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johnny green balls

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Now hold on a minute...Why arent Vicks lawyers saying that these charges are unconstitutional....

From the article:

The case began in April when authorities conducting a drug investigation of Vick's cousin raided a Surry County property owned by Vick and found dozens of dogs, some injured, and equipment commonly used in dogfighting.

And from Amendment 4 of the constitution...

Amendment IV

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

The article said the police had a warrant to search for drugs, not dogfighting equipment etc....

Just sayin.

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Now hold on a minute...Why arent Vicks lawyers saying that these charges are unconstitutional....

From the article:

And from Amendment 4 of the constitution...

The article said the police had a warrant to search for drugs, not dogfighting equipment etc....

Just sayin.

So your saying if the cops search a house looking for drugs and they find a murder scene, the cannot charge the owner with murder because they were supposed to be looking for drugs? I don't see where the constitution comes into play there, or in Vicks case.

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So your saying if the cops search a house looking for drugs and they find a murder scene, the cannot charge the owner with murder because they were supposed to be looking for drugs? I don't see where the constitution comes into play there, or in Vicks case.

read the bold section of amendmant 4... And the answer to your question is no, in that scenario police cannot charge the person or any other person of murder unless there is circumstancial evidence that the murder was somehow related to the objects they had a warrant to search for.

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read the bold section of amendmant 4... And the answer to your question is no, in that scenario police cannot charge the person or any other person of murder unless there is circumstancial evidence that the murder was somehow related to the objects they had a warrant to search for.

untrue. if cops come in your house because they think there is a gas leak and you have a mound of coke sitting out, you're screwed. if it's in plain view, you lose.

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untrue. if cops come in your house because they think there is a gas leak and you have a mound of coke sitting out, you're screwed. if it's in plain view, you lose.

Actually, it depends if you willingly let them enter your house or force them to get a warrant first...

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Actually, it depends if you willingly let them enter your house or force them to get a warrant first...

untrue. it's called, amazingly enough, the "plain view" doctrine. if cops are looking for a lost dog and you open the door and they see weed, they got you. if they have a warrant to search for dog fighting equipment and they find a human body, you're done. there are even cases where cops are chasing a suspect who runs into an apt that is not his. cops run in to catch him and see drugs in the apt. the inhabitants get nailed despite the fact that they were only caught because some ahole busted in their place evading the cops.

http://en.wikipedia.org/wiki/Plain_view_doctrine

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untrue. it's called, amazingly enough, the "plain view" doctrine. if cops are looking for a lost dog and you open the door and they see weed, they got you. if they have a warrant to search for dog fighting equipment and they find a human body, you're done. there are even cases where cops are chasing a suspect who runs into an apt that is not his. cops run in to catch him and see drugs in the apt. the inhabitants get nailed despite the fact that they were only caught becaue some ahole busted in their place evading the cops.

http://en.wikipedia.org/wiki/Plain_view_doctrine

Interesting because I did some research on my own (okay, just googled Plain View Doctrine) and found this from Law.com

plain view doctrine

n. the rule that a law enforcement officer may make a search and seizure without obtaining a search warrant if evidence of criminal activity or the product of a crime can be seen without entry or search. Example: a policeman stops a motorist for a minor traffic violation and can see in the car a pistol or a marijuana plant on the back seat, giving him "reasonable cause" to enter the vehicle to make a search.

Now, it doesnt say anything about if they entered a house with a warrant to find something else, but I highly doubt this evidence would have been found without entry or search.

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Interesting because I did some research on my own (okay, just googled Plain View Doctrine) and found this from Law.com

Yes but the point is there is no NEW entry or search... they are already legally inside of the home... what they see is fair game at that point...

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Interesting because I did some research on my own (okay, just googled Plain View Doctrine) and found this from Law.com

no entry or search related to the inadvertently found evidence. if they are there for a lawful purpose such as a traffic stop, executing a search warrant for another crime, or even looking in a broken window to see if there has been a break in and they see evidence of another crime, it's lawful. debate all you want, but i'm tellin ya, you're wrong on this one :)

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Now hold on a minute...Why arent Vicks lawyers saying that these charges are unconstitutional....

From the article:

And from Amendment 4 of the constitution...

The article said the police had a warrant to search for drugs, not dogfighting equipment etc....

Just sayin.

I defer to JGB on this. But I think this is how it works.

Just because they originally went in to search for drugs doesn't mean they ignore everything else. If they find a cache of weapons they don't ignore them. They get the judge to expand or issue a new warrant based on what they found. Therefore the search is not unconstitutional.

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I defer to JGB on this. But I think this is how it works.

Just because they originally went in to search for drugs doesn't mean they ignore everything else. If they find a cache of weapons they don't ignore them. They get the judge to expand or issue a new warrant based on what they found. Therefore the search is not unconstitutional.

i should start an online law school

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no entry or search related to the inadvertently found evidence. if they are there for a lawful purpose such as a traffic stop, executing a search warrant for another crime, or even looking in a broken window to see if there has been a break in and they see evidence of another crime, it's lawful. debate all you want, but i'm tellin ya, you're wrong on this one :)

Okay I believe you...:)

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