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Old 07-16-2004, 03:38 PM   #33
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Re: $200 COPY OF NCAA

"first of all i would like to say i'm a big enough man to know when i'm wrong or apologize but i just did my research and found out htat each state has diffrent laws concerning search warrants and searching people property so whats goes on in NC is not not the same in MI my bad recon"

Do some more research. This is a federal issue, not state.
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Old 07-16-2004, 03:39 PM   #34
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Re: $200 COPY OF NCAA

Quote:

Recon said:
Quote:

sweettouch said:

You must realy hate the Police. Let me guess your a victim of society, and the Police is always holding you down. [/quot

lets just say i'm a product dwb nut i am also a law student and if you know those 7 exceptions most of them deals with them looking for a suspect and yoou fit the description of a suspect and they still need a warrant they can arrest you but they still need a warrant to seach your property.





first of all i would like to say i'm a big enough man to know when i'm wrong or apologize but i just did my research and found out htat each state has diffrent laws concerning search warrants and searching people property so whats goes on in NC is not not the same in MI my bad recon

Please give my your definition to "search incident to arrest".





Can admot when i'm wrong i just did my research and i found out thats laws concerning warrants are different per state so what goes on in MI is different from NC my bad recon but in MI you cant search nothing without a warrant
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Old 07-16-2004, 03:45 PM   #35
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Re: $200 COPY OF NCAA

doesn't every state have their own set of laws?
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Old 07-16-2004, 03:45 PM   #36
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Re: $200 COPY OF NCAA

I'm a lawyer (although I don't practice criminal law) and I can tell you that a warrant is not always required for a search. There are exceptions. I can't remember them all, but I know that if a cop pulls you over and a cloud of marijuana smoke pours out of your car, he doesn't need to go get a warrant to search your car. I think it's the probable cause standard. The protection against cops willy-nilly searching people is that the evidence gets tossed if there was not sufficient probable cause. A cop can always ask if they can search - if you consent, then the search is valid regardless of probable cause.

By the way, it's not different from state to state. The protection against unreasonable searches is afforded to us by the Fourth Amendment of the US Constitution.
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Old 07-16-2004, 03:50 PM   #37
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Re: $200 COPY OF NCAA

Quote:

TheGhost said:
I'm a lawyer (although I don't practice criminal law) and I can tell you that a warrant is not always required for a search. There are exceptions. I can't remember them all, but I know that if a cop pulls you over and a cloud of marijuana smoke pours out of your car, he doesn't need to go get a warrant to search your car. I think it's the probable cause standard. The protection against cops willy-nilly searching people is that the evidence gets tossed if there was not sufficient probable cause. A cop can always ask if they can search - if you consent, then the search is valid regardless of probable cause.

By the way, it's not different from state to state. The protection against unreasonable searches is afforded to us by the Fourth Amendment of the US Constitution.






What you mention is the plain site/view/smell exception. There are others, here are some i remember.

incident to arrest.
moving vehicle.
consent
hot persuit
customs
abandon property
exigent and emergency circumstances.

This has become CJ 101 - Prob gonna lock it up. I will let someone get the last word if they can type fast enough.
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