THE ROSS FIRM P.A. -  Advocates For Those Who Cannot Fight For Themselves.
RSS

Recent Posts

Warrant Probable Cause Affidavit
Attenuation Doctrine
RIGHT TO PRIVACY-AUTOMOBILES
Know Your Rights
Chapter 7 Bankruptcy Timeline

Categories

Bankruptcy
Legal Advice
powered by

My Blog

Warrant Probable Cause Affidavit

Warrant Probable Cause Affidavit: Why its Important. Police make a lawful traffic stop of the defendant, Rabb. They have a tip from an unknown informant that Rabb has a marijuana operation in his home. Once stopped and asked out of his car, cops find marijuana growing books, a video tape on the subject and marijuana cigarettes.  Based on that information the cops go to Rabb’s home and walk a drug-sniffing dog up to the front door. The dog alerts to drugs, after which the cops detect the odor of marijuana inside the house. The cops take all the information from the traffic stop along with the information gathered at the house and use it to apply for a search warrant. The warrant is issued and over 60 marijuana plants are found in the house. ISSUE: Did the use of a drug dog at Rabb’s house constitute an impermissible search under the fourth amendment, making the information gained there from unusable in the application for a search warrant? Was there enough independent and legally obtained evidence in the warrant application to provide probable cause for the issuance of the warrant? RULE: Evidence resulting from an illegal search cannot be the basis of probable cause supporting a subsequent search warrant. The use of a dog sniff to detect contraband inside a house does not pass constitutional muster. The dog sniff at the house in this case constitutes an illegal search.The inclusion of illegally obtained evidence in the supporting affidavit, where the affidavit contains other valid allegations sufficient to establish probable cause, does not invalidate a search warrant. The trial court's duty is to excise the invalid allegations and determine whether the independent and lawfully obtained information demonstrates probable cause. Conclusion:(Here) No independent and lawfully obtained evidence establishes the probable cause necessary to support the issuance of a search warrant for Rabb's house. Summary: A search warrant cannot be based on evidence that was obtained illegally. The home is afforded heightened protection under the fourth amendment and so cops cannot simply bring a drug dog to your home to scan the outside of the premises hoping to detect things inside. If you possess any “questionable materials” leave them at home, don’t ride with them in your car. 

33 Comments to Warrant Probable Cause Affidavit:

Comments RSS
speelautomaten on Wednesday, October 30, 2013 1:56 PM
large minutia and numbers. not ever suggested that there are many ways to make things more very very very very easy and much quicker. Thanks for circulating this tips.
Reply to comment


swarovski outlet online on Monday, November 04, 2013 3:27 AM
swarovski uk on sale , swarovski uk , swarovski 1032280 , swarovski sales , swarkoski .co.uk , cheap swarovski earrings ,
Reply to comment
 
replica omega on Monday, December 16, 2013 9:54 PM


Bharatidasan College on Tuesday, November 19, 2013 3:33 AM
That made a good read. Thanks for the valuable tips. It seems to be a very useful post.
Reply to comment
 
medicarehealthassess on Monday, August 11, 2014 7:14 AM
just like something else, Medicare Complement insurance in consistently evolving, from time to time for the greater, in some cases for the even worse. If you are on Medicare or going on it soon, it is critical to notice this and keep your eye on sure trends that you may well encounter in the entire world of Medicare and Medicare insurance policies.


lawyers-on-line on Monday, August 11, 2014 7:15 AM
Has it ever happened that you simply desperately wanted to download The Lincoln Lawyer but could not do so as you were left confused by the contradictory reviews you heard or read about the full movie The Lincoln Lawyer? While some said that the movie The Lincoln Lawyer was quite good and worth watching, others felt that it was a total waste of time and dollars.


Jenelia on Monday, December 02, 2013 12:10 PM
Really Great information-able site. Visit our " rivercliff " for get a lot of use information about the boots. You will get here low prices boots.
Reply to comment


juvenile law on Tuesday, December 10, 2013 3:22 AM
Before reading this i heard a little bit about probable affidavit. I was confused why we need it and what it is all about. Now i have enough knowledge about it. Thanks for sharing.
Reply to comment


British Indigo overhemden on Tuesday, January 07, 2014 2:33 AM
Warrant probable cause affidavit is a nice post to comment in.It is commendable post.
Reply to comment


mysearchresults.com on Tuesday, January 07, 2014 2:40 AM
To avoid warrant in some cases affidavit should be done.Thus it can help in many cases.
Reply to comment


http://www.cloudwords.com/how-it-works/multilingual-asset-management on Saturday, March 01, 2014 8:37 AM
Caress whiff in the family in this precedent manufactures up a famous outlawed scout. This proem involving illegally received evidence from the helping statement, in which the deposition consists of various different excellent hints sufficient to predicate apparent carry about, resolution hardly cancel a canvass make.
Reply to comment


andreizaide.info on Saturday, March 08, 2014 1:26 PM
http://andreizaide.info! http://andreizaide.info
Reply to comment


hippyh on Sunday, March 16, 2014 1:02 PM
here very nice website hippyh nice job.
Reply to comment


Several Benefits of a Divorce Lawyer on Tuesday, May 20, 2014 6:13 AM
The purpose of our site is to discuss divorce lawyers. Specifically, the benefits of a lawyer will be summarized.
Reply to comment


