"Or if a police officer is told by someone of illegal activity going on inside or home, that officer does have the right to investigate without a warrant" Totally untrue. The Hear Say does not give an officer the right to Search ... The law states that: hot pursuit / plain view are the ways an officer can search a home or car without either consent or a search warrant.
@clessers You're right, hearsay does not represent probable cause. The "plain view" law can only be used AFTER a police officer has been inside the property (i.e. home, vehicle, etc). The item in question MUST be in plain view of the officer, he can't not search "looking for an object" unless he absolutely sees it. Anything other than that is a violation of your 4th amendment right.
@music04777 The officer does not need to be in the house for plain view to be applicable. If a officer is standing at the front door of a house .. .and the window is open ( drapes open ) and the officer see's an illegal substance / item in plain view ... then plain view doctrine will hold. - I like you am an avid constitutional case reader =)
yeah cops can't solve any crime unles they're lucky or have a snitch.
62rome 5 months ago
"Or if a police officer is told by someone of illegal activity going on inside or home, that officer does have the right to investigate without a warrant" Totally untrue. The Hear Say does not give an officer the right to Search ... The law states that: hot pursuit / plain view are the ways an officer can search a home or car without either consent or a search warrant.
clessers 1 year ago
@clessers You're right, hearsay does not represent probable cause. The "plain view" law can only be used AFTER a police officer has been inside the property (i.e. home, vehicle, etc). The item in question MUST be in plain view of the officer, he can't not search "looking for an object" unless he absolutely sees it. Anything other than that is a violation of your 4th amendment right.
music04777 1 year ago
@music04777 The officer does not need to be in the house for plain view to be applicable. If a officer is standing at the front door of a house .. .and the window is open ( drapes open ) and the officer see's an illegal substance / item in plain view ... then plain view doctrine will hold. - I like you am an avid constitutional case reader =)
clessers 1 year ago