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by 5d8767c68926
1369 days ago
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Genuine question: had the couple refused to let the cop enter and he barged in anyway (exigent circumstances owing to potential physical assault) - could the cannabis be used against the couple as evidence of a crime or would the non-invited search limit discovery? My hope is that the cannabis would then be fruit of the poisoned tree and reaffirms my belief that you would never work with the cops to any degree. |
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I guess it would have turned on whether the cops' lingering suspicion was reasonable. Legally, this isn't so much weighing one point of view against another, as the LEO/state being able to construct a reasoned argument to justify the search - which is almost always possible.
For example, I recall a murder case where a guy was pulled over on the freeway in the small hours of the morning and turned out to have a dead body in the trunk. The defendant challenged the validity of the stop at appeal. The reason offered at trial for the stop was that a) there had been a string of auto burglaries in that area; b) it was dry but had rained earlier, and there were still water drops on the car - suggesting it had been parked a short time earlier; c) the freeway was almost empty but the vehicle as staying scrupulously at the speed limit. So the cop reason-ably suspected it could be a car thief and pulled the driver over to check. The court agreed.