----- Original Message ----- From: der.hans To: 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 > > > > 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 > > > ________________________________________________ > See http://PLUG.phoenix.az.us/navigator-mail.shtml if your mail doesn't post to the list quickly and you use Netscape to write mail. > > Plug-discuss mailing list - Plug-discuss@lists.PLUG.phoenix.az.us > http://lists.PLUG.phoenix.az.us/mailman/listinfo/plug-discuss