Illegal Search And Seizure?

[Tim D]

My friend was arrested last night for posession of marijuana under 2.5 grams, and parafanalia(2 hitter pipes)

He is on probation battery for a year.
The police showed up at his house to serve him a paper from the hospital taking him to court over doctor bills. It was raining so the sherriff came inside the front door. He immediately said he smelled marijuana and started asking questions. Of course my friend denied it all. The cop asked if he could take a quick look around and he granted him permission. He did not realize the cop would be searching his house. after digging through just about every personal item he has, the cop came across a very small amount of marijuana and 2 hitter pipes. At this point the cop stopped and called in a dog and had a search warrant signed to search the house with the dog. They brung the dog and it didnt find anything else.

So far your probably thinking that hes completely screwed because he gave the cop permission to "look around" right

well see people the thing is, My friend does NOT rent, or OWN the house being searched in the first place. It is his uncles house and he lives with his uncle. DID the cops have the RIGHT to search the house with out the owners consent to search???
I may be wrong but i dont believe so. ALSO he was NOT read his maranda rights at ALL.

You guys are running a good site and any help would be sooooo dearly appreciated. Im sure there is some details i forgot to mention but if i think of any i will post them
thanks a lot everyone!!

he gave the cop permission.............thats all he/she needs

He granted him permission. Thats that. I would also imagine that an odor of weed would give him probable cause anyway.

Miranda does not have to be read to anyone unless qustioning begins as in Custodiay interrogation. Courts have pretty much ruled that in your home is not considered custodial.

He granted him permission. Thats that. I would also imagine that an odor of weed would give him probable cause anyway.

Miranda does not have to be read to anyone unless qustioning begins as in Custodiay interrogation. Courts have pretty much ruled that in your home is not considered custodial.


Meant to say custodial interrogation.

Smelled marijuana = reasonable suspicion

Consent = right to search.

Smelled marijuana = reasonable suspicion

Consent = right to search.

Ignore this moron. He is just trying to create a fictitious situation to bring out what he incorrectly believes is some form of Police misconduct. WE know the actions are articulable and legal, let dummy hire an attorney to learn on his own.

My friend was arrested last night for posession of marijuana under 2.5 grams, and parafanalia(2 hitter pipes)

He is on probation battery for a year.
The police showed up at his house to serve him a paper from the hospital taking him to court over doctor bills. It was raining so the sherriff came inside the front door. He immediately said he smelled marijuana and started asking questions. Of course my friend denied it all. The cop asked if he could take a quick look around and he granted him permission. He did not realize the cop would be searching his house. after digging through just about every personal item he has, the cop came across a very small amount of marijuana and 2 hitter pipes. At this point the cop stopped and called in a dog and had a search warrant signed to search the house with the dog. They brung the dog and it didnt find anything else.

So far your probably thinking that hes completely screwed because he gave the cop permission to "look around" right

well see people the thing is, My friend does NOT rent, or OWN the house being searched in the first place. It is his uncles house and he lives with his uncle. DID the cops have the RIGHT to search the house with out the owners consent to search???
I may be wrong but i dont believe so. ALSO he was NOT read his maranda rights at ALL.

You guys are running a good site and any help would be sooooo dearly appreciated. Im sure there is some details i forgot to mention but if i think of any i will post them
thanks a lot everyone!!

This is such Bull Shit. Sheriffs in NY don't serve civil process for banks for non payment of bills. Nice try though, maybe in the ozarks where this moron is located this is the case.

Probation battery for a year? Where did this moron come up with "probation battery". We don't have a penal law charge of battery in NY. Nice try though troll have fun reading your murder mysteries for information to post here.

your friend is a loser and so are u to be hangin out with a loser. go play in traffic assh0le.

[2nd verse same as the 1st]

Same crap was posted last month. At least once a month some cop junkie posts a play scenario, each one more tricky than the last.
Its usually when the board dies down a little, and no ones ragging on the cops
Next thing you know ''someone'' chimes in on corrupt cops and civil rights blah blah blah
Give it a rest already, no ones buying it anymore

[you mean like this;]

1st time offender
Posted: Sun Feb 27, 2005 9:12 am






Joined: 27 Feb 2005
Posts: 2


Hello everyone,

A brief description of my situation....I was getting a ride from a friend to pick up my car from the car repair shop when we were pulled over for failing to use a blinker when the road merged from 2 lanes to one lane (even though we were not in the 'merge' lane.) While the driver was being asked for his license and I was asked for mine as well, the officer decided to check my friend and found drup paraphenalia on him. They asked me to step out and I voluntarily surrendered one joint that I had in my possesion prior to being searched. We were both charged with our possesion of drugs and released on the scene. It was my first and only offense or trouble with the law. My question has multiple parts the first being....

1. Should I get a lawyer to help get the charge reduced or is just being polite, prompt and well groomed be enough to keep from receiving the maximum penalty. This is my first offense and I have no prior record but I would like to keep my record that way.

2. I have a government job, should I approach my boss in advance of someone else telling her to inform her on my own instead of her possibly finding out anyway and thinking that I was trying to hide it from her? Or should I see if it even makes it in the blotter first and go from there?

3. Is it even worth pursuing the angle of being pulled over for no real reason? One note, I do understand that I have broken the law and anything that happens to me is my own fault for being stupid and making a poor decision to have the joint on me, but is it legal for the police to pull someone over for no good reason and search them without any real viable grounds for doing so?

Thank you for your time.



