Re: Re: Re: Re: Re: What a crazy night @ Home
Originally posted by spikers
actually, they would be able to bust you for weed on the counter as it is in plain sight, while legally entering the premises on the welfare check. They would not be able to search everything to look for the bag of pot, and if they did go searching for it while on a welfare check, it would not be admissible in court. The fact that it would be on the counter, and in plain sight, would allow them to use that as evidence, again, while entering the premises legally.
That is like saying they did a welfare check, and found someone making pipe bombs and not being able to do anything about it because it was only a welfare check. If it is in plain sight, and illegal, the police are allowed to act on it.
Same thing goes for a car when you get pulled over. If you refuse an officer the ability to search your car, but you have a crack pipe visible on the back seat, that gives the officer the ability to arrest you for drug paraphernalia, and search the rest of your car without a warrant.
This is my understanding anyways, and who knows, I could be completely wrong.
^^^ correct, the other posts are nonsense
the police have an obligation, however the OP said the music was turned up, loud enough to not hear them & they would have by procedure announced themselves and prior to entry
if another illegal activity was obvious (not something hidden/search required) then they have an obligation to act upon it, meaning he would be charged if say drugs left out in the open
on the flipside, what anyone has failed to mention, is that they will investigate the original 911 call, and in most likelyhood the officers next stop would have gone to the neighbor who made the call
what music was playing, or was it loud TV, either "might" have sounded like screams to a neighbor possibly? who knows, the old lady neighbor could easily taken loud prince music for a woman being beaten?
if they found anything odd, or discovered the caller have exaggerated or lied, then they could potentially be charged
"Drive your business, let not your business drive you" ~ Benjamin Franklin