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cjustice
Administrator
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Posted: Wed May 14th, 2008 03:27 am | 1st Post |
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By: David Waksman
Police officers routinely respond to violent domestic disputes. Usually the parties live together. What happens when she tells you that he keeps his stash in that dresser drawer and he beats her whenever he gets high. Can you search the dresser or the premises on her say so alone. Must he also consent?
READ ON
http://www.police-writers.com/articles/waksman_consent_searches.html
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dvinsontwintowers410
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Posted: Mon Jul 21st, 2008 09:46 pm | 2nd Post |
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| I feel that in some cases that the women what`s these men to stay at home with them. But in most cases the officers should take both male and female when violence is present.
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ealvareztwintowers410
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Posted: Tue Jul 29th, 2008 06:39 pm | 3rd Post |
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| THEY BOTH LIVE TOGETHER SHE HAS ACCESS TO THE AREA I BELIEVE THAT SHE IS ABLE TO GIVE CONSENT TO THE AREA.
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twebstertwintowers410
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Posted: Wed Aug 6th, 2008 01:46 am | 4th Post |
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| I believe that if the area to be searched is considered a common area, both having dominion and control, Iit may be searched with her consent only. I am sure when you find the eight ball of dope he will argue that the search was illegal. I would have her sign a consent to search and audio tape her response as well.
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Gpantoja410brea
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Posted: Sun Mar 29th, 2009 12:39 am | 5th Post |
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If you can establish the living arrangement between the two parties and find that she is the only person on the lease. Have her sign a Consent to Search and have at it.
Otherwise, especially with our liberal California courts, it would be best to just dot the "I's" and cross the "t's". In this case, if it is found that the guy also has standing in the location, and more so if the dresser is his and only his things are in it...hands off. Go get a warrant.
Now, if the female were to know that the officers cant just go searching and decides she wants to take the stash out from drawer which contains only his things...he's yours. Otherwise, if there is evidence of a domestic situation that you can arrest him for, by all means do so.
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