a police officer's entry into a building, place of business, or residence constitutes a search?
Not calling it a search, but that simply entering is fundamentally a search.
2007-01-05 06:56:28 · 6 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
I am trying to find out if there is a law that supports this reasoning, or if it legally constitutes a search.
(This is all hypothetical.)
So, if a police officer goes into a building, is it legally constituent of a police search?
The reason is, that if it constitutes a search, and the police officer finds evidence of a crime or criminal evidence that is going to be used in a criminal trial, and in the event that he entered through illegal means, then it follows that he conducted an illegal search, and any evidence found through that search can be thrown out of court.
2007-01-05 07:06:04 · update #1
If you want to pay for it you can search Westlaw and LexisNexis. Or use Findlaw and google for free. If you really want to get into this subject I do not believe there is simply one case that would answer this and you may be better off reading a series of cases. I would suggest going to a book store particularly a college book store and buying an Emanuel's Outline of Criminal Procedure. Or buy it off Amazon or similar web site. This would break down the rules of search and seizure quickly and in an easy to understand form and you wont have to read through any confusing case law.
2007-01-05 07:35:32 · answer #1 · answered by Daz2020 4 · 0⤊ 0⤋
A law enforcement officers presence inside a building is not a search. However, if a law enforcement officer is inside a building and they observe contraband or any other illegal property then it can be seized and used against the owner under the plain view doctrine. The plain view doctrine was originally set forth in Coolidge v. New Hampshire (1971) and later modified by Texas v. Brown (1983).
2007-01-05 16:05:40 · answer #2 · answered by Judge Dredd 5 · 0⤊ 0⤋
There might be something in Michigan v Tyler: http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=436&invol=499 or Wisconsin v Hughes: http://law.wisc.edu/rcid/caselaw/wisconsin/wi_sup_ct/97-1121.htm depending on your situation... but I think the area to focus on is at what POINT did the entry become a search. Typically there has to be a point when entry becomes search.
When the officer became aware that... when he smelled marijuana... when victim told him there was a weapon on the premises... when he heard this sound...
Otherwise, any time an officer went for a cup of coffee he would need a warrant to be on the safe side. Not sure you'll be able to find law to support.
Best to you!
2007-01-05 15:17:52 · answer #3 · answered by thegirlwholovedbrains 6 · 0⤊ 0⤋
You are overreaching. Police presence in a public space of a building is not a search within the meaning of the Constitution. A residence is different -- but if they are given permission to enter, then just looking at things in plain sight is not a search, either.
2007-01-05 14:59:16 · answer #4 · answered by Anonymous · 1⤊ 1⤋
So, are you saying that when a police officer enters a..store for example? he is searching? without knowing why he is/she is there? he/she could be there just to buy something.
2007-01-05 15:00:55 · answer #5 · answered by arus.geo 7 · 0⤊ 1⤋
Are you a law student? Check Lexis or Westlaw.
Findlaw.com is helpful too.
2007-01-05 14:58:21 · answer #6 · answered by C = JD 5 · 0⤊ 0⤋