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The Range
Law & Order
Legal question - does arrest constitute probable cause?
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<blockquote data-quote="vvvvvvv" data-source="post: 2080690" data-attributes="member: 5151"><p>Only if the warrant authorizes the search and seizure of specific items within the home. They may conduct a "protective sweep" looking for anything unlawful that is within plain view (which is why you should never let a police officer see inside your house without a warrant). <a href="http://scholar.google.com/scholar_case?case=14617911839617855186" target="_blank"><em>Maryland v. Buie</em>, 494 US 325 (1990)</a>. Anything seized that was not in plain view would be an improper seizure and would be thrown out if you've got a reasonably good lawyer and everything has been documented correctly.</p></blockquote><p></p>
[QUOTE="vvvvvvv, post: 2080690, member: 5151"] Only if the warrant authorizes the search and seizure of specific items within the home. They may conduct a "protective sweep" looking for anything unlawful that is within plain view (which is why you should never let a police officer see inside your house without a warrant). [URL="http://scholar.google.com/scholar_case?case=14617911839617855186"][I]Maryland v. Buie[/I], 494 US 325 (1990)[/URL]. Anything seized that was not in plain view would be an improper seizure and would be thrown out if you've got a reasonably good lawyer and everything has been documented correctly. [/QUOTE]
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