An officer went to talk to a suspect at suspect's home. After determining the suspect wasn't there, and there being no danger of destroying evidence (large, non-flammable non-flushable objects), the officer, clearly tresspassing (home in center of 1 1/2 acres of private land), peered through windows and took photographs. Officer cited what was viewed throught the windows in subsequent application for warrant. Any legal references are welcomed as is possible further consultation.
2006-11-20 10:01:10 · 11 answers · asked by Wilson1950 1 in Politics & Government ➔ Law Enforcement & Police
The officer wasn't trespassing because he was there for a legal reason (to talk to the suspect). Since the officer was lawfully present in the area, the plain-view docterin does fall into play.
If the officer had no reason to be at the house, which you already stated he did, then you could argue that he had no lawful reason to be present on the house property. Look up the definition of curtalige, which I spelt very wrong. The rough definition is that curtalige is the area around the house, ie yard, that falls under the reasonable expectation of privacy (REOP) under the 4th ammendment.
I think from the details you gave, the law is on the officer side simply because he had a reason to be there in the first place and if whatever was illegal was able to be seen through the windows, then he wasn't acting unlawfully.
I am not one to help out people who are guilty of crimes, but I also do not like it when some officers forget what they learned in training and disreguard people's rights. Thats why I gave this information. My personal opinion is that I hope the officer did everything right so the case sticks and the one who is charged pays his due.
Look up this stuff to clarify what I tried to say:
Lawful presence
4th ammendment (right to search and seizure)
Curtalige
Plain-view doctrine
Reasonable Expection of Privacy REOP
2006-11-20 11:45:30 · answer #1 · answered by nike54_la 2 · 1⤊ 0⤋
The warrant is legal and the evidence seized pursuant to the warrant will be admissable. Here are the reasons.
(1) Even on property clearly marked as NO TRESPASSING, the courts have widely held that the police approaching a house via commonly accepted access routes (such as driving up the driveway, walking up the sidewalk, going to the front door, etc.) are NOT trespassing. The police can essentially walk up to any door of any house and knock for any reason. Things MIGHT be different if they had to climb a fence, cut the lock off a gate, or otherwise overcome a physical obstacle to reach the home, but the totality of the circumstances (why the officer was looking for the suspect, etc.) would have to be considered by the court.
(2) Once the police have approached a house by legal means, anything they see in "plain view" can be used. Looking in through a window and seeing contraband on a table inside is considered plain view.
(3) Considering his legal entry onto the property, the seeing of contraband in plain view, the officer did exactly what the law requires. He sought a warrant and did his job.
Sounds all good!
2006-11-20 17:55:00 · answer #2 · answered by James P 4 · 0⤊ 0⤋
Unfortunately, police can get inside your home in this circumstance because of the plain view rule. A friend of mine was arrested after police went to his home and saw some contraband through an open window. They were responding to a report of a "burglar" near his home.
Lesson: Keep your windows shut if you don't want anyone looking in.
Hope everything works out.
2006-11-20 10:17:25 · answer #3 · answered by WESLEY V 2 · 1⤊ 0⤋
Any Detective, Bounty Hunter, or Police Officer, can do what they want when they have a warrent in their hands. AND if you don't comply, they can charge you with interference. So in regards to the warrent, the main goal here is to get the person in violation, into custody. If your the other person, trying to hide, cause problems, lie, in regards to the persons who has a warrent issued for them , you can be arrested and charged with interference.
2006-11-20 13:48:14 · answer #4 · answered by Norskeyenta 6 · 0⤊ 0⤋
actualy yes if it is in the open for people to see they can go get a warent as long as it obtains to what they r looking for no if he had a warrent for like the car but not the house and he went in the home no but since he looked through the window and saw it in plane veiw it can be used but he has to get a warrant for that he cant just bardge in
2006-11-20 10:05:10 · answer #5 · answered by Anonymous · 1⤊ 0⤋
taking pictures your image this variety is an invasion of your privateness. tell them to provide up, and in the event that they don't, see your close by friendly criminal expert. they could be made to pay for invading your privateness. ** be conscious: that's a typical talk of the priority rely of your question and not criminal advice. close by regulations or your specific subject could exchange the final rules. For a particular answer on your question you ought to hunt for advice from criminal tips with whom you may talk all the info of your case. **
2016-10-22 10:54:55 · answer #6 · answered by ? 4 · 0⤊ 0⤋
I believe that falls under plain sight laws check with state
2006-11-20 10:03:35 · answer #7 · answered by Anonymous · 2⤊ 0⤋
it is completly legal for a police officer to do this sort of thing. I did it before
2006-11-20 10:32:43 · answer #8 · answered by Sarge000 1 · 1⤊ 0⤋
If it's in plain view, is fair game.
2006-11-20 10:18:04 · answer #9 · answered by ? 5 · 1⤊ 0⤋
yes, it is called plain view doctrine.
2006-11-20 10:04:17 · answer #10 · answered by pedohunter1488 4 · 2⤊ 0⤋