Any law buffs here? Quite the close call!!!!

[Skaterdude]

But they were searching for evidence that would incriminate the ROOMATE. If they found such evidence in DOUG'S room, they could still use the evidence against Doug's roomate because his rights were not violated, Doug's were and the roomate would not have standing to challenge the search. The exclusionary rule only give the remedy of exclusion of evidence to the person whose rights were violated.

Im not sure that totaly true, because if anyones rights were violated any evidence becomes "fruit from a rotting tree"

I think.

 

[Slayer]

Im not sure that totaly true, because if anyones rights were violated any evidence becomes "fruit from a rotting tree"

I think.

It's true under the U.S. Constitution. But in my home state, our state constitution gives "automatic standing" to anyone to challenge an illegal search so long as the charge is some type of "possessory offense." So it can vary by state.

But under the U.S. Constitution a person can only challenge the search if he was the victim of the unlawful search, that is he had a proprietary or possessory interest in either the premises searched or the property seized
Jones v. United States, 362 U.S. 257, 260-261, 80 S.Ct. 725, 730- 731, 4 L.Ed.2d 697 (1960).

And the "fruit of the poisonous tree" principle doesn't come into play until you first have standing to challenge the search.

 

[Popichulo]

In the recent supreme court ruling Georgia vs. Ross the Supreme court of the United States upheld the ruling of the Georgia supreme court. Ruling that co-habitants of a dwelling i.e. husband-wife, boyfriend girlfriend, roomates etc. CANNOT give police permission to search the premises without consent of the other person living there. Any evidence found in such a search is unlawful. However if the police had a warrent everything is moot. Although the warrent must have listed speciffacially what evedience was being searched after.

Correct my good man, the contents of the search warrant is what they can lawfully search for if they did happen upon your stash of gear it would be inadmissable in court due to it not being listed in the contents of the search warrant.

 

[Slayer]

Correct my good man, the contents of the search warrant is what they can lawfully search for if they did happen upon your stash of gear it would be inadmissable in court due to it not being listed in the contents of the search warrant.

If they were conducting a legal search pursuant to a warrant, and during the course of the legal search came across illegal contraband in "plain view", the plain view doctrine allows them to seize that contraband even though it was not listed in the warrant. But, using the example i gave above, if the warrant authorizes them to search for a stolen television set, and they find dbol in a closed aspirin bottle and seized the dbol, that would be illegal because looking in an asparin bottle for a television set obviously goes beyond the scope of the warrant.

And search warrants can be challenged after the fact. But it is an uphill battle.

 

[brooklynheight]

Only the net where some punk ass bitch like you would EVER say anything like that to me.

And your little bitch ass is an expert"like the rest of us" because you watch ' law & order.'

You are a fucking joke! You actually believe your smart. Your input was not only stupid as fuck, it was the kind of post that can only come from a tv watching kid.
How do you have a life when you've been here for little over a year or so and have 8,000 + posts? How do you do that and live a life.

You're wanna be little fucking shit! You know jack shit about body building & anything else.

why dont u relax tuff guy

 

[Popichulo]

Only the net where some punk ass bitch like you would EVER say anything like that to me.

And your little bitch ass is an expert"like the rest of us" because you watch ' law & order.'

You are a fucking joke! You actually believe your smart. Your input was not only stupid as fuck, it was the kind of post that can only come from a tv watching kid.
How do you have a life when you've been here for little over a year or so and have 8,000 + posts? How do you do that and live a life.

You're wanna be little fucking shit! You know jack shit about body building & anything else.

Hey EZStreet take it EZ!!!!!!!!!!! DO you honestly believe that he meant that seriously? If so then im sorry to say but you are the dumbass not Mranak. Talk about taking things too seriously.

 

[Trevdog]

Crap, after reading all the posts above, I really have nothing much to add. The 4th amendment protects us against "unreasonable" searches and seizures. The "exclusionary rule" says that evidence that was the fruit of an unreasonable search is inadmissible in court. I think Slayer already explained the "plain view" exception to the exclusionary rule pretty well. Basically, if law enforcement sees contraband in a place where they have a right to be, it can come into evidence.

I would guess that the warrant covers the entire home that you live in. If so, the cops could look for evidence of the alleged rape anywhere where it might be found within that home. If they found contraband while doing so, you'd be in a world of shit.

 

[Perfection Awaits]

Moved to the appropriate forum...

 

[Perfection Awaits]

cant anyone say they r raped? Thats BS man...

