BOMBS go off at the Boston Marathon...

[OneSickPsycho]

Originally Posted by shmike

Such as?

Plain view, consent, frisk, upon arrest and there's something about open fields and shit too...

This is the first time that I can recall that houses were searched without owner's consent... If I were a lawyer looking to make a name for myself... I'd probably jump on this one...

[shmike]

Originally Posted by OneSickPsycho

Plain view, consent, frisk, upon arrest and there's something about open fields and shit too...

This is the first time that I can recall that houses were searched without owner's consent... If I were a lawyer looking to make a name for myself... I'd probably jump on this one...

Yep.

Of the exceptions, the only one that comes reasonably close to making a home search justifiable is this one:

Exigent circumstances - This means that if the officer believes there is immediate danger to his life or others, or to someone's private property, and he believes there is some emergency where there is no intent to arrest or seize evidence, the warrant requirement is waived. An example would be that he believes a suspect is hiding a gun under the couch on which he is sitting and believes he might try to use it. In this case, the officer could search for and seize the gun without a warrant.

That would [maybe] make it OK to search ONE home, not multiple.

[shmike]

And don't give me any "they consented" bullshit:

The consent must be given voluntarily, which means the giver must give it unequivocally, specifically, and intelligently. Consent must not have resulted from coercion or duress.