Just a hypothetical distraction

stevenvalleyagain

10 pointer
Aug 15, 2005
1,693
Valley station
I have mentioned the thieving, worthless junkies that live across the street from me. The neighbor and I need to settle a bet now.
About 2 hours ago, police descended on my neighborhood in force. There was a cop car on every corner and they ended up bringing in 3 canine units to search for a violent felon who cut off his ankle bracelet and was seen running thru back yards on my street. The canines went thru every yard, front and back looking for this guy.
Now to the bet. I stated that I believed if the dog alerted to drugs in the junkies house across the street and they let the cops in to look for him and didnt find the suspect but found drugs, it would get thrown out of court. I argued that it would be inadmissible evidence since they werent there looking for drugs but were looking for a fugutive. Particularly if they let the cops in without a search warrant. The lady next door says that it would be admissible and that they would go to jail.
Dogs didnt alert over there so we didnt get the pleasure of watching them locked up but it would have been awesome. Anyone know the answer and can settle this bet?
 

Tufrthnails

10 pointer
Oct 27, 2014
1,196
Lakeland, FL
Haha I got no clue, but I think it is funny that you jump on a hunting forum with a question about legal issues. I have no doubt there is probably someone that has experience in this because of the wide range of jobs and education hunters have. But it is still funny!
 
Why is it funny to post anything in the "Community Forum" which is part of the "NON-HUNTING FORUMS"? Just curious.

To the op, the warrant must specify what they are looking for. If they are there lawfully and see contraband in plain view, my bet is they can and will charge you. They can do anything they want and it's up to you to pony up thousands of $$ you may not have to fight it.
 

stevenvalleyagain

10 pointer
Aug 15, 2005
1,693
Valley station
Why is it funny to post anything in the "Community Forum" which is part of the "NON-HUNTING FORUMS"? Just curious.

To the op, the warrant must specify what they are looking for. If they are there lawfully and see contraband in plain view, my bet is they can and will charge you. They can do anything they want and it's up to you to pony up thousands of $$ you may not have to fight it.
Lol..not me, I stay out of trouble, but thank you. Was hoping that the junkies would get busted.
I know there are people from this forum from all walks of life, including 2 lawyers that I know of.
 

GrouseAssasin

12 pointer
Aug 1, 2009
2,460
Jackson, ky
House full of junkies across the street, violent felons running around off their leash......Sounds like you need to make like the Clampetts and move away from there
 

stevenvalleyagain

10 pointer
Aug 15, 2005
1,693
Valley station
House full of junkies across the street, violent felons running around off their leash......Sounds like you need to make like the Clampetts and move away from there
I really wish I could. Its not like I live in one of the rougher parts of valley station like valley village or valley downs. When we moved in it was a neighborhood full of old people. Now, many of them have died and many of the houses have become rentals. That coupled with the sharply increasing heroine problem and the city shutting down the housing projects and shipping the crime to valley and PRP has made it bad quickly. Southwest Louisville is actually considered the epicenter of the heroine epidemic in Louisville. We will get out of Louisville the first chance we get but its gonna be a long time.
 

EdLongshanks

12 pointer
Nov 16, 2013
19,463
Northern Kentucky
I'm thinking the state would prosecute in the situation you described. The cops were given permission to enter the home and if they witness criminal activity....they have the authority to prosecute. Why would it be different if they found a murder scene?
 

HillBillyFiveO

8 pointer
Aug 15, 2005
715
Newport, KY
I have mentioned the thieving, worthless junkies that live across the street from me. The neighbor and I need to settle a bet now.
About 2 hours ago, police descended on my neighborhood in force. There was a cop car on every corner and they ended up bringing in 3 canine units to search for a violent felon who cut off his ankle bracelet and was seen running thru back yards on my street. The canines went thru every yard, front and back looking for this guy.
Now to the bet. I stated that I believed if the dog alerted to drugs in the junkies house across the street and they let the cops in to look for him and didnt find the suspect but found drugs, it would get thrown out of court. I argued that it would be inadmissible evidence since they werent there looking for drugs but were looking for a fugutive. Particularly if they let the cops in without a search warrant. The lady next door says that it would be admissible and that they would go to jail.
Dogs didnt alert over there so we didnt get the pleasure of watching them locked up but it would have been awesome. Anyone know the answer and can settle this bet?

To the best of my knowledge it would go something like this.

The dog alerts (not sure if the dogs alert differently to a human versus dope) and they knock on the door. They ask if they can search the house for the bad guy. They go in and find dope laying around. At that point, they should seize said dope, and secure the house. Then, taking that information, fill out a search warrant and have it signed by the judge. Then commence the search for the rest of the dope. The initial dope is admissible, if it were in plain view, or found in a location big enough for a bad guy to hide (closet, hope chest, basement, etc). If it were found in a bread box, then no, not admissible, assuming they entered looking for the bad guy.

Much of this hinges on the neighbors allowing them in. To the best of my knowledge, dogs alerting do not replace the need for a search warrant. They are probable cause for one tho.

Floyd T.
 

stevenvalleyagain

10 pointer
Aug 15, 2005
1,693
Valley station
To the best of my knowledge it would go something like this.

The dog alerts (not sure if the dogs alert differently to a human versus dope) and they knock on the door. They ask if they can search the house for the bad guy. They go in and find dope laying around. At that point, they should seize said dope, and secure the house. Then, taking that information, fill out a search warrant and have it signed by the judge. Then commence the search for the rest of the dope. The initial dope is admissible, if it were in plain view, or found in a location big enough for a bad guy to hide (closet, hope chest, basement, etc). If it were found in a bread box, then no, not admissible, assuming they entered looking for the bad guy.

Much of this hinges on the neighbors allowing them in. To the best of my knowledge, dogs alerting do not replace the need for a search warrant. They are probable cause for one tho.

Floyd T.
Thanks for answering. Guess I owe her a dollar.
 

muddhunter

12 pointer
Oct 18, 2005
5,011
louisville
Thanks for answering. Guess I owe her a dollar.

The consent to search the residence is as good or better than a warrant. The consent to search the residence is valid until the homeowner withdraws consent. This would be the point where law enforcement would be required to exit the home promptly with whatever they have found legally or apply for a search warrant based on evidence put together at that point.

The fact that the dog indicated on house (which is unlikely since dog was probably a dual purpose k9 being utilized as a bite dog at that point) or did not indicate on the house would be irrelevant in the courts eyes if a consent was given.

The dog alert may come into play if law enforcement had to apply for the search warrant. Either way you owe your neighbor a dollar.
 

richief

10 pointer
Jun 20, 2012
1,368
down a holler SE KY
Yep, allready explained but another example: A cop pulls someone for speeding, in the course of his duties he observes drugs in the car, he now has probable cause to search and doesn't need a search warrant.
 

useyourbow

12 pointer
The whole thing could hinge on the consent. If the cops showed up at the door and stated there is a loose felon in your neighbor can we come in and search "for him". Most likely the argument could be made that any other findings would not be valid in court. Not to say they wouldn't be hauled into jail. The prosecutor most likely wouldn't pursue because of "tainted fruit". However, not even the most liberal of judges would deny a LEO request for a search warrant after observing illegal activity. My $0.02
On a side note. If the drug heads just allowed LEO to enter the home they are dumber than you already think. LOL
 


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