My girlfriend's newphew was set up by a confidential informant in which a purchase was made for one 8 ball of ice. Immediately after the purchase officers bombarded the motel room without a warrant. The informant left the motel door open but contraband was not in plain view that could be seen from outside the motel room. Did probable cause exist to enter the motel without a warrant after the purchase was made by the informant? (who at that time was not yet previously deemed reliable) I do not agree with the sale of illegal drugs I just believe that under the circumstances her nephew could have all evidenced suppressed under the fruit of the poisonous tree doctrine. Does anyone have any advise to help settle this dispute between me and her nephew's grandmother?
2007-01-10 06:45:25 · 10 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Personally I am glad he is jail and I hope he never gets out this question is only out of curiousity
2007-01-10 06:58:31 · update #1
In order for probable cause to exist the informant must have been deemed reliable in the past. Motel are protected under the same 4th Amendment rights as houses and cars. I am not on his side I just think they messed up. Who am I ?just a guy that got myself out two years early when two lawyers said it couldn't be done
2007-01-10 07:01:43 · update #2
YES. The police can make a warrant-less arrest provided that the accused is either charged within 48 hours of a possible crime he or she committed or is released pending further investigation.
If the accused is not charged with a crime, the police have another option, which is a JDPC or Judicial Determination of Probable Cause, which allows the accused to be held without being charged pending further investigation.
On another note: ICE IS NOT NICE!!!
2007-01-10 08:49:36 · answer #1 · answered by syaw10 3 · 0⤊ 1⤋
There are exceptions to the warrant requirement for searches. Exigent circumstances is one of the exceptions to the search warrant requirement because if the officers have a reasonable belief that evidence would be destroyed (ice flushed down the toilet in the hotel room for example) after the informant went into the hotel room and purchased the "ice, the officers can enter the hotel room without a warrant under this exception. Fruit of the poisonous tree exclusion rule does not apply here based upon the facts as you related them here.
2007-01-10 07:29:31 · answer #2 · answered by attyvette 2 · 0⤊ 0⤋
All the police need is the motels permission to enter THEIR property. They do not need a search warrant to search the motels property just the motel owners permission.
If the motel allows drug sales on their property they can be shut down under a nuisance law. So they will normally cooperate.
Get the kid some help for his drug problem. That should be your focus.
2007-01-10 10:02:06 · answer #3 · answered by Kdude 4 · 2⤊ 0⤋
It could have been a sting operation where the cops posed as the sellers...chances are they would have had the motel room bugged with audio and video...If they have the nephew on tape, making the purchase, there's your probable cause. They wouldn't need a warrant.
2007-01-10 06:56:01 · answer #4 · answered by Anonymous · 1⤊ 0⤋
sorry, but that's what happens in a sting operation.
since hte guy was working on behalf of the police as informant, thye are covered becaus they knew that the informant was going to meet with your gf's nephew to conduct an illegal business transaction (ie pruchasing of drugs) that is all the probable cause they needed.
Anything that was in plain sight when they raided is considered evidence that can be used against your gf's nephew.
2007-01-10 07:00:17 · answer #5 · answered by arus.geo 7 · 0⤊ 0⤋
since the person involved did not own the motel room, the right to enter is thru the motel's owners and thus the police have free entry
2007-01-10 06:55:10 · answer #6 · answered by Anonymous · 1⤊ 0⤋
I don't think so, you don't need a warrant to plant an informant, and the informant can collect all the probably cause he needs. They knew what was going on, it wasn't purely random, so I think there's nothing you can do.
2007-01-10 06:50:55 · answer #7 · answered by Pfo 7 · 2⤊ 0⤋
Your friend's nephew got zapped under the "probable cause" clause. Sorry, he's totally screwed. Actually, I'm not sorry. Ice is a very dangerous drug and it's about time he got caught!
2007-01-10 06:50:49 · answer #8 · answered by Zebra4 5 · 5⤊ 0⤋
Yes they can if the owner of the motel gives them permission to search your room.
2016-05-23 05:24:38 · answer #9 · answered by Anonymous · 0⤊ 0⤋
BUMMER! Maybe we'll all get lucky and they will accidentally execute the loser. What a shame, another dead drug dealer.
2007-01-10 07:33:24 · answer #10 · answered by FelixtheCat 3 · 1⤊ 1⤋