QUESTION
Can an officer walk onto the side cartilage of a property that contains a fence along the side of the house and look through a basement window that is
Asked on Aug 25th, 2012 on Criminal Law - Georgia
More details to this question:
Can an officer walk onto the side cartilage of a property that contains a fence along the side of the house and look through a basement window that is covered? I went outside to reenact what the officer did and he would have to kneel down and manipulate his body in a awkward fashion to obtain a visual through a very small part of the window that would allow someone to see through (an individual would have to be within 3-5 inches from the window to see through this "crack"). He did obtain a search warrant after he in my opinion did an unlawful search. He was driving down the street and had suspicion that the light emitting from the basement were "grow lights". I am a legal medical marijuana patient.
18 ANSWERS
Michael J. Breczinski
Sounds illegal to me. You need an attorney to fight the matter.
Answered on Jun 13th, 2013 at 2:56 AM
Tax Attorney serving North Smithfield, RI
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The Law Offices of Mark L. Smith
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File a motion to suppress the search warrant.
Answered on Jun 13th, 2013 at 2:55 AM
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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If you are legal, then how we're you arrested?
Answered on Jun 13th, 2013 at 2:55 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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The warrant sounds shaky. You need an aggressive criminal attorney.
Answered on Jun 13th, 2013 at 2:55 AM
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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So then have your attorney move the court to suppress.
Answered on Jun 13th, 2013 at 2:55 AM
Leonard A. Kaanta
You have case, you need an attorney.
Answered on Aug 29th, 2012 at 7:26 PM
Appellate Practice Attorney serving Bloomfield Hills, MI
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Law Office of William L. Spern
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If something is visible without the commission of trespass, the officer can act on what is visible.
Answered on Aug 27th, 2012 at 1:37 AM
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Yes, they can walk around your house just like anyone in the public could and look in anything from a distance. It's public.
Answered on Aug 27th, 2012 at 1:37 AM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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That is an issue which will have to be fought out in a motion to suppress evidence. Without out more it seems like he did not have enough evidence to go on your property.
Answered on Aug 26th, 2012 at 5:06 AM
Domestic Violence Attorney serving Orange, CA
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Law Office of James Gandy
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If it is visible from a public place or the curtilage of property, even if that involves placing yourself in a difficult position, then it is open to public view. Get a lawyer to review the case to determine if this is correct.
Answered on Aug 26th, 2012 at 5:05 AM
Sounds like a "dirty" search. Cops just wet their pants ging after MMJ users. Don't know why. Maybe someday he'll have a need for MMJ and get the same treatment. Fight the search! You need to be ultra careful as now they know where to find them some MMJ.
Answered on Aug 26th, 2012 at 5:01 AM
Gary Moore
A bad search, absolutely and the warrant is the fruit of the poisonous tree.
Answered on Aug 26th, 2012 at 4:56 AM
A law enforcement officer may make observations from any area that is accessible to the public. The question would be is this view point accessible to the public. If this goes to the court it would be for the judge to decide. Most judges will say that the officer did nothing wrong.
Answered on Aug 26th, 2012 at 4:54 AM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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Can he? Sure, he did already didn't he? Whether you can be successfully charged or convicted is a different question. You would have an evidence suppression issue to raise in a motion if prosecutors seek to introduce into evidence contraband you contend was improperly discovered or seized without probable cause, with or without a search warrant. When questioned, threatened, arrested or charged with any crime, the proper questions are, can any evidence obtained in a search or confession be used against you, can you be convicted, and what can you do? Raise all appropriate defenses with whatever witnesses, evidence and sympathies are available for legal arguments, for evidence suppression or other motions, or for trial. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, program, or other decent outcome through plea bargain, or take it to trial if appropriate.
Answered on Aug 26th, 2012 at 4:51 AM
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A court would be likely to uphold this search warrant if challenged. The officer did not go anywhere that the general public cannot go and see, regardless of how awkwardly he has to contort his body.
Answered on Aug 26th, 2012 at 4:50 AM
Criminal Law Attorney serving Oakland, CA
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Law Office of Jared C. Winter
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Unfortunately, search and seizure questions can rarely be answered with a simple yes or no. They're very fact specific. I will say, however, that if I was your lawyer, I would most likely be filing a motion to suppress/motion to quash and/or traverse the search warrant.
Answered on Aug 26th, 2012 at 4:50 AM
John Patrick Yetter
The search of the home may or may not be legal, depending on the when the warrant was issued and what information was oven the court to get the warrant. This should be fully investigated.
Answered on Aug 26th, 2012 at 4:47 AM
Criminal Defense Attorney serving Pittsburgh, PA
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Law Office of Jeffrey L. Pollock
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Being a qualified patient does not carry with it permission to grow pot. I'd have to see the "curtilage" to answer more whether the officer just used an "in plain view" ability.
Answered on Aug 26th, 2012 at 4:46 AM