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Police get a search warrant for defendant's house that includes "all vehicles belonging to or in control of defendant". Affidavit doesn't describe any vehicles, only home. When warrant is executed, a doper friend happens to be there. They search "under the scope of the warrant" doper friends car (literally registered to doper friend) parked out front and find lots of dope and charge him. (no consent). No way, right???? | ||
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Member |
No way - UNLESS plain view or smell. | |||
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Member |
thanks. caselaw seems to suggest that MAYBE if the vehicle that isn't described in the affidavit at least belongs to the person listed in the search warrant......MAYBE. but I didn't get the feeling that they were too excited about the idea of searching a vehicle neither described in the affidavit, nor belonging to the named "searchee". just wanted to see if anyone thought differently. | |||
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