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The Range
Law & Order
Warrantless search - Rogers County
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<blockquote data-quote="tweetr" data-source="post: 3942867" data-attributes="member: 5183"><p>I guarantee that was not the reason for the search and is in fact a lie. The actual reason almost certainly is a vehicle description.</p><p></p><p>"3. Search without a warrant of an automobile, and seizure therein of liquor subject to seizure and destruction under the Prohibition Act, do not violate the Amendment, if made upon probable cause, <em>i.e.,</em> upon a belief, reasonably arising out of circumstances known to the officer, that the vehicle contains such contraband liquor. P. <a href="https://supreme.justia.com/cases/federal/us/267/132/#149" target="_blank">267 U. S. 149</a>."</p><p> </p><p>This search would not comply with my reading of Carrol as there was no probable cause to form a belief reasonably arising out of circumstances known to the officer that THAT car contained "contraband." And, I further add, there was no seizure of [marijuana] from the vehicle because there was no [marijuana] in the vehicle to be seized!</p><p></p><p>Is marijuana even "contraband" in Rogers County, had they found any?</p></blockquote><p></p>
[QUOTE="tweetr, post: 3942867, member: 5183"] I guarantee that was not the reason for the search and is in fact a lie. The actual reason almost certainly is a vehicle description. "3. Search without a warrant of an automobile, and seizure therein of liquor subject to seizure and destruction under the Prohibition Act, do not violate the Amendment, if made upon probable cause, [I]i.e.,[/I] upon a belief, reasonably arising out of circumstances known to the officer, that the vehicle contains such contraband liquor. P. [URL='https://supreme.justia.com/cases/federal/us/267/132/#149']267 U. S. 149[/URL]." This search would not comply with my reading of Carrol as there was no probable cause to form a belief reasonably arising out of circumstances known to the officer that THAT car contained "contraband." And, I further add, there was no seizure of [marijuana] from the vehicle because there was no [marijuana] in the vehicle to be seized! Is marijuana even "contraband" in Rogers County, had they found any? [/QUOTE]
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