[OT] -- Fry's and other retailers

[CIE-Keith]

----- Original Message -----
From: der.hans <PLUGd@LuftHans.com>
To: <plug-discuss@lists.PLUG.phoenix.az.us>
Sent: Monday, February 12, 2001 7:59 PM
Subject: Re: [OT] -- Fry's and other retailers


> Am 11. Feb, 2001 schwäzte CIE-Keith so:
>
> >
> > ----- Original Message -----
> > From: Todd Hought <thought@scudder-enterprises.com>
>
> > > It's like a search warrant, if the cops have a search warrant
for
> > 50lbs of
> > > pot, and they find a bunch of illegal firearms in your house as
> > well, they
> > > don't count. Warrants are specific that way...
>
> I thought they include an "anything else illegal" clause nowadays?
Maybe
> that was just 80's TV (last time I watched TV).
>

They have to be very specific or the search warrant will be thrown
out.  However if it would be reasonable to be searching where they are
searching and they find some illegal item they can charge for that
also.

If they are looking for stolen diamonds and look in your safe and find
a stolen gun or counterfeit money they can charge you with that also.
If they are looking for stolen 14" auto rims and they look in your
wall safe that has a 6" opening and find a stolen gun they cannot
charge you.  I also think you can sue them for violating your rights
at this point.

Now to make matters worse, these rules only apply to the police.  If
your neighbor goes into your house uninvited and without the prior
knowledge of the police, and finds your kilo of pot and turns it over
to the police, they can use it as evidence and charge you and also use
it to seize your house and get a search warrant.

This is all very basic.  Search and Seizure law is very tricky because
there are exceptions to all these rules.

Keith






> > If the warrant is executed in a reasonable manner and while
searching
> > for that 50lbs of pot they find a box of illegal guns the police
can
> > charge you with that too.  Search warrants are tricky.  If they
are
> > looking for a car that has not been chopped and they look in your
desk
> > drawer and find a sawed off shotgun that more than likely will not
> > pass the test of the "elephant in a shoe box" test.  In other
words if
> > looking for an elephant don't look in a shoe box, it is not
reasonable
> > to expect to find the elephant in the shoebox.  Now if the warrant
> > said I was also looking for a letter you had written about wanting
to
> > sell the elephant, looking in the show box is reasonable because
the
> > letter could be in there.  If I find a sawed off shotgun You will
be
> > charged with that too.
>
> I think this has more to do the reasonable cause stuff where they
don't
> need a search warrant.
>
> ciao,
>
> der.hans
> --
> #  der.hans@LuftHans.com   home.pages.de/~lufthans/
www.YourCompanyHere.net ;-)
> #  If you're not learning, you're not living. - der.hans
>
>
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