My friend and I have been having an argument over the past week. Picture this scenario:
The police are looking for a fugitive. The fugitive is NOT in your house, but the police think he is. They get a warrant and break in to your house, only to find you smoking a joint on the couch. Can they arrest you for that?
2007-10-03 18:06:04 · 11 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
Good ques. I would say probably not. They cant arrest you for a crime they are not searching for. Unless they try using the inevidable discovery rule,or it is in your hand in plain view, but not likely.
Throw it under the couch so they dont see it and if they find it that was a search, it will be thrown out.
2007-10-03 19:02:00 · answer #1 · answered by ERIC B 3 · 1⤊ 2⤋
Lol, I think the person above me has been smoking too many joints.
To be completely honest, yes. They can arrest you because they had probable cause to believe that the fugitive is in your home (which they would not need a search warrant for if they were in the middle of a chase). If I were the officer, I might "overlook" your infraction and continue to search for the suspect. Long story short, drugs are bad. Don't do them.
Hope this helps!
2007-10-04 01:17:48 · answer #2 · answered by wenchiepirategirl 3 · 1⤊ 0⤋
If the police get a warrant for your residence and serve the warrant at your house, they are not breaking in.
For whatever reason the police believe that the fugitve is there is enough for them to get a legal warrant. If they came in without a warrant, it would be breaking in your house and a violation of your 4th amendment rights.
Any illegal activity or items that they see in plain view are subject to confiscation and or being arrested for. If you are smoking a joint on the couch, that is pretty cut and dry evidence. What the police would do is search your house for the fugitve, and if they do not find him, go about getting another warrant for your house for drugs and paraphenalia.
2007-10-04 03:51:21 · answer #3 · answered by sixtymm 3 · 1⤊ 0⤋
Yes they can arrest you. You were commiting a crime in plain view, and the warrant gave them permission to be in your home to conduct a search for a fugitive.
2007-10-04 02:21:23 · answer #4 · answered by Anonymous · 1⤊ 0⤋
Yes. The warrant gives them the legal authority to enter the premises. Once inside (and lawfully present) the drugs are in plain view. They will be admissable in the trial of the suspect.
2007-10-04 01:20:39 · answer #5 · answered by Citicop 7 · 1⤊ 0⤋
Yes, it's called the "plain view" provision. They do not need a warrant if they enter legally and the illegal item is in "plain view".
If they found the joint in your closet while looking for the suspect, it would be different.
2007-10-04 01:52:30 · answer #6 · answered by Anonymous · 2⤊ 0⤋
Yes for all the reasons given, UNLESS you are in a medical marijuana state and have a doctor's recommendation. Then they can't arrest you for smoking the joint in your house.
2007-10-04 02:33:36 · answer #7 · answered by RangerEsq 4 · 1⤊ 0⤋
This is a classic example of how officers abuse their authority. Officers can and will violate your civil rights using a shield of unsubstantiated or irrelevant suspicion, if they believe there may be illegal acts transpiring within the confines of your privacy rights. With an aggressive attorney, taking it to trial, not taking the plea bargin, all charges could be dropped, thereafter, petitioning the prosecutors to prove beyond a reasonable doubt, that there was in fact a fugitive in the area.
2007-10-04 01:35:28 · answer #8 · answered by knightof2stars 1 · 1⤊ 5⤋
yes. if they have a legal warrant, any evidence of a crime they see in "plain view" is admissable. if they have a warrant, they didn't "break in" to your house. they ENTERED your house.
2007-10-04 09:17:51 · answer #9 · answered by Spoken Majority 4 · 1⤊ 0⤋
yes - they entered the premises lawfully and caught you doing an illegal activity
2007-10-04 01:15:27 · answer #10 · answered by c181187 4 · 2⤊ 0⤋