I live in lexington ky if that matters
2006-09-08 09:12:21 · 20 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
I live in lexington ky if that matters
i thought they can only search for what they SAY they're searching for and can't arrest you if they find something. I thought they CAN come back with a search warrant though, but can't arrest you on the spot? that's the rule of probable cause right? he was searching under false pretenses....?
2006-09-08 09:18:37 · update #1
btw they were just searching for a random guy in the neighborhood.. i was just being a good citizen, but what if like weed was laying out? That's what I'm asking about. I didn't get arrested but I am wanting to settle an argument. Seriously I'm pretty sure he can't arrest me for that. He CAN come back w/ a search warrant though, right? no way can he arrest me for something he didn't say he was going to search for. A case would be won against that right?
2006-09-08 09:20:52 · update #2
Yes he can if it's in plain view. He can not though if it was hidden inside a small box since he has no reason to look for a person hiding there.
2006-09-08 09:15:28 · answer #1 · answered by gettingmadtoday 5 · 0⤊ 0⤋
Of course they can arrest you, where did you ever get that idea.
If you allow them to search for one thing, or if they have a warrnat for one speicific thing but they find something else in plain sight they have everything they need to arrest you.
Since you consented to a search they don't need probable cause or even reasonable suspecion, since you said it was ok to search.
If they were walking though down the sidewalk and saw the pot on your table, they could come come in and arrest you if they believed you would destroy the evidnce before they came back.
If they have a search warrant and they are looking for a person, they can't open your kitchen drawers to look but could open closet doors and the such.
2006-09-08 23:47:36 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Wrong. If he enters your home with your permission and you have illegal substances or activities going on "in plane view" then he has every right to take action against that illegal activity. If he is searching a car for registration stickers or license plate numbers and there is a pile of drugs on the seat in plain view, then he can take action on the spot. If he is searching for a gun and finds drugs in plain view, he can take action immediately. If he is looking for drugs and finds explosives in plain view, he does not have to wait to come back with a warrant. If the illegality is uncovered during the search, but wouldn't have been discovered but for the search, then he needs to get a new warrant.
2006-09-08 17:14:36 · answer #3 · answered by rac 7 · 0⤊ 0⤋
it depends on what the "illegal" object/s are-usually it will be down to the officers discretion-he might not feel like doing the paperwork if it's nothing too serious. but at the end of the day you are commiting a crime so yes you can be arrested. if the officer finds this person within your property then he will arrest both the felon and yourself (for harbouring a wanted person)-if the illegal item is within your home the officer cannot interfere with anyone else but the homeowner/tenant-once the officer has ascertained who the tenant is he is obliged to release any other person/s present (apart from the felon) once they have furnished the officer with their details
2006-09-08 20:15:04 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Did he take the pot or leave it? He probably won't go to the bother of getting a search warrant for this. In the meantime, get your house cleaned out now, and don't give them an opportunity to find anything. I wouldn't worry if I were you. He can't come back and arrest you now.
2006-09-08 16:38:27 · answer #5 · answered by skyeblue 5 · 0⤊ 0⤋
Weed is illegal and kills more brain cells then drinking alcohol and causes cancer quicker then smoking cigarettes ...Why even smoke it? Seems senseless to me to alter your state of mind! Unless you can't cope with reality.....
Law issue I would think would depend on how much you had sitting there..If it was a small amount I doubt that would get you busted..Now if they had suspicion that maybe you are dealing that would be another story! Hey they may even sit and smoke with you...lol
Yes, I am a former pot smokin druggy wish I had known what the long term affects were going to be...Too late now!
2006-09-12 16:12:42 · answer #6 · answered by blahblah 5 · 0⤊ 0⤋
if you allow the police into your home, you allow them to search anything and everyone. he can search your pants pockets if he wants to. if he finds a hand in the kitchen sink he can arrest YOU for probable cause. anytime you allow a search, you are subject to arrest for anything they find.
if you have a roommate that you know owns anything illegal, this is why you keep a locked door policy. this gives some reason to believe that any articles that are found cannot be blamed on you.
2006-09-08 18:21:03 · answer #7 · answered by Bella 5 · 0⤊ 0⤋
By consenting you give them the greatest opportunity to search for and seize evidence. The police are not restricted by the specific terms a warrant may contain. If they see something in "plain sight" it may be admissible as evidence at trial.
2006-09-08 17:20:10 · answer #8 · answered by superlawyerdude 3 · 0⤊ 0⤋
Yes he can. He can arrest you for anything illegal that is in plain sight, that's not a search. If he was looking for a person, he couldn't look into a drawer for something else though.
2006-09-08 16:52:46 · answer #9 · answered by breeze1 4 · 0⤊ 0⤋
I think if you consent to a search, you consent to a search, and anything they find can be used against you. If they have a warrant, they can only search for specific things. If they're searching for drugs, and they see a bloody knife sitting in the sink, they'd have to go back and get a warrant to search for and collect the bloody knife.
2006-09-08 16:16:10 · answer #10 · answered by Anonymous · 0⤊ 0⤋