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Originally Posted by blondemoments well they couldn't seize it right THEN....because they would have to go get a search warrant...and that takes a little time, a little thing called following procedure. |
Why do they need a search warrant? The item is in plain view to the public, the owner is there with proof of ownership?? I know that if I get stopped in my car, and an officer wants to search my car, he doesn't need a search warrant if I give my consent to the search.
Here is some quick research I did on the web...
http://conlaw.usatoday.findlaw.com/c...ment04/04.html Quote:
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''Plain View.''--Somewhat similar in rationale is the rule that objects falling in the ''plain view'' of an officer who has a right to be in the position to have that view are subject to seizure without a warrant or that if the officer needs a warrant or probable cause to search and seize his lawful observation will provide grounds therefor. The plain view doctrine is limited, however, by the probable cause requirement: officers must have probable cause to believe that items in plain view are contraband before they may search or seize them.
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Seems to me that under this provision of the law that there would be no need to get a search warrant.