security/Trespassing Question [Re: mastabruce]
    #12457685 - 04/26/10 01:25 AM (14 years, 26 days ago)

It's all completely subjective to:

The state you're in, what they find, why they're on your property, how "incriminating" the material found is (circumstantial, etc), what "they" tell the police or what the police find...

That's extremely broad. Are you getting at something? Be more specific.

There is a lot that could happen, depending on the circumstances, and what's found, and why "they'd" want to tell the police.........

And based on the fact that they may be "trespassing" and what was found could technically be "illegally" discovered based on that fact, maybe nothing could happen! I don't really know, what you're asking is EXTREMELY broad.

Good luck..

LFTF

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OfflineAlan RockefellerM
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Registered: 03/10/07
Posts: 48,392
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Re: Security/Trespassing Question [Re: mastabruce]
    #12457930 - 04/26/10 02:50 AM (14 years, 26 days ago)

Quote:

If someone trespasses on your property, finds incriminating material, and tells the police, what could happen?




You will get raided and it will be very difficult to fight in court.

Even if they break into your house, see something illegal, and tell the police - you are fucked.

Quote:

And based on the fact that they may be "trespassing" and what was found could technically be "illegally" discovered based on that fact, maybe nothing could happen!




If the cops are doing the trespassing, then you can suppress the evidence and get off because they violated your rights.

But if a non-cop was doing the trespassing and reported it to a cop, there is no way to suppress the evidence because the 4th amendment protects you from the police, not from random people.

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InvisibleStonehenge
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Registered: 06/20/04
Posts: 14,850
Loc: S.E.
Re: Security/Trespassing Question [Re: Alan Rockefeller]
    #12461117 - 04/26/10 05:19 PM (14 years, 26 days ago)

Unfortunately allen is right. People can do illegal things and the cops can still use their testimony to get a search warrant or to arrest you. If they did it under the direction of the cops then it can be suppressed. If you can prove it.


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“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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Offlineilluminati
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Registered: 06/17/07
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Re: Security/Trespassing Question [Re: Stonehenge]
    #12491339 - 05/01/10 10:20 PM (14 years, 21 days ago)

I believe someone actually cited a case on another thread on here involving the USPS opening some package (obviously without a warrant), and they found some incriminating evidence and turned it into the police.  The evidence was then be admissible in court.


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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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OfflineAll We Perceive
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Registered: 09/24/07
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Re: Security/Trespassing Question [Re: illuminati]
    #12491937 - 05/02/10 01:30 AM (14 years, 20 days ago)

State v. Christensen, 244 Mont. 312  - this seems to be in consonance with most states.

Quote:


I. FACTUAL BACKGROUND

The facts in this case are not in dispute. On March 16, 2005, Noble and co-Defendant Todd Coleman rented an apartment. On June 12, 2005, their landlord, fearing that they had abandoned the premises, entered the apartment through a common access panel. Prior to doing so, he knocked on the front door, but no one answered. He made attempts to contact them, but to no avail. He did contact a neighbor who indicated that neither Noble nor Coleman had been seen in the last two weeks. He also noticed that the locks had been changed. Upon entering the apartment, he found cocaine residue, drug paraphernalia, a digital scale, two hand guns, and a letter from the Drug Enforcement Agency indicating it has seized $ 15,000.00 from Coleman.

The landlord contacted the Lorain Police Department. Records indicated that Noble had been arrested on March 11, 1997 for possession of crack cocaine and drug paraphernalia, and on August 21, 2002 for delivering cocaine before a controlled buy.

Based on this evidence,  [*5]  Detective Sergeant Albert Rivera, Lorain Police Department, applied for and obtained a search warrant for Noble's apartment. During the search, officers seized cocaine residue, two handguns, and various items that contained cocaine residue: a scale, a razor blade, plastic bags, and two glass jars.

It is undisputed that the lease prohibits the landlord, absent an emergency, from entering the premises without consent. (Defendant's Ex. B). It also undisputed that HN1Go to the description of this Headnote.Ohio law prohibits a landlord, absent an emergency, from entering a tenant's premises without prior notice, unless it is impracticable to do so. See O.R.C. § 5321.04(A)(8). Based on these facts, Noble argues that the landlord's entry into his apartment, and subsequent police search, was illegal. Thus, according to him, any evidence seized should be suppressed.

II. LAW AND ANALYSIS

The Fourth Amendment to the United States Constitution states that HN2Go to the description of this Headnote."the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated." U.S. Const. amend. IV. It is axiomatic that HN3Go to the description of this Headnote.the Fourth Amendment only proscribes governmental [*6]  action. See United States v. Lambert, 771 F.2d 83, 89 (6th Cir. 1985). Thus, searches conducted by private individuals, even if unreasonable, do not violate the Fourth Amendment. Id. Once a private search is conducted, "the government's subsequent use of the information obtained in the private search does not implicate the Fourth Amendment as long as the government's use does not exceed the scope of the private search." United States v. King, 55 F.3d 1193, 1196 (6th Cir. 1995). This is true even if the private party betrayed a confidence in providing information to the government. Id. In fact, even if the private search arguably violated state law, the government is entitled to employ the evidence uncovered in the search. See United States v. Bruce, 396 F.3d 697, 706 (6th Cir. 2005) (citing United States v. Nelson, 459 F.2d 884, 887 (6th Cir. 1972)), vacated on other grounds by United States v. Bruce, 405 F.3d 1034 (6th Cir. 2005).

However, if the private individual was acting as an agent of the government or with the participation or knowledge of any governmental official, the Fourth Amendment [*7]  is implicated. Lambert, 771 F.2d at 89. HN4Go to the description of this Headnote.In the Sixth Circuit, in order for a person to be deemed "acting as an agent of the government," two factors must be shown:

    First, the police must have instigated, encouraged or participated in the search. Second, the individual must have engaged in the search with the intent of assisting the police in their investigative efforts.

Id. Indeed, a private individual does not act as an agent of the government if "the intent of the private party conducting search is entirely independent of the government's intent to collect evidence for use in a criminal prosecution." United States v. Robinson, 390 F.3d 853, 872 (6th Cir. 2004). Here, there is no evidence that the police instigated, encourage, or participated in the search by the landlord. Also, it is undisputed that the landlord's intent upon entering the premises was to determine if they had been abandoned. Thus, the landlord was not acting as an agent of the government. Lambert, 771 F.2d at 89. Because the landlord was acting solely as a private individual, his search did not implicate the Fourth Amendment and the government [*8]  is free to use any evidence that was uncovered. Bruce, 396 F.3d at 706. 1




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"plus they atually think jambands are good or sumthing, so they clearly know absolutely nothing about music, clearly lol" -Bassfreak

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Unfolding Nature Shop: Unfolding Nature: Being in the Implicate Order


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