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Question about search and seizure with terrorism?

Discussions relating to Drug Laws

Question about search and seizure with terrorism?

Postby chiram97 » Tue Dec 13, 2011 10:24 am

I understand that if you illegal obtain anything criminal such as weapons, drugs, etc. without a search warrant or probable cause it will get thrown out in court. But what if a police officer was to illegally enter a house or search and car and found information for plans to kill mass amounts of people in the United States and from this illegal search it was founded that this suspect is associated with Al Qaeda. What exactly would happen in this case. I understand that plenty of murders, rapes, and drug pinches have been throw out in court due to an illegal search and seizure but would a plan to terrorize the United States in some way from a member of Al Qaeda or any other terroristic organization be thrown out in court because of this law or would they find a loop hole.

Hypothetically when they searched this house they found fake ids, blue prints of buildings marking every weak point, ingredients to make bombs, videos on how to make and hide these bombs, actual recordings from this person saying he is Al Qaeda and is doing this to destroy America. You get the point.. And this person was NOT on the FBI watch list or anything. He was not wanted. He was not known to be Al Qaeda until this illegal search and seizure occurred.
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Question about search and seizure with terrorism?

Postby boynton35 » Tue Dec 13, 2011 10:37 am

Obviously, this alleged police officer violated the law by "breaking into" a house regardless of what he found. However, if all this stuff was found, the officer will come up with "some reason" why he should be able to enter the house legally as a policeman. The officer can always go to the door of the house and tell the resident there have been reports of drug activity at that dwelling and ask the resident if he can look. If the resident refuses, the officer "could" show probable cause and get a judge to sign a search warrant in a matter of less than an hour, if that long. Once in the dwelling legally, anything illegal the officer finds can lead to immediate arrest.
There is usually more than one way to skin a cat, especially with the police!
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Question about search and seizure with terrorism?

Postby eorl » Tue Dec 13, 2011 10:40 am

Assuming all of this happened on US soil, a police officer couldn't even set foot on that person's property unless he had received a complaint from several of the neighbors of suspicious activity taking place on the property. Even then, a complaint from neighbors isn't enough for a search warrant, so all the police could do would be to knock on the owner's door and ask him a few questions about what he's doing. The Officer could then only try to establish probable cause on what he's told and how the subject reacts to the questioning, as well as if there's anything he or she can see inside or around the house that looks out of the ordinary. Depending on how much information is gathered, they may or may not be able to get a search warrant on the property. If there is no search warrant, then they can not go into the house for any reason. Otherwise should the subject commit the crime everyone thinks he's going to commit then anything the police found prior to that would by our own laws be inadmissible as evidence and thrown out. This is all based off of the premise of "innocent until proven guilty". And besides that you can't really try someone for something they haven't done, or haven't yet done.
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