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U.S. Search Warrants Options
 
EzekielCain
#21 Posted : 5/7/2012 9:36:48 PM
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Thats a good question. I'm pretty sure the standard 5 panel test doesn't include Dmt and I'm also sure they wont spend resources to try and find substances not on the 5 panel.

I could be wrong but they'd really be pressed to dig that deep on someone.
 

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SnozzleBerry
#22 Posted : 5/7/2012 10:55:31 PM

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jamie, I hear you, I am only focusing on US law as I do not have any familiarity with the laws of other countries. You can buy bongs here legally as well (and hypodermic needles too) but that doesn't mean that given certain contexts, they can't be used against you.

EzekielCain wrote:
Snozzle

Check the facts here, specifically the fruit of the poisonous tree doctrine.

http://www.nolo.com/lega...criminal-law-30183.html

They CAN NOT enter on probable cause without a warrant and "see" something and then find something else as a result of "seeing" that something. Its very clear.

You are misunderstanding, fruit of the poisonous tree only applies if the search was illegal to begin with (it deals with derivatives of illegal evidence)...if you invite an officer into your house (or if an officer is talking to you at your door after you opened it of your own free will) without a warrant and he sees a bong on the table, he has probable cause. Fruit of the poisonous tree would apply to any and all 'evidence' collected if an officer entered your home without your permission or a warrant and executed an illegal search.

EzekielCain wrote:
A bong is not illegal. A bong doesn't give grounds for search just by viewing it. People smoke tobacco mixed with fruit among other totally legal substances out of them...They could say they "smell pot" to gain entry but if searching turns up no pot at all guess what? Lawsuit time...

Again, I think you misunderstand. An officer does not need to have 100% incontrovertible evidence to claim (or actually believe) he has probable cause. All he has to do is have "a reasonable belief that a person has committed a crime". A bong qualifies, given the general context in which it is used. Again, there's plenty of case law that that shows this is the case in reality, regardless of what the bong might theoretically be used, or not used for.

In the case of wrongful arrest, yea, you could sue the officer or the police force, but do you have any idea what that costs or how long it drags on for? It's a rather arduous process and besides, my goal here is not to focus on what to do after you get arrested, it's to address how to avoid arrest/charges whether wrongful or otherwise. The scenario you described leaves the door open for all kinds of things that would be legally indefensible were the bong out of sight.

As to the analysis, if they LC/GC-MS your dirty paraphernalia (i.e. if they actually send it to their lab), they will see whatever substances are on it. If it's just street-level reagent tests, they are significantly more limited in scope.
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EzekielCain
#23 Posted : 5/7/2012 11:41:59 PM
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I thought this was what was being discussed: improper search?

Of course a written warrant will supersede your 4th amendment rights...

If we're talking about someone WILLINGLY let police into their home without a warrant then you may as well give up your right to remain silent and your right to council...

You're correct about them having carte blanch if you let them into your home though. I wont argue that. I just hope people are smart enough not to be intimidated by them.
 
mew
#24 Posted : 5/7/2012 11:50:02 PM

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i havent read this entire thread, but given my history i am more knowledgable than most about warrants in the usa

they have the right to search the property of the person who the warrant is for, including cars

they will open locked items with a sledgehammer if they dont have a key

dogs are trained to smell for narcotics, however the heroin they are taught to smell for in one of its forms is acetic, so keep that in mind when storing spice or w/e

anything within the area being searched is at the very least property of the person whos on the warrant and at the most, everyone who cohabitates/ is currently in the house

they will search the surrounding area of the residence if they so choose, including sending officers into nearby woods with dogs


if you get into a situation where this is your reality, do not say anything except "im sorry but i dont know, i need to speak with a lawyer"

no deals should be taken without proper legal council, do not fall prey to their psychological games, its what they do and they are rather good at them. know your rights, know the law, proclaim ignorance and demand legal council, nothing more....
 
mew
#25 Posted : 5/7/2012 11:53:59 PM

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i also advise you dont store anything in your home or the home of anyone else, find a place in nature and go there alone to aquire your things and store them. keep a secret spot for your medicines and tools of the trade. anything with a lock on it is automatically going to raise suspicion, youll have better luck putting lets say an acetic solution in a bottle of vinegrette, putting strong basses in a container with a label indicitve of baking soda. make sure your things are disguised, and in plain site is the last place they check...

i had an officer smell my parmesan cheese once and put it back convinced it was infact cheese, however they didnt bother opening many boxes i use for tables bases, nor did they thoroughly search the various vessels containg liquids and solids. if you have something of a certain color liquid put it into a container with similiiar original content. an example is storing aya in a chocolate milk container or better yet an apple cidar jug.

outthink the thought police and you will not be silenced!
 
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