 

[Slayer]

cant anyone say they r raped? Thats BS man...

I want to rape your avatar.

(If that is your real GF, no offense intended)

 

[D.Fitzwell]

Correct my good man, the contents of the search warrant is what they can lawfully search for if they did happen upon your stash of gear it would be inadmissable in court due to it not being listed in the contents of the search warrant.

This is true...the articles listed in the warrant are what they can search for, however like slayer said, the don't have to ignore the other illegal things they come across during their search. Only if the scope of the search changes, ie. they are now searching for gear instead of evidence from the rape, then the constitutionality of the search comes into question.

 

[Insane_Man]

I want to rape your avatar.

(If that is your real GF, no offense intended)

That's my gf. Fuck off.

 

[Slayer]

That's my gf. Fuck off.

In your dreams.

 

[BigRonWannabee]

Thanks for the info fellas, cant wait to move the hell outa here.

 

[Blacktip]

See another dumb as fuck post.

co-sign

 

[Blacktip]

I watch Law and Order as well and if they did find your stuff, any charges would be dropped with a motion to dismiss because your stuff was not in the context of the search warrant.

Absolutely correct

 

[Blacktip]

Only the net where some punk ass bitch like you would EVER say anything like that to me.

And your little bitch ass is an expert"like the rest of us" because you watch ' law & order.'

You are a fucking joke! You actually believe your smart. Your input was not only stupid as fuck, it was the kind of post that can only come from a tv watching kid.
How do you have a life when you've been here for little over a year or so and have 8,000 + posts? How do you do that and live a life.

You're wanna be little fucking shit! You know jack shit about body building & anything else.

There is a lot of truth to this.

 

[Lifting_To_Failure1]

Not as on subject as the other posts...but I assume they were looking for condom wrappers of his in your drawers!?

 

[RJ]

Yeah there's a lot of truth. The whole truth!
He's been here for 23 months and a few days. 8,178 post comes out around to about 12 a day.

So... he probably lives at home with mommy & daddy. Cause even if he is a sit on his ass desk jockey, he would've been fired.
Then all of this research to reply to every post ever created. Plus add in all his vast television experience.... Oh and he works out like a madman. Can't forget that.
Maybe just maybe he has a full gym in his home allowing him more access. Thuys giving him more time to multi post.
But if not how does he have time to support himself, post all his bullshit(12/post/ a few days he doesn't post so possible double that amount on some weeks).
Tell me how Mr. Know-it-all has any kind of life even if he lived and breathed working out?.. You either talk or do! Can't be both!!!
Don't worry , I have the answer: HE DOESN'T!!! It wouldn't be possible.
Therefore, by logical deduction we have to conclude he is a little geek,living at home, supported by his parents who sits around on the net(probably jacking off when not posting here who probably smells like rotting semen) and pretends to live the life. A life he has read about.

i think you need a valium man. Say it with me...

Serenity now....

Serenity now....

 

[khalnayak]

Yeah there's a lot of truth. The whole truth!
He's been here for 23 months and a few days. 8,178 post comes out around to about 12 a day.

So... he probably lives at home with mommy & daddy. Cause even if he is a sit on his ass desk jockey, he would've been fired.
Then all of this research to reply to every post ever created. Plus add in all his vast television experience.... Oh and he works out like a madman. Can't forget that.
Maybe just maybe he has a full gym in his home allowing him more access. Thuys giving him more time to multi post.
But if not how does he have time to support himself, post all his bullshit(12/post/ a few days he doesn't post so possible double that amount on some weeks).
Tell me how Mr. Know-it-all has any kind of life even if he lived and breathed working out?.. You either talk or do! Can't be both!!!
Don't worry , I have the answer: HE DOESN'T!!! It wouldn't be possible.
Therefore, by logical deduction we have to conclude he is a little geek,living at home, supported by his parents who sits around on the net(probably jacking off when not posting here who probably smells like rotting semen) and pretends to live the life. A life he has read about.

Hey EZ,why are you so obsessed with mranak?Who cares whether he has a life or not.All i know is he has contributed more to this board than you.Who are you to say that someone cant have 8000 post in 23 months?

I still dont understand.Is this a gay jealousy thing?Dougoe posted a serious thread and not only you dont contribute anything,you hijack the thread and start flaming someone.

You wana talk shit go to the convo lounge and get your ass fucked with a broomstick there.Dont give this board a bad name by posting shit here.If you cant take it,simple,just FUCK OFF.