come inside your residence & look through your kitchen cabnits? and if they find some drug parphaneila, can they legally charge or arrest the other spouse at a later date?
2007-07-23 06:52:15 · 4 answers · asked by fineass_featherwood 2 in Politics & Government ➔ Law & Ethics
It depends upon the circumstances of the arrest and the language of a search warrant, if any. There are some circumstances under which that would be a legal search, and others under which it would not.
A key consideration, assuming there's no search warrant: where did the arrest take place? Was the cabinet area within the immediate proximity or reach?
Your attorney - and you should have one - will advise you as to the search issues and any special features of your state's constitutional law.
2007-07-23 06:57:49 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Get a lawyer. Under search and seizure laws, normally, they wouldn't have probable cause to look for "scrap fence" in the kitchen cabinets. That wouldn't have been in plain view if they were just going thru the house looking for scrap fence.
2007-07-23 13:59:03 · answer #2 · answered by juicy13500 3 · 0⤊ 0⤋
I'd have to say get a good lawyer. If they are looking for scrap fence then you obviously would not find it in a cabinet. That would not hold up in court. If drugs were in plain view like the door is opened or you can see through it, then maybe.
2007-07-23 14:00:46 · answer #3 · answered by Fireman 3 · 0⤊ 0⤋
Arrest warrants include the ability to search the person and their immediate surroundings. If they found evidence of another crime while searching for something else they are definately able to charge whoever they find breaking the law.
2007-07-23 13:57:51 · answer #4 · answered by Michael C 7 · 0⤊ 0⤋