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  • Search Warrants

    I know it varies from state to state but how often are y'all able to obtain search warrants for residences based off finding narcotics on a traffic stop? Do you usually try to get more or has that worked for you in the past?
    Last edited by Prov1x; 04-19-2011, 08:49 PM.
    yeah!

  • #2
    Since we have distint catagories here in NC, what type of possession are you referring? Did you find enough for maintaining? Trafficking? The car registered to the operator? There are more factors involved with the main point being you have to articulate PC they have narcotics in their residence based on what it is the vehicle. My husband does it frequently. Do you not have a narc unit at your agency?
    sigpic

    I don't agree with your opinion, but I respect its straightforwardness in terms of wrongness.

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    • #3
      Simple possession, absent any other factors, would probably be a no-go here. We often talk about the factor of "3", meaning the judge wants to see three distinct elements to find probable cause. So if a patrol dog finds an ounce of weed, a scale and a roll of 20's during a traffic stop, we'd be golden. If they only find a dime bag tucked in the center console, we'd have a hard time making a case that the presence of the marijuana in the car automatically means that there's weed in the house as well.

      One thing to consider before you decide to go that route though. Let's say you make a traffic stop on a car one night and find enough drugs and factors to get a search warrant for the house. You write it up and execute the warrant. In the process, you just totally screwed up a 10 month investigation into the bad-guy that your narc unit has been working. If you're going to pursue this kind of action, be sure to include your local narcs into the deal. They might like getting a free look into a target house without burning their CI's or they might tell you to back off so as not to jeopardize a bigger operation.
      Originally posted by kontemplerande
      Without Germany, you would not have won World War 2.

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      • #4
        If this happened randomly while on patrol by a uniformed officer it would have to be an inordinate amount of product and he'd have to be able to articulate that there is more in the house...and in order to do that really, means the motorist is probably talking to him, which means we would go for a consent search rather then a search warrant, more then likely.

        In my area, I'd be very suprised if a judge would entertain signing a search warrant for a house based upon a narco recovery made on a stand alone car stop.

        Like the others stated, there are too many unkown factors in the scenario you posted. Is this motorist a target of an ongoing narco invest? What are the factors on the initial search/discovery of the product? Will it stand up in court?
        Last edited by ShantyIrish; 04-20-2011, 12:00 PM.
        Went to Get a Cold Pop

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        • #5
          Originally posted by ShantyIrish View Post
          If this happened randomly while on patrol by a uniformed officer it would have to be an inordinate amount of product and he'd have to be able to articulate that there is more in the house...and in order to do that really, means the motorist is probably talking to him, which means we would go for a consent search rather then a search warrant, more then likely.

          In my area, I'd be very suprised if a judge would entertain signing a search warrant for a house based upon a narco recovery made on a stand alone car stop.

          Like the others stated, there are too many unkown factors in the scenario you posted. Is this motorist a target of an ongoing narco invest? What are the factors on the initial search/discovery of the product? Will it stand up in court?
          It wouldnt even get that far here........your Watch Commander would be putting a boot in your butt if you dont book the prisoner and evidence ASAP and get back out in the field.

          Unless the suspect has a huge amount of dope, he is going to get diversion anyway
          The posts on this forum by this poster are of his personal opinion, and his personal opinion alone

          "Politicians are like diapers. They need to be changed often and for the same reason"

          "We fight not for glory; nor for wealth; nor honor, but only and alone we fight for freedom, which no good man surrenders but with his life"

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          • #6
            I apologize I thought I put the other information in the original post...Lets go with a pound of marijuana and the car isn't registered to the owner. Has a 30 day tag and comes back to some ghetto car dealership. Suspect has charges of PWISD and Maintaining in his not so distant past. Another individual that lives at the same residence also has a similar history. Nothing else to the traffic stop...just something common like a lighting violation or expired registration.

            Yes, we have multiple drug units but this is just for my curiosity.
            Last edited by Prov1x; 04-20-2011, 04:46 PM.
            yeah!

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            • #7
              ten 8, frank in the tank, onto the next, for most patrol folks. If your in a small town low crime PD then maybe you would take the extra time.
              Originally posted by FJDave
              GM, you have just set the bar that much higher for the rest of us in our witty, sarcastic responses. I yield to you! Good job, kind Sir!

