Posted by tleemay on January 11, 2005 at 10:41:12:
In Reply to: Food for thought posted by Elaine on January 11, 2005 at 10:15:36:
I'm not a lawyer, but I have been involved in
many legal preceedings on the white collar civil
and criminal level. So take this observation for
what it's worh.
In your example above;
If the liquor store just got robbed, I can see the searching for reasonable cause. Someone reported
the alledged crime to the law authorities, whom
have the duty and empowerment of enforcement to
To equate that scenario to a boat full of divers;
If divers are on the boat, what is the reasonable
cause? Did someone witness and report poaching on
the boat that day to DF&G? If not, it looks like
the DF&G is searching without suspicion that a
crime has been committed in the first place. Isn't
that a "presumptious" assumption made on their part?
I see the argument for reason due to fishing poles
and dive gear being on deck in plain sight. What
if a CHP stops and searches your vehicle because
he sees you light a cigarette with a Bic lighter.
He received a report of an arson set fire down the
street and now want's to look in your trunk for
I am streatching a bit, but I hope you get what I
am trying to convey.
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