In the United States citizens are protected by the Fourth Amendment to the United States Constitution against unreasonable search and seizure. In most cases, a search warrant is required to perform a lawful search. An exception to this requirement is searches incident to a lawful arrest. This is also known as the Chimel Rule after the case that established it, Chimel v. California. This rule permits an officer to perform a warrantless search during or immediately after a lawful arrest. This search is limited to only the person arrested and the area immediately surrounding the person in which the person may gain possession of a weapon, in some way effect an escape, or destroy or hide evidence.[1]
GMT said:I dont like the sound of it to be honest. Ok , what was on the table in the main room is not admissable as they entered without a warrant during a time that there was no disturbance in progress. But once inside, you willingly showed them around your home, therefore the search was with your consent, and so the justification for a warrant was established when they saw plants, and they served the warrant before removing evidence. I think dropping out of the drug program may be a bad move, and just keeping youre head down and being cooperative may be your best bet now. Golden rule of course is never give consent to search the rest of your house. If they had anyway, then the justification for the warrant in the first place would be illegal and therefore the warrant illegal and therefore the evidence gained through it would not have been admissable. I suppose you could always claim that you did not give permission to search your basement. All depends on whats on statements already submitted. Anyway, wishing you good luck.
The cop found something illegal sitting in plain view, which WILL hold up in court as grounds to at least walk through the rest of the house. I ****ing guarantee it. Kind of like how refusing a search, and then having stuff revealed by a cop-dog will hold up.UnerSame said:he didn't show anybody around hi home or give consent to search. if you read his post, it says the cop told him to sit on the couch while he searched the house, he didn't ask if he could search he just did it. so i think the rest of what they found IS illegal since it wasn't in his reach and it was behind a closed door. that's an illegal search. then again im no lawyer, it could be legal to search when they think someone is in danger, i dunno