search and seizure | Forum profile

Absent some authority to the contrary, the standard out here anyway is that we can conduct such a search incident to arrest in many cases. Yes, there have been cases where the evidence has been suppressed. But, apparently this Diaz case will decide the matter for us. Unless overturned, it will apparently stand to affirm that we can conduct such a search of the cell phone. There are a number of reasons why such a search can be relevant to the...

Quoting cdwjava From the San Diego DA, concerning persons subject to arrest ... Incident to Arrest: When a person is lawfully arrested, the police have a right to make a contemporaneous warrantless search (i.e., a search "incident to arrest") of the defendant's person (Weeks v. United States (1914) 232 U.S. 383 [58 L.Ed. 652].) and things under his immediate control. (Carroll v. United States (1925) 267 U.S. 132 [69...

Quoting Mr. Knowitall I suggest retaining a lawyer and trying to resolve the charge before you leave the U.S., so that you won't have to return for additional court proceedings. Your lawyer can try to resolve the case as a non-drug offense, and ideally without a guilty plea or conviction. You haven't described any violations. It can. It will be updated as quickly as the information gets into the BCIS's system. Thank you Mr....

Quoting Brandnewish I was recently given a ticket for constructive possession at a house party. I dont do drugs and had no idea there were drugs in the house. im just wondering what constitutes probable cause to search someones house. Is the scent of marijuana enough to search someones house? and what exactly is considered "in plain sight". the weed was apparently inside an open topped box inside a container that is not see...

they only searched that box. Im just trying to figure out all the aspects of the case. I was at a house party where i didn't even know the owner, but because there was a box in the room i was in they gave me constructive possession of paraphernalia and marijuana even though the owner of the house said it was her drugs, box, pipes, whatever else was in the box. I had no clue the box was there and still am not sure of all of its contents. I...

Quoting daveyjoe (1) will I be able to leave and come back to the United States given I haven’t had a trial yet? I suggest retaining a lawyer and trying to resolve the charge before you leave the U.S., so that you won't have to return for additional court proceedings. Your lawyer can try to resolve the case as a non-drug offense, and ideally without a guilty plea or conviction. Quoting daveyjoe (2) Is it possible that my 4th amendment...

You haven't given us enough information. Were you tickets or charged with anything or did they just let you off as they said they would? If you were charged you'll have to find out what the stipulations are as a foreigner in the localethat you were charged in. Since you consented to the police entering, your 4th amendment rights were not violated in an way. Plus, as you're not an American citizen, there can sometimes be a grey...

Sounds like you are in an "in plain sight situation." Seems like, from what you said, that you allowed the cop into your house. He needed no search warrant to enter if you allowed him in. I get the impression that is was the party that caused him to be at your door to begin with. I believe that the smell of marijuana, in and of itself, as justification to enter the premises varies from state to state. However, you imply that...