Davidvon beste elektrische Zigarette 2014 shop saarland on Tuesday, June 17, 2014 8:36 AM
I like Warrant! @ wieso denkst du das? Nun, schöner Artikel, ich werde jetzt noch ein wenig rauchen. Wünsche euch ein angenehmes Wochenende!
Reply to comment


fallmoney.com on Monday, August 11, 2014 7:12 AM
Are you suffering from the financial dilemma then the private money lender for personal offers you with the beneficial plans that are linked with finance and banking sectors. You can say that it is the source of funding backed up with the private firms. In this process, the fund of the receiver is termed as borrower and the source from which the money is coming is referred as hard private money lenders.
Reply to comment


hotelinsuranceplans.com on Monday, August 11, 2014 7:13 AM
Choosing the right kind of hotel insurance matters as the occurrence of fire mishaps or any other accidents cannot be guessed. The sudden growth of hotel industry has led to the consideration of insuring hotels by their owners in a serious manner. Any such insurance reflects the needs of the present situation.
Reply to comment


multitourist on Monday, August 11, 2014 7:14 AM
Whenever you take a moment to evaluation the visitor info that's available you will certainly be capable of geting more out of your trip general than without having a great plan. By finding out about each one of the tourist appeal locations about the maps which are included in the majority of the travel instructions, you might find which points of interest are nearby to a different one which will help you to get in one to another quickly, thus helping avoid running in one part associated with town towards the other.
Reply to comment


Sportergebnisse Chancen vegas on Wednesday, August 13, 2014 8:47 PM
Die sehr extrem zuerst World Wide Web Macher festgelegt die Stiftung fuer diese Struktur Zusammensetzung und wie Organisationen sollte wirklich work.Bodog ist eine der das Beste Qualitaet und sichersten Gebiete bis Liebe im Web ebenfalls .
Reply to comment


car accident injury claim on Wednesday, September 03, 2014 2:37 AM
Wonderful post is just GREAT!!!
Reply to comment


Wholesale Lingerie on Friday, September 05, 2014 5:54 AM
Wholesale Sexy Lingerie,High Quality!Low Price! Wholesale Leggings,Plus Size Corsets,Wholesale Halloween Costumes From China Suppliers LingeriePark.Wholesale Only,No Retail!
Reply to comment


follow this link on Wednesday, September 10, 2014 11:05 AM
Some people got frightened when warrants out. Some people become hopeless and do not know how to get rid of this or how to get a bail. In these situation people need good lawyer who can get them easy bail. The situations or accusations could be different for each people so the lawyers should have good experiences also.
Reply to comment


cheap fake ray bans on Sunday, September 28, 2014 9:30 AM
you're really a good webmaster. The website loading speed is amazing. It seems that you are doing any unique trick. Furthermore, The contents are masterpiece. you've done a wonderful job on this topic!
Reply to comment


prosolutions.com on Friday, October 24, 2014 2:03 AM
Outstanding details to many people love to understand content articles to master about these concerns associated with wonderful curiosity. Because of this we can easily be aware that your site is very Superb, Kind regards for the efficiency, I'm hoping anyone still publish such beneficial content articles. I'm pleased that you shared this kind of very helpful info around. Make sure you maintain us well informed this way.
Reply to comment


love problem solution specialist on Monday, November 03, 2014 5:10 AM
I just want to say I am just very new to blogging and site-building and absolutely loved this website. Almost certainly I’m planning to bookmark your blog post.
Reply to comment


telicando marafecco on Thursday, November 20, 2014 6:13 PM
Die Argumentation ist in der Regel zu Angebot nimmt, um Spieler und ihnen helfen, ihnen ermoeglichen, einen Vorteil zu bekommen ein Vorteil arbeiten mit Exploration und Expertise waehrend im field . telicando marafecco http://telicandomarafecco24.com telicando marafecco
Reply to comment


swiss watch manufacturer on Friday, December 26, 2014 4:59 PM
I have learn a few good stuff here. Definitely price bookmarking for revisiting. I wonder how much effort you set to make this sort of fantastic informative site.
Reply to comment


lover-fashion on Wednesday, July 01, 2015 5:24 AM
I just want to say I am just very new to blogging and site-building and absolutely loved this website. Almost certainly I’m planning to bookmark your blog post.
Reply to comment


Wilber Wolfson on Thursday, October 15, 2015 9:10 AM
Strong, nice and... expensive?
Reply to comment


Archie Crace on Tuesday, October 27, 2015 4:48 PM
Saving the door frame is always?
Reply to comment


Willie Bobzien on Tuesday, October 27, 2015 5:26 PM
Good doorways can be not?
Reply to comment


Ferdinand Paulauskas on Wednesday, October 28, 2015 9:39 AM
notebook through addresses?
Reply to comment


legalconclave on Saturday, October 14, 2017 4:41 AM
I like the post Its has nice article It's really effective and very impressive, We hope this information will help everyone.We are interested in looking for more of such topics.
Reply to comment

Add a Comment

Your Name:
Email Address: (Required)
Website:
Comment:
Make your text bigger, bold, italic and more with HTML tags. We'll show you how.
Post Comment