              District B13
              "We are not cops nor Feds." yet he still poses as an officer Hmmmm


              Grant us grace, fearlessly, to contend against evil and to make no peace with oppression.--WWII memorial

              "I have loved justice and hated iniquity, therefore I die in exile."

              Pope Gregory V II

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              • #8
                I'd say you'd be wicked lucky to get a judge to sign a search warrant based on what you've listed...and I reckon it would never pass the test in court

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                • #9
                  Originally posted by Prov1x View Post
                  I apologize I thought I put the other information in the original post...Lets go with a pound of marijuana and the car isn't registered to the owner. Has a 30 day tag and comes back to some ghetto car dealership. Suspect has charges of PWISD and Maintaining in his not so distant past. Another individual that lives at the same residence also has a similar history. Nothing else to the traffic stop...just something common like a lighting violation or expired registration.

                  Yes, we have multiple drug units but this is just for my curiosity.
                  You can ask them for consent to search their home, of course. Also, if you saw them leave the house, had constantly visual on them, and then stopped them, then yes, you can because that is more than personal use and you can articulate going back to the house with a SW. Absent consent or something like that, anything further would be based on your interview and information garnered therein. You could always set someone on the house to watch while you're doing the interview to see what comes and goes.
                  sigpic

                  I don't agree with your opinion, but I respect its straightforwardness in terms of wrongness.

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                  • #10
                    Our judges want to see more of a nexus between the drugs in the car and the house. If I can show that the car and occupants just came from the house and the occupant(s) likely just purchased the dope there, then we are good to go. This usually requires some form of surveillance on the house and obviously some previous knowledge of possible sales occurring there (CI info, cars in/out only staying a few minutes, etc). The fact pattern in your example would pause a judge around here.

                    Comment


                    • #11
                      Originally posted by Prov1x View Post
                      I apologize I thought I put the other information in the original post...Lets go with a pound of marijuana and the car isn't registered to the owner. Has a 30 day tag and comes back to some ghetto car dealership. Suspect has charges of PWISD and Maintaining in his not so distant past. Another individual that lives at the same residence also has a similar history. Nothing else to the traffic stop...just something common like a lighting violation or expired registration.

                      Yes, we have multiple drug units but this is just for my curiosity.
                      Still negative where I'm at. Take the collar, narco follows up with a debrief, maybe he's offered a chance to work it off, maybe someone follows up on the possible larceny or fraud with what might be a bogus car/dealership. End of story.
                      Went to Get a Cold Pop

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                      • #12
                        Being charged with an offense is treated differently around here than a conviction. I couldn't really see it happen without watching the person leaving the house that contained the narcotics with a bag that the pound of weed was recovered in. That would give you a nexus into the house and you could articulate reasons to kick in the door. If you could flip one of the clowns it would help out tremendously. Dog alert on a door with some more articulated reasons got me into storage facilities and motel rooms but it better be a good dog (with a lot of warrants and finds.) The expectation of privacy is different between a storage facility, motel room and a home. Good Luck.

                        Comment


                        • #13
                          Bill, for NC, the fact someone is currently pending a charge "could" be relevant based on the judge's instructions to the defendant awaiting trial. The only other time current charges are helpful is in setting bond on further charges.
                          sigpic

                          I don't agree with your opinion, but I respect its straightforwardness in terms of wrongness.

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                          • #14
                            Originally posted by Bill321 View Post
                            Being charged with an offense is treated differently around here than a conviction.
                            Originally posted by Smurfette_76 View Post
                            Bill, for NC, the fact someone is currently pending a charge "could" be relevant based on the judge's instructions to the defendant awaiting trial. The only other time current charges are helpful is in setting bond on further charges.
                            I commonly use currently charged offenses as a bullet point in a search warrant affidavit if they are pertinent to the task at hand. In the case at hand, for example, if the person is currently bonded on a distribution charge that arose from sales that occurred in their home and we now have a second incident (the traffic stop) in which there is a strong probability of continued sales, I would use the earlier case as a bullet point to build the PC for why I want to look in the house based on the traffic stop. I would still feel more comfortable with something more to tie the house into the case, but this kind of information is a good start.
                            Originally posted by kontemplerande
                            Without Germany, you would not have won World War 2.

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                            • #15
                              You need to stop cars that are leaving the house. That's better for warrants as far as I'm concerned. Our guys get fools to tell them how much is in the house in an exchange to possibly reduced charges.

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