I signed the consent to be able for the officer to search my home for a firearm only.and the officer's found other items and took it.can this be done? I refuse to sign it at first and the police threat me? If other things were found there taking my kids.Is this right?and how long is the consent paper I signed last for? and also the person who the police was searching for was found by radius,what does this mean? These cops were awful..
2007-09-01 08:41:14 · 5 answers · asked by california girl 1 in Politics & Government ➔ Law & Ethics
coragryph is correct as far as he goes. If you give the police consent to search for a weapon, they can then search anywhere where a weapon could reasonably be found. For example, they could look under a bed, but not in a salt shaker. They could seize any contraband they found in that search, as well as any contraband in plain sight while they conducted the search. And, contrary to some of the answers above, that evidence would be lawfully seized and could be introduced in evidence.
If you can convince a judge that your consent was the result of a threat, then you consent will have been coerced and invalid.
The consent for the search would be for that one search only, unless you signed something giving them the right to search more often (in which case, you could withdraw that consent at any time).
I have no idea what "found by radius" means, and I think you probably have the words wrong.
2007-09-04 08:56:28 · answer #1 · answered by Anonymous · 1⤊ 0⤋
If you signed a consent for the search, the police are also allowed to seize any items that are obviously illegal (contraband) or that are direct evidence of some other crime -- that's the risk you take when you give consent.
The police often threaten people and try to make them give consent -- but you are never required to consent (other than as part of a plea agreement or as a condition of parole).
If other illegal items are found, then the police can act based on those discoveries. And it goes from there.
2007-09-01 09:29:06 · answer #2 · answered by coragryph 7 · 1⤊ 1⤋
I am a law enforcement officer and I would recommend that one never sign a consent to search. If you were coerced into signing by threats, then seek legal counsel immediately. It is going to be your word against the word of the police involved. I have no clue as to what "found by radius" means
2007-09-01 08:53:27 · answer #3 · answered by huduuluv 5 · 0⤊ 0⤋
They can take other illegal items.
They can't use them as evidence against you.
If what they found was drugs, they might be
found justified in considering the kids endangered.
2007-09-01 08:53:10 · answer #4 · answered by Irv S 7 · 0⤊ 1⤋
if you allowed the search, then yes, and they can take other items that are not legal, or not legally possessed, but you can not be charged for those items.
2007-09-01 08:49:37 · answer #5 · answered by 007 2 · 0⤊ 1⤋