|
Anonymous #1
|
police getting a search warrant
#19242088 - 12/07/13 06:26 PM (10 years, 1 month ago) |
|
|
Is it enough reason for the police to get a search warrant if they arrested someone to be in possession of a felony-class drug?
What if a person had a scale and a small amount of some illegal research chemical?
I've been curious about this.
|
Enlil
OTD God-King




Registered: 08/16/03
Posts: 65,505
Loc: Uncanny Valley
|
Re: police getting a search warrant [Re: Anonymous #1]
#19242989 - 12/07/13 10:57 PM (10 years, 1 month ago) |
|
|
Without more, those aren't enough to search the home. There has to be some evidence supporting a theory that drugs are being stored in the home or that evidence will be found there.
-------------------- Censoring opposing views since 2014. Ask an Attorney Fuck the Amish
|
Alan Rockefeller
Mycologist

Registered: 03/10/07
Posts: 48,276
Last seen: 9 hours, 38 minutes
|
Re: police getting a search warrant [Re: Anonymous #1]
#19255141 - 12/10/13 12:19 PM (10 years, 1 month ago) |
|
|
I think it's common in the UK to search the homes of people busted with drugs. Not so common in the US, unless the amounts are large.
If you have a large amount, it would be reasonable to think that you might have more at home. How hard they push for that depends on the cops that you get.
|
lighthouse09
Stranger thats mr. stranger



Registered: 03/16/13
Posts: 699
|
|
yes it is in the u.s. to i have seen it twice a good freind of mine had a gram but since it was a gram evn they decide to search his apt. took his weed and money in the same room not even by the weed he was selling he lost like a grand and qp all because he had a gram even in his pocket wtf right?
--------------------
<--This fuckin guy
|
LateForTheFuture
Old Hand



Registered: 02/24/03
Posts: 845
|
Re: police getting a search warrant [Re: Anonymous #1]
#19259421 - 12/11/13 10:13 AM (10 years, 1 month ago) |
|
|
Quote:
Anonymous said: Is it enough reason for the police to get a search warrant if they arrested someone to be in possession of a felony-class drug?
What if a person had a scale and a small amount of some illegal research chemical?
I've been curious about this.
My honest answer to that is that if the prosecutor is so inclined, he'll at least try; whether he'll succeed in getting it is entirely dependent upon the judge.
|
Vitalux
Stranger from the next universe



Registered: 02/15/11
Posts: 2,695
Loc: Canada
|
Re: police getting a search warrant [Re: Enlil]
#19267157 - 12/12/13 06:31 PM (10 years, 1 month ago) |
|
|
Quote:
Enlil said: Without more, those aren't enough to search the home. There has to be some evidence supporting a theory that drugs are being stored in the home or that evidence will be found there.
My guess is that it depends on the will of the judge and the cop confidence in the judge to know if he asks, he shall receive a search warrant.
If justice was indeed fair in USA, than no matter what judge you stood before, in all states, you would receive the same sentence for any given crime.....but we know it is not so.
|
Enlil
OTD God-King




Registered: 08/16/03
Posts: 65,505
Loc: Uncanny Valley
|
Re: police getting a search warrant [Re: Vitalux] 2
#19267298 - 12/12/13 06:59 PM (10 years, 1 month ago) |
|
|
That wouldn't be good at all. The whole point of the federal system is to allow states to choose their laws and the punishment for crimes. I don't see why every state should be required to make their laws the same as another state.
-------------------- Censoring opposing views since 2014. Ask an Attorney Fuck the Amish
|
Vitalux
Stranger from the next universe



Registered: 02/15/11
Posts: 2,695
Loc: Canada
|
Re: police getting a search warrant [Re: Enlil]
#19270513 - 12/13/13 12:18 PM (10 years, 1 month ago) |
|
|
Quote:
Enlil said: That wouldn't be good at all. The whole point of the federal system is to allow states to choose their laws and the punishment for crimes. I don't see why every state should be required to make their laws the same as another state.
My statement I make is that the flaw of the justice system is that it is not equal.
In a perfect system, a man changed with a crime would receive the exact same sentence no matter which judge he appeared before.
Therefore, with regards to a search warrant.
In one region or district a judge might feel that the accused be deprived of his civil/ human rights, while in another region another judge may protect the accused rights.
By the way my friend, I do understand that I am discussing a situation that is observable but difficult to remedy.
It therefore creates a certain state of unpredictability in most legal matters due to differences in reality.
|
Enlil
OTD God-King




Registered: 08/16/03
Posts: 65,505
Loc: Uncanny Valley
|
Re: police getting a search warrant [Re: Vitalux]
#19270580 - 12/13/13 12:35 PM (10 years, 1 month ago) |
|
|
At the federal level, they tried to fix the problem by creating mandatory sentencing guidelines. Those guidelines were ruled unconstitutional insofar as they were mandatory...so they're now just advisory. Having said that, the federal system is far more consistent from judge to judge than most state systems.
Where I used to work, one could typically expect probation for a first offense possession w/intent to distribute. One county south, he'd be looking at 1-2 years in prison.
I agree it's fucked.
-------------------- Censoring opposing views since 2014. Ask an Attorney Fuck the Amish
|
CidneyIndole
www.shroomery.OG



Registered: 05/16/05
Posts: 4,761
Loc: Love's Secret Domain
|
Re: police getting a search warrant [Re: Vitalux]
#19274177 - 12/14/13 10:55 AM (10 years, 1 month ago) |
|
|
Quote:
sloantbone said: In a perfect system, a man changed with a crime would receive the exact same sentence no matter which judge he appeared before.
HELL NO! Mandatory sentencing is bullshit, too.
Criminal cases, like people, are not necessarily cookie-cutter and easy to judge. Sometimes, in the name of fairness and true justice other factors need to be taken into consideration when sentencing.
I agree that our "justice" system is deeply flawed. But mandatory sentencing is one of those flaws, not a positive feature. A good judge should have the leeway to... I don't know.... use their judgement in sentencing.
Of course, giving a judge too much power would be a bad thing too. Making "good" a very key word in my previous statement.
-------------------- ------------------------ I am me. We are You.
|
|