Silk Road forums
Discussion => Legal => Topic started by: DanDanTheIceCreamMan on September 09, 2013, 04:08 pm
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Maybe someone with legal/law/LE background could help me. Lets say someone gets a large amount of drugs sent to them, LE intercepts and does a CD. They then get a search warrant for the residence. In that search warrant do they usually have it written so the residents vehicles get searched as well? Or do they usually just search the residence only? Thank you in advance.
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on't know if it's actually written in the warrant, but in every single case I have heard of they will always search your vehicles as well as your property, always
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If its on your property they are gonna get it. If its not in the warrant Im pretty sure they can get it ammended in a hurry.
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In a related question, anyone know if other structures on your property (such as garages, toolsheds, etc) are also subject to search in a CD scenario?
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The way I understand it is if they have the right to search you under probable cause (that a crime has been committed) then they have the right to search everything under your control on your property. Including cars, sheds, tree houses, your dogs asshole etc.
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What TA just said. Law enforcement doesn't need a separate search warrant to go through your property. They arrive once, and once is enough - you can bet both your nuts (or whichever is left after previous experiences, given this kind of question) that they'll not screw around about checking your house, room, attic, basement, subbasement, chimney, roof, garage, toolshed, doghouse, cathouse, mousehouse, porch, deck, car, boat, ATV, gun locker, safe, toilet, etc.
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I'm assuming you're from the US so this isn't exactly helpful. A friend of mine in the UK had a search warrant for he residence and some other wording after that which meant they could search his office space which wasn't even his. I would just expect everything you own or go to often to be searched to be on the safe side.
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thanks guys that info helps. I guess it's safe to assume everything they can see will get searched.
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Yeah not only do they search every part of your property, they will already have your house staked out during a CD and watching all exits.
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What if you hide the stash in a friends car before the search started? or if trying to clean house when expecting a package can you leave your stuff in friends car?
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Go ahead and put it in a friends car. But that car better be off of your property. Cause even if they cant search it all they have to do is run a dog around it then you better believe its coming open too.
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To add onto that what if you live in a building with storage? Would the storage get searched?
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Go ahead and put it in a friends car. But that car better be off of your property. Cause even if they cant search it all they have to do is run a dog around it then you better believe its coming open too.
The search warrant would relate to the premises not the person. Meaning that even if it isn't your car but its found at your address then it is then subject to the warrant.
To add onto that what if you live in a building with storage? Would the storage get searched?
Yes, because if its your private storage then I would imagine that would be covered as it is still a part of your property, and if its public/unsecured storage they will just help themselves to a nosey. Although anything found in public storage areas would have to be traced to you to be used as evidence.
Thats my understanding of it anyway.
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If you park your car on the curb it will not be searched unless the search warrant specifically asked for it ahead of time (unlikely).
So theoretically you could hide a stash in your car, but you have the problem of variable temperature and it does not resolve you from smell control problems.
I heard this second hand from a friend who got searched. May not apply in all states.
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If you're going to hide your drugs before getting drugs delivered (and why not?) then just do it right. Make sure they are scent proof and that nobody can find them.
As for delivery, do not answer your door unless it is your usual mailman. And if you pick up from the mailbox make sure you aren't being watched. In fact don't even pick up your mail from the mailbox for a few days.
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Correct me if I'm wrong but technically I believe if you have roommates then their rooms are their residence and are not applicable to a search warrant listing you as the target (they have to be on the lease though). Cops will probably go in there anyway but then you can get it tossed as evidence.
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They search everything, period no exceptions All cars, trash,sheds,rooms etc etc. I know from personal experience
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Not an attorney - but, re: the above question, if your storage is associated with you, it can surely be searched.
The Alameda County DA site is a good resource (again) and has a shiny new writeup on this -
hxxp://le.alcoda.org/publications/point_of_view/files/executing-search-warrants.pdf
It's detailed and precise and it addresses most of these questions and also describes specific things that LE can do if it is a drug-related warrant. Yes, this is a long document, too long to post in full here.
It is viewable via
http://view.samurajdata.se if you don't want to download the PDF.
Actually, their whole new issue is interesting -
hxxp://le.alcoda.org/publications/point_of_view/files/2013_fall_POV.pdf
including discussion of the Robey case [package opened without warrant, after being scented 25 feet away by the FedEx employee, noted to be probably less trained in this than a detection dog] and some comments by the writers about the idea that there was no attempt to even try to disguise the smell, so perhaps there was no expectation of privacy, so it was not -truly- a search.
[Does this mean that if I send a love letter with a big red heart and lipsticked kiss on the outside, there's no attempt to disguise it, so there's no expectation of privacy and therefore anyone can open my mail without repercussions?]
There are a lot of model warrants out there - here's a random example of [apparently older] language --
hxxp://www.ohiopd.com/searchWarrant.php
FULLY describe the property that is to be searched for and seized, and also indicate the code involved in relation to the property sought to be searched and seized.
EXAMPLE: Description of Property Sought to be Searched for and Seized:
Drugs and drug paraphernalia, to wit: cocaine, crack cocaine, marihuana, heroin, amphetamines, any derivatives thereof, packaging materials, scales, and other devices used for the preparation, sale, and administration of said drugs and any United States currency, recording and monitoring devices used in the facilitation of drug transactions, any weapons used or maintained for the protection of said
unlawful enterprise together with any books, records, receipts, bank statements, utility bills, tax records evidencing the acquisition, concealment, transfer and sale of drugs and narcotics and the person of ***, the single family residence described above, any persons who may be found at said residence, as well as any contraband described herein that may be found in the aforementioned motor vehicles, garage, white metal tool shed, or any place within the curtilage of said residence. Trafficking in drugs in violation of Section ****.
You kids and your shooting marihuana and saving receipts. :P
This is all in an ideal world. As other people have pointed out, there's the ideal world and what's really going to happen. Seems equally possible at this point in history that one could be called a terroristic international money laundering conspirator by the SOD based on dodgily acquired evidence with a back-constructed trail, thereby bringing in random acronym-based law enforcement agencies and triggering all sorts of abuses (further abuses) of liberty.
Still, nice to know what 'should' happen.
HTH.
edited hotlinks.