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11 month old dials 911, police arrive and bust dad

Discussion in 'Sports and News' started by JR, Jan 21, 2009.

  1. JR

    JR Active Member

    http://www.thestar.com/news/canada/article/574582

    Police find 500 plant marijuana plant grow-op.

    My question is, after they figured the kid phoned 911 by mistake, what right did they have to search the house?
     
  2. What's Canadian search-and-seizure law?
    There would be Fourth Amendment problems out the kazoo down here. An 11-month old dialing can neither give consent, nor is it probable cause.
     
  3. Football_Bat

    Football_Bat Well-Known Member

    Of course, in Canada he'll just get a light fine and a lecture from the judge.
     
  4. PeteyPirate

    PeteyPirate Guest

    Have we already forgotten?

    http://www.sportsjournalists.com/forum/threads/65808/
     
  5. JR

    JR Active Member

    Well, the Charter of Rights and Freedom say:

    8. Everyone has the right to be secure against unreasonable search or seizure.
     
  6. three_bags_full

    three_bags_full Well-Known Member

    If there 500 marijuana plants in the house, some paraphernalia was probably present and visible, which would've given them the probable cause to search.
     
  7. JR

    JR Active Member

    Problem is they didn't have a warrant to search the premises.
     
  8. three_bags_full

    three_bags_full Well-Known Member

    Doesn't matter here. If a crime is displayed in plain sight, they can begin a search. http://en.wikipedia.org/wiki/Plain_view_doctrine
     
  9. JR

    JR Active Member

    It may not matter here either.

    I have to look into this. I'll report back. ;)
     
  10. JC

    JC Well-Known Member

    I'm not sure of the leagal ramifications of not having a warrant but I'm glad they got the child out. Whether he is charged or not, the kid is not safe in that house.
     
  11. mustangj17

    mustangj17 Active Member

    Right on. Plain view is an exception to the 4th amendment.
     
  12. mustangj17

    mustangj17 Active Member

    This is one of the few things I remember from Criminal Justice.

    If they chase a murderer into your house and see a pile of coccaine, they can start searching your home.
     
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