Search warrants

 
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douchefun
Antiprohibitionist


Joined: 08 Sep 2007
Posts: 78

PostPosted: Sat Sep 29, 2007 3:59 pm    Post subject: Search warrants Reply with quote
All questions have been answered. My thanks to narcdet.
1) When the police are searching the home, will they remove the carpet even if they have no reason to believe there is anything under it?
narcdet wrote:
As for tearing up the carpet, I would also say no, not as long as they have no reason to believe anything is under it. However, there are exceptions. If they find a large enough amount of drugs in your house and you have very nice furniture, carpet etc. they may seize all of it! The seizure laws when it comes to drugs are very liberal and allow police to seize almost anything.

2) Will they open up all electronics like TV's and computer monitors as a regular procedure?
narcdet wrote:
From my experience I would say no, they will not open up TVs and computer monitors as standard procedure. However, they will most likely run a dog through your house and when the dog alerts on an item or on an area they will tear said item or area apart.

3) If your home is searched and they find large amounts of money but not any drugs can they take the money as drug money even if the warrant wasn't about drugs?
narcdet wrote:
As for seizing your money if the find no drugs..well, if it's a large amount they will seize it. For one, if they have a search warrant for your house it is quite likely they have sufficiently tied drug sales or use to your residence enough to allow them to seize money. Secondly, even if they end up wrongly seizing your money they will face no penalty. You will have to fight to get it back and they get to collect interest on it in the meantime, so they have no incentive to not seize it.


Last edited by douchefun on Tue Oct 02, 2007 8:43 am; edited 3 times in total
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Vendico
Antiprohibitionist


Joined: 19 Jun 2007
Posts: 93

PostPosted: Sat Sep 29, 2007 5:18 pm    Post subject: Reply with quote
If they can get the dog to alert on a certain object, then I think they can do that.
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douchefun
Antiprohibitionist


Joined: 08 Sep 2007
Posts: 78

PostPosted: Sat Sep 29, 2007 8:06 pm    Post subject: Reply with quote
Vendico wrote:
If they can get the dog to alert on a certain object, then I think they can do that.


Read the questions again.
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Vendico
Antiprohibitionist


Joined: 19 Jun 2007
Posts: 93

PostPosted: Sun Sep 30, 2007 8:24 am    Post subject: Reply with quote
My post was referring to the "Will they open up all electronics like TV's and computer monitors as a regular procedure?" question.
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narcdet
Civil Libertarian


Joined: 21 Aug 2007
Posts: 100

PostPosted: Mon Oct 01, 2007 11:19 am    Post subject: Reply with quote
From my experience I would say no, they will not open up TVs and computer monitors as standard procedure. However, they will most likely run a dog through your house and when the dog alerts on an item or on an area they will tear said item or area apart.
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narcdet
Civil Libertarian


Joined: 21 Aug 2007
Posts: 100

PostPosted: Mon Oct 01, 2007 9:06 pm    Post subject: Reply with quote
As for tearing up the carpet, I would also say no, not as long as they have no reason to believe anything is under it. However, there are exceptions. If they find a large enough amount of drugs in your house and you have very nice furniture, carpet etc. they may seize all of it! The seizure laws when it comes to drugs are very liberal and allow police to seize almost anything.

As for seizing your money if the find no drugs..well, if it's a large amount they will seize it. For one, if they have a search warrant for your house it is quite likely they have sufficiently tied drug sales or use to your residence enough to allow them to seize money. Secondly, even if they end up wrongly seizing your money they will face no penalty. You will have to fight to get it back and they get to collect interest on it in the meantime, so they have no incentive to not seize it.
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Barry
CEO/NeverGetBusted.Com


Joined: 03 Apr 2007
Posts: 640
Location: Texas

PostPosted: Wed Oct 03, 2007 11:15 am    Post subject: Reply with quote
narcdet is correct on all his answers. It sure is nice to have a cop giving the board memmbers good information! Thanks narcdet!

Can you change your name on the board to "narcdetective"?

I think it would grab the reader's eye much better!

Barry
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narcdet
Civil Libertarian


Joined: 21 Aug 2007
Posts: 100

PostPosted: Wed Oct 03, 2007 7:43 pm    Post subject: Reply with quote
Barry,

I have no problem with changing my username to narcdetective if you want. The only problem is, I can't figure out how to do it. When I go to my profile that section does not appear to be changeable. If you can tell me how to do it I will or you can do it for me if you are able..
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Vendico
Antiprohibitionist


Joined: 19 Jun 2007
Posts: 93

PostPosted: Wed Oct 03, 2007 8:54 pm    Post subject: Reply with quote
That's something an admin would have to do. If they change it, that would be your new UserID.

I'm an admin on another forum that uses the same BB application.
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SpaceCase11
Antiprohibitionist


Joined: 12 Dec 2007
Posts: 11

PostPosted: Wed Dec 12, 2007 11:29 pm    Post subject: Reply with quote
can a trained K-9 smell above their eye level? not including stading on back legs? like say if they are on ground level, can they smell in the ceiling?
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narcdet
Civil Libertarian


Joined: 21 Aug 2007
Posts: 100

PostPosted: Thu Dec 13, 2007 6:14 pm    Post subject: Reply with quote
Barry would be better at answering that one but I will tell you what I know. When a K-9 is sniffing and they smell drugs they will try to get right to the area they smell it in. If, however, it is in an area they cannot reach they will still alert but won't be able to pinpoint the area. That will simnply cause the officers to go through every damn thing they can get their hands on.
If drugs are in the ceiling and that odor is coming through a dog can smell it, even if he's at ground level. All that matters is that the odor has travelled to where he is.
That is what I think from what I have seen...Barry, can you tell me if I'm right or not?
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