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Old Jan 13, 2010 | 9:49 am
  #311  
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Originally Posted by TSORon
Not according to the law it dosent.

But to further the point. An officer is allowed into a home for some reason (nothing specific) and see's 5 pounds or even a single ounce of marijuana sitting on a table. He arrests the homeowner / resident. Has he violated the homeowner / residents constitutional rights? No. Better yet, the officer has a warrent for a search for a stolen car, but when he opens the garage he discovers a meth lab. He arrests the homeowner / resident. Has he violated the homeowner / residents constitutional rights? No.

It does not matter if it is a search, a casual encounter, or an administrative search, they all fall into the plain sight rule, the same thing applies to the administrative search that the TSA performs. If we find it during a legal search then it is fair game.
your answers are actually both yes and no as the "in plain sight" issue is still a very grey area and it all depends upon how the officer entered, with a warrant/without a warrant and how specific the warrant is and how the judge will interpret both atty's arguments as to the seizure and arrest

Originally Posted by TSORon
I do, and this is one of those words that spell check just is not going to pick up. Stop complaining about spelling and read the posts.
first off, i did read your post but you apparently didn't read all of mine as directly above my "steeling" comment was in fact a response to your post but in case you missed it....

witnessing someone stealing (your example) is against the law and should be reported but transporting "large amounts of currency" may or may not be against the law as you do not (n.b. do not) know if a law has been violated as you do not (n.b. do not) know if said transporter of currency has or has not completed any required paperwork and as such, you as an individual may or may not be held liable for any damages incurred by the person you reported
now as to my "steeling" reference, yes, my bad as i forgot a "" but think back to your reference to me as "gman" where i thought you were inferring that i worked for the g but in fact you were shortening my name. a little humor dished out also needs to be a little humor taken, right?
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