I had some police search my house a while back, they found not even a half gram of marijuana in a safe, also in the safe was a $110 dollars scale and about $200 dollars cash. They took the marijuana and then said they had to take my 75 dollar safe and the 110 dollar scale and my cash because all of this was inside the safe...is this legal?! Because that 200 dollars was from my last paycheck from work, the scale wasnt needed so i can see why they took that, but the safe was to hide my money from my friends...is this legal to take things that arent illegal? Im sure the crooked cops kept the money for themselves...who knows...but i think it isnt legal...i just want to see what answers i get from you...thank you!
2007-06-11 07:06:28 · 16 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
i wasnt on probation at the time...and yes i can see why they took the scale (drug dealing) but the safe and the cash?? idk
2007-06-11 07:13:03 · update #1
The police can take anything that is listed in the warrant. In order to take any other item, there must be probable cause that the item is contraband, or evidence of a crime.
In your case, the additional property the police took is evidence of a crime. The scale, safe, and cash are all evidence of possession with intent to distribute.
2007-06-11 07:20:18 · answer #1 · answered by Mr Placid 7 · 1⤊ 0⤋
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2016-06-10 23:39:02 · answer #2 · answered by Pamala 3 · 0⤊ 0⤋
The courts ruled quite some time ago that a search warrant has to be for a specific item and the search has to conform to looking for that item. That is, if the search warrant is for a rifle opening kitchen drawers is not appropriate as a rifle would not fit in a drawer. If the search was conducted appropriately per the item being sought and other illegal items are found during the course of the search they can be sezied and the person charged with their possession. That is, if they are looking for a handgun and open a drawer large enough to hold a handgun and find a bag of marijuana the weed can be siezed and the person charge even if the handgun was never found.
2016-05-17 09:18:10 · answer #3 · answered by ? 3 · 0⤊ 0⤋
the search was legall and yes they can take the scale as for safe and money No 200 dollors is reasnable amount to have so that would rule out drug dealing and taking the safe was just stupid. Did they arrest you for violating your probation or did they give you a paper saying what they took because if they did neither of the 2 they kept everything they took legally you should of went to jail that night and recieve a paper stating all items taken from your home. They sound like the cops who came to my house.
2007-06-11 17:02:35 · answer #4 · answered by john6611 2 · 0⤊ 0⤋
Anything connected with the evidence collected can be taken as evidence. things in the safe, including the safe are all fair game. However, all evidence must be logged and accounted for. That means that anything that is considered not connect to the crime can be released one the case has gone through the courts. Of course, the courts may choose that the $200 was from the commission of a crime and not from a legitimate job. Sounds like you should get an attorney for several reasons.
2007-06-11 07:18:44 · answer #5 · answered by brotherlove@sbcglobal.net 4 · 0⤊ 0⤋
The truth about the warrant...
The search warrant has to have written "What they are looking for" and "what they are allowed to take"
My guess is, the warrant said they were looking for drugs and drug related products, so when they opened the safe and saw
"drugs, money, and a scale" I would say they come in a package. I don't think they would be able to take the Safe, I don't see how that relates to anything.
2007-06-11 08:20:53 · answer #6 · answered by bilybob 1 · 0⤊ 0⤋
Did the police get a search warrant to check your house for drug sales activities? IF so, the $200 in cash appears to be drug profits so the cops have to prove that it was in fact from drugs sales in court. If they fail to charge you with drugs sales then you can retrieve your 200 bucks. Btw did the police have a search warrant for your safe or did you tell them that it is ok to check it? IF there is no warrant that includes checking the safe, it was closed, then the police siezed the items illegally as they were not in plain site and the safe was not listed on the search warrant.
2007-06-11 07:17:56 · answer #7 · answered by Anonymous · 2⤊ 1⤋
I'm thinking it's not legal... are you on probation? Cuz then they could search any time day or night. Or it could be that they are going to prosecute you for selling; scales are used to weigh drugs, you had only a little bit of drugs left, and you had cash. Get an attorney...
2007-06-11 07:10:25 · answer #8 · answered by Leslie B 2 · 0⤊ 0⤋
Save your paycheck stub or receipt ro get a copy of the transaction from the bank. You should be able to take that as proof of the method of obtaining that money.
They probably took the money because it was found with drug items. As such, it would probably be in the police records.
2007-06-11 07:12:42 · answer #9 · answered by blackdrgn121sn 1 · 0⤊ 0⤋
Yes, it's legal. The marijuana was obviously illegal, the stuff found with it is supporting evidence. You or your lawyer should be able to get a chain of custody receipt from the police station.
2007-06-11 07:12:27 · answer #10 · answered by thegubmint 7 · 0⤊ 0⤋