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Police entered my friends house

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antwone
Posts: 1352 - Karma: 157
   We were chillin at my friends house, we were prolly about 15 person. sometimes people'd go smoke outside. At some point there was a guy showing me a magic trick, so i couldnt see the glass door. Then some guy yelled police! When i turned back my friend was being dragged outside by the arm. He argued with them for a while. They said that they received a complaint about people chillin outside (in french flanage). They seized my friend's pot (about 10 grams) and scheduled a court date for possesion.
Basically they said he was in infraction.
   at first, the police was just coming to see what was happening inside, but they saw through the window that my friend was  rolling a joint and just entered and seized it.
   Other guys that were there said that the police couldnt do that, that they couldnt enter someone's property without a warrant, or that they had to knock at the door and wait for someone to open before entering the house.

I didnt have an opinion on this, but why come seize a small amount of pot when you had a complaint about people chillin outside?

What do you guys think? who was in infraction knowing that this happened in Quebec.
Dec 6 2009 9:23PM
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unchyll
Posts: 4554 - Karma: 96
that sucks but if they actually see some one rolling a joint in the house they can do what ever
its like if you get pulled over and they say they smell weed, that is plenty probable cause to get your car searched
Dec 6 2009 9:27PM
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jeremy.g
Posts: 4931 - Karma: 459
im pretty sure if they can see evidence of smoking/underage drinking or whatev it gives them the right to enter the house without a warrant or your permission
Dec 6 2009 9:33PM
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soulskier
Posts: 17806 - Karma: 3,841
police threads are sooo hot right now


does anyone know canadian law?
Dec 6 2009 9:34PM
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Noss.
Posts: 4059 - Karma: 149
sucks
Dec 6 2009 9:36PM
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207
Posts: 8969 - Karma: 3,846
the US law is that if they have reasonable proof that there is illegal activity going on in your vehicle/house they can enter without a warrant. If a cop pulls you over and theres weed in your bag but theres no smell, then they cannot search your car because they don't have reasonable proof. Some cops will trick you into allowing them to search your car, so when in doubt say "officer, I do not consent to warrants."
Dec 6 2009 9:37PM
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Motes
Posts: 1840 - Karma: 90

they still have to knock they can just barge in, at least thats how it is in the us.  They dont need a warrent if they have enough suspecision (probably just butchered that word). 

Also why is the house in blue for both of the posts?

Dec 6 2009 9:38PM
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soulskier
Posts: 17806 - Karma: 3,841
advertisement, its a link to a snowboard site
Dec 6 2009 9:40PM
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KrazyistKarl
Posts: 1725 - Karma: 599
did the cop at least inform you upon entering that he was a cop. but regardless he cant enter your home without consent
Dec 6 2009 9:42PM
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ski_ENDUB
Posts: 2535 - Karma: 86
yes, they're like vampires. they can't enter unless they're invited in. at least in AMURICA
Dec 6 2009 9:46PM
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KarmaInitiative
Posts: 2028 - Karma: 174
you say "i do not consent to any searches", it doesnt matter if you consent to a warrent
Dec 6 2009 9:48PM
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PAuL_Hellar
Posts: 1355 - Karma: 62
that sux
Dec 6 2009 10:10PM
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Mr.Panda
Posts: 17711 - Karma: 564
Your crazy spinning rainbow sheep that looks like Arabian's icon made me get distracted.
Dec 6 2009 10:15PM
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CarRamRod
Posts: 533 - Karma: 28
yeah its the "plain view doctrine" which means that if an officer sees criminal evidence in plain view, the officer may seize that evidence....yay criminal justice major!
Dec 7 2009 12:47AM
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Dustin.
Posts: 13839 - Karma: 7,704
This.  It falls under many of the exigent circumstances associated with Search and Seizure.
Dec 7 2009 12:53AM
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marinejonny19
Posts: 221 - Karma: 11
the plain view doctrine is actually a state law not a federal law, different states have different degrees of it. For instance NY, if i remember correctly, doesnt have a plain view doctrine.

Also the cop cant just be snoopin around for no reason. meaning cops cant just go from house to house lookin in windows hopin to see somethin illegal, as a citizen you have a reasonable expectation of privacy in your own home.

However, if your a dumb ass thats lettin your friends smoke pot outside and inside your house and leavin windows open durin a loud party that most likely the neighbors are gonna call the cops on then your gonna get fucked.

whatever possesion charges, as long as they dont tact on "intent to sell" are like traffic tickets, no big sweat.
Dec 7 2009 1:30AM
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Caligirlzzz127
Posts: 143 - Karma: 551
cool story
Dec 7 2009 2:23AM
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antwone
Posts: 1352 - Karma: 157
we werent loud at all, weve been 10 times worst so many times and nothing happened
Dec 7 2009 8:44AM
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twin-tip-hero
Posts: 2896 - Karma: 277
yeah dude if anything bad is in view of the police officer, they can just enter in and do whatever they want. Now if he is at the door, and asks if he can com in, and h does not see anything then you can tell him no.
Dec 7 2009 8:52AM
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An10a_Eng
Posts: 2505 - Karma: 26
yeah dude the cops did nothing wrong, you did
Dec 7 2009 12:04PM
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rYb
Posts: 944 - Karma: -12

Something like this happened at a party i was at.

Cops came everyone rushed inside and just chilled in the basement pretty much dead silent as they knocked on the door. They can't come in unless someone answered the door and they left in a half hour or so. Most people just left all their "illegal" stuff in the house or something. We got stopped by the cops on the way out and we just said you have no reason to search me and left. Google entry laws for quebec or something. I don;t think this is legal for the cops to do in canada.

Dec 7 2009 12:16PM
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1337
Posts: 31054 - Karma: 29,231
to searches without warrents.

and can't help you on this one, I don't know french law, but that sucks, i would fight it if its the same rules as in the US
Dec 7 2009 12:19PM
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Steezius_Maximus
Posts: 1152 - Karma: 22
yo in quebec every fucking whino has weed they should stop making such a big deal about it
Dec 7 2009 12:52PM
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Dustin.
Posts: 13839 - Karma: 7,704
Actually the "plain view" is an exception based on the 4th Amendment, and it is the Federal Standard.  There are state exceptions that tack onto it though, so it could vary slightly.
Dec 7 2009 2:18PM
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baethoven
Posts: 4953 - Karma: 332
shoulda partied with the blinds down..


c'mon
Dec 7 2009 2:22PM
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canterbury
Posts: 2382 - Karma: 55
hahaha, fail. pretty sure they'd laugh so hard they'd forget they were giving you a warrant.
Dec 7 2009 2:25PM
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aPoulin
Posts: 65 - Karma: 13
thats bad bro ! where did that happen ? mtl ?
Dec 7 2009 2:28PM
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antwone
Posts: 1352 - Karma: 157
happened in saint-sauveur in the on-piste condos
Dec 7 2009 2:32PM
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Bright_Nation
Posts: 400 - Karma: 12
Yep, if you get a complaint called in on you and the cops show up, make sure they can't see inside.  They can not enter your house unless they can see a violation occurring inside.  We tape garbage bags over the windows to make sure they can't see us.

 If they can't see the party, they can't bust the party.

I think the smell of weed might also give them probable cause to enter your house, but I'm not sure on that one.
Dec 7 2009 2:57PM
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3R1C
Posts: 367 - Karma: 14
bummer
Dec 7 2009 3:55PM
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Dosh
Posts: 1818 - Karma: 14
i believe JD is studying law in canada right now. talk with him
Dec 7 2009 5:00PM
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