posted on Jul, 17 2012 @ 04:55 PM
reply to post by FORMe2p00p0n
Exception to the 4th amendment as established by the US Supreme Court -
Exclusionary rule -
Plain sight doctrine.
Also and people seem to be skipping over this. The police were disptached after receiving a phone call about guns being sold at a garage sale.
California law is extremely resitrictive when it comes to the purschase / sale of firearms.
The police had reasonable suspicion to initiate an investigation to determine what was going on. The garage sale took place on the curtlige of the
property. The Supreme Court has ruled cutlige is part of the home but have less protection than the inside of a home. That will be dependant on 4
factors the Supreme Court established while reviewing the open field exception to the 4th.
There is a difference between something in plain sight and a search. Plain site is something that can be articulated by the officer as being illegal /
contraband by site and not manipulation only. The officer in the video looked at the guns but did not pick any up or move any.
There was no 4th amendment violation by the police...
The police responded to investigate a possible crime and upon arrival the items in question were in plain view from the street so the police did not
need a warrant to come onto the property nor were they trespassing since their appearence on scene was the result of a call for service.
ONce it was determined no crime took place, the officers left...
I encourage citizens to know the law, their rights and how it all works... In this case the people telling the cops to leave were in the wrong.