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Illegal search?

 
 
Reply Mon 18 Mar, 2013 02:35 pm
On Monday police arrive at a residence in another county and recover a stolen tractor they found using GPS. The suspect is arrested and taken to jail. The next day deputies from county the suspect was arrested in returned and asked the other person living there if they could look around the property. The person said yes and the deputies found other stolen items. The deputies reason for returning the next day and looking around was because " it seemed suspicious that the person would have these items". Items that you can find in 98% on people's property in this country. There was no list of property taken and other items have been found to be missing.
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Type: Question • Score: 0 • Views: 778 • Replies: 10
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jespah
 
  2  
Reply Mon 18 Mar, 2013 02:41 pm
@scout34g,
This search was consented to.

Next time - say, "I want to see a warrant first," and call a lawyer while you wait.
Ragman
 
  1  
Reply Mon 18 Mar, 2013 02:54 pm
@scout34g,
In which country? USA?
0 Replies
 
scout34g
 
  1  
Reply Mon 18 Mar, 2013 02:57 pm
@jespah,
If the deputies were so certain that the items didn't belong there, why return the next day when they knew the second party could not refuse a search because they knew he was still in jail, and they had plenty of time to get a warrant. They had over 36 hours but said they just had and idea. " it just seemed suspicious" is what they said.
These are not uncommon items, everyone has them, EVERYONE
jespah
 
  1  
Reply Mon 18 Mar, 2013 03:18 pm
@scout34g,
The second party did not have to say yes. I think a lot of people do not realize this.
0 Replies
 
roger
 
  1  
Reply Mon 18 Mar, 2013 03:29 pm
@jespah,
Can just anyone consent to a search? I mean, I can't just up and sell my neighbor's car, even if I do happen to be leaning on it when a prospective buyer walks up.
jespah
 
  1  
Reply Mon 18 Mar, 2013 03:49 pm
@roger,
4th Amendment law is tangled and tricky as joefromchicago and Ticomaya will attest.

Some of the consent has to do with ownership and control, but I'm afraid I haven't kept up with it. Still, saying no and making police get a warrant is a lot better than saying yes, hoping that the person who consented didn't have any authority, and then arguing that.
scout34g
 
  1  
Reply Mon 18 Mar, 2013 03:54 pm
@jespah,
If the deputies were so sure that other things they saw were stolen, why wait 36 hours and especially if they were within arms reach of the items the day before?
The deputies exact words " it just seemed suspicious"
Ragman
 
  1  
Reply Mon 18 Mar, 2013 04:30 pm
@scout34g,
But the other items were stolen, correct?
scout34g
 
  1  
Reply Mon 18 Mar, 2013 04:32 pm
@Ragman,
They say they were but the officer that did the report was too lazy to enter the serial numbers into the system. 8 months earlier that's what I was told
0 Replies
 
Bryantcarter
 
  0  
Reply Fri 22 Mar, 2013 01:36 am
Which country do you want to search illegal for getting information.
0 Replies
 
 

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