Member
| Just goes to show you can put anything on a ballot and someone will vote for it. (I checked the results and found all 100% of the votes favored "5"). Apparently there were no exigent circumstances, so you must rely on the validity of the warrant to justify the discovery of the marihuana. Apparently the judge found probable cause to search for marihuana, but failed to correctly state that finding in the warrant. Not sure what the warrant did authorize a search for. I guess I would argue that assuming something was named in the warrant as the object of the search and the officer manages to find marihuana in the process, he can act upon that discovery and make a warrantless arrest. If I am right, I guess that means a "high 5" for the State, which is where I assume your option comes from. |
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Member
| Did not your U S Supreme Court recently address a similar question in a most "not friendly to law enforcement" manner?? Better read this website more often cause the number "five" has some meaning even if not intended by the initial poster |
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