There was another lame ass one for a warrant search, in another persons home, where the perp never lived(HMMMMMM, kind of familiar?) but that one became a joke rather fast.

well see people the thing is, My friend does NOT rent, or OWN the house being searched in the first place. It is his uncles house and he lives with his uncle. DID the cops have the RIGHT to search the house with out the owners consent to search???
I may be wrong but i dont believe so. ALSO he was NOT read his maranda rights at ALL
You friend has destructive control of the house due to his rather tiny weiner, falling under the genetic crippling disease known as itsarathersmallmyopia.
Marinara rights are only read at a deaths door confession, usually by a druid in Latin.
Beause the k-9 is a canine familiaris and not a homo sapien there is the exclusionary habius cannibus law, section 1194 sub 3 of the real property law. This states any contraband excluded from section 1194 sub 1 is subject to forfeiture and not admissable at a nys safety hearing, unless acommpanied by a cps referral notorized in triplicate by a legal esquire.
I hope this helps

well see people the thing is, My friend does NOT rent, or OWN the house being searched in the first place. It is his uncles house and he lives with his uncle. DID the cops have the RIGHT to search the house with out the owners consent to search???
I may be wrong but i dont believe so. ALSO he was NOT read his maranda rights at ALL
You friend has destructive control of the house due to his rather tiny weiner, falling under the genetic crippling disease known as itsarathersmallmyopia.
Marinara rights are only read at a deaths door confession, usually by a druid in Latin.
Beause the k-9 is a canine familiaris and not a homo sapien there is the exclusionary habius cannibus law, section 1194 sub 3 of the real property law. This states any contraband excluded from section 1194 sub 1 is subject to forfeiture and not admissable at a nys safety hearing, unless acommpanied by a cps referral notorized in triplicate by a legal esquire.
I hope this helps

And this all runs along the same lines as the muffler bearing law.

[Priceless]

Quote:
well see people the thing is, My friend does NOT rent, or OWN the house being searched in the first place. It is his uncles house and he lives with his uncle. DID the cops have the RIGHT to search the house with out the owners consent to search???
I may be wrong but i dont believe so. ALSO he was NOT read his maranda rights at ALL

You friend has destructive control of the house due to his rather tiny weiner, falling under the genetic crippling disease known as itsarathersmallmyopia.
Marinara rights are only read at a deaths door confession, usually by a druid in Latin.
Beause the k-9 is a canine familiaris and not a homo sapien there is the exclusionary habius cannibus law, section 1194 sub 3 of the real property law. This states any contraband excluded from section 1194 sub 1 is subject to forfeiture and not admissable at a nys safety hearing, unless acommpanied by a cps referral notorized in triplicate by a legal esquire.
I hope this helps


That is hilarious

Because a judge said it was valid. There is a general presumption that unless the affidavit was intentionally falsified, that a warrant is valid when signed by a judge. In that affidavit presented to a judge the affiant supplies the information he/she believes sufficient to support the issuance of a warrant. if the officer wrote that the suspect put the address down once on a vehicle registration form, and the judge signed it, there is little that can be done. If the police said they did things that they did not do, then you might have a case.

You can consult local counsel, but a warrant generally trumps any compensation aside from reasonable replacement costs for damage to the property.

In some cases, a claim might be successful if an officer did not perform at least a minimal check to determine the veracity of the location with regard to the suspect, but this would be fact specific.

I'd been skeptical of your given name, figuring it
for a 'Net name, but was wrong, and recently got an
education to that effect worth sharing. Only the
spelling has changed a bit since olden times.

You have a famous namesake, King Hroar of the
Skjoldungs, contemporary of Beowulf (Bjovulf), son
of Halfdan and Sigridh, husband to Valthjona, she
who was daughter of that AEgthjof who was chief jarl
of the Goetaland. With his brother King Helgi, Hroar
co-ruled Denmark "back in the day" when great
*hairy* adventuring took place, the kind NetHack
mimics.

In case you haven't found it, you can read the
family story in Poul Anderson's quite excellent
fictionalization and threading together of the
fragmentary remaining writings, _Hrolf Kraki's
Saga_(*). Hroar was uncle to Hrolf, but gets a good
chunk of the novel in share with his brother.

In one of the original writings (but not here),
Anderson explains, the deeds usually attributed in
English versions to Beowulf are instead just more
things King Hroar did, making him a _very_ famous
namesake of yours, indeed.

There was another lame ass one for a warrant search, in another persons home, where the perp never lived(HMMMMMM, kind of familiar?) but that one became a joke rather fast
I remember that, it was pretty funny, but no where near as funny as this;You friend has destructive control of the house due to his rather tiny weiner, falling under the genetic crippling disease known as itsarathersmallmyopia.
Marinara rights are only read at a deaths door confession, usually by a druid in Latin.
Beause the k-9 is a canine familiaris and not a homo sapien there is the exclusionary habius cannibus law, section 1194 sub 3 of the real property law. This states any contraband excluded from section 1194 sub 1 is subject to forfeiture and not admissable at a nys safety hearing, unless acommpanied by a cps referral notorized in triplicate by a legal esquire.
I hope this helps
Whoever you are, I work in the 3rd pct, feel free to transfer there, we need officers like that.

Marinara rights are only read at a deaths door confession, usually by a druid in Latin.

What about instead of marinara you use a nice marsala instead?

[FinallyTheTruth]

Go away troll. "battery" Sounds like you watch too much Hill Street Blues....and what the hell is "Battery Probation" ... We all know you are just a troll, skell, lawsuit filing, dirt bag with a Wm.Floyd Highschool education. (no offense to people from that school) There's got to be another way to spend your time than to chime in on police issues. Do we chime in on your Burger King issues?