Felony convictions vs search & seizure - Security & Legal Issues - International Cannagraphic Magazine Forums

Maggie · 10-01-2007, 10:53 PM

Here is a hypothetical situation:

A person has two felony convictions - drug related - from approximately 20 years ago. The person is not presently under any continuing court imposed sanctions (e.g. parole). Can LEO enter his residence - sans warrant - and conduct a search without probable cause?

This person indicated to me that his status as a convicted felon means that he has to submit to searches any time that LEO wishes without the LEO having either a warrant or probable cause. Person resides in the US.

Thanks for any & all input.

Maggie

trouble · 10-01-2007, 11:14 PM

Quote:

Originally Posted by Maggie

Here is a hypothetical situation:

A person has two felony convictions - drug related - from approximately 20 years ago. The person is not presently under any continuing court imposed sanctions (e.g. parole). Can LEO enter his residence - sans warrant - and conduct a search without probable cause?

This person indicated to me that his status as a convicted felon means that he has to submit to searches any time that LEO wishes without the LEO having either a warrant or probable cause. Person resides in the US.

Thanks for any & all input.

Maggie

I would think the laws may vary state to state, however, I dont see how any state can do this if the person is not on parole. It doesn't sound right to me, then again, nothing LEO does would surprises me.

.....

10-01-2007, 11:18 PM

No, that is double jeopardy. That person has paid their debt to society. If he's in a jail cell, that's one thing, but if he's a free man, they have no legal authority to overthrow his constitutional rights based on prior (paid for) convictions.

CCronik · 10-01-2007, 11:20 PM

As long as he isnt on parole or probation then they cannot search his home or personal property without probable cause. Im pretty sure the only right you give up when you commit a felony is the right to bare arms.

10-01-2007, 11:23 PM

Quote:

Originally Posted by CCronik

As long as he isnt on parole or probation then they cannot search his home or personal property without probable cause. Im pretty sure the only right you give up when you commit a felony is the right to bare arms.

And the right to vote!!!!

GCG

10-01-2007, 11:30 PM

Haha...says who? Felons have more guns than anyone else, lol.

RED145 · 10-01-2007, 11:45 PM

Not sure what they are,but as a convicted felon,you lose alot more than your guns and voting rights,definately not the kind of hypothetical situation I would want to be in,good luck.

Grat3fulh3ad · 10-01-2007, 11:56 PM

I vote... I own a gun... Afaik no-one has the right to enter my home without a warrant... I've been pulled over several times over traffic violations without being either searched or detained over the course of the past 13 or so years...

I cannot, however get into Canada...

:wink:

10-02-2007, 12:31 AM

well i hope this person isn't in the south... the popo seem like they can do anything just as long as the ends justify the means.
paco

Verite · 10-02-2007, 01:04 AM

Theres no law stating convicted felons are forced to give up their 4th amendment rights to illegal search and seizure. LEO is still required to get a warrant. Previous convictions are not grounds for probable cause either.

10-01-2007, 10:53 PM	#1
Maggie New Member Join Date: Aug 2006 Posts: 8	Felony convictions vs search & seizure Here is a hypothetical situation: A person has two felony convictions - drug related - from approximately 20 years ago. The person is not presently under any continuing court imposed sanctions (e.g. parole). Can LEO enter his residence - sans warrant - and conduct a search without probable cause? This person indicated to me that his status as a convicted felon means that he has to submit to searches any time that LEO wishes without the LEO having either a warrant or probable cause. Person resides in the US. Thanks for any & all input. Maggie
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10-01-2007, 11:20 PM	#4
CCronik Is wising he was in the dam Join Date: Jun 2006 Location: Icmag.com Posts: 230	As long as he isnt on parole or probation then they cannot search his home or personal property without probable cause. Im pretty sure the only right you give up when you commit a felony is the right to bare arms. __________________ "Expect the results and process to go fantastic!" I think the reason people of experience are able to top their previous best is the fact that what we believe will happen often does. This is the power of soul, the power of you! This power is love in reality. So, Love yourself and believe in yourself and you will exceed your expectations. Those who have unrealistic expectations never get what they expect but if we are patient we can achieve any goal. In this dimension we have this power but it isn't instantaneous. It takes time and a thing called perseverance."-BOG
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10-01-2007, 11:56 PM	#8
Grat3fulh3ad The Voice of Reason Join Date: May 2006 Location: Shambhala Posts: 8,461	I vote... I own a gun... Afaik no-one has the right to enter my home without a warrant... I've been pulled over several times over traffic violations without being either searched or detained over the course of the past 13 or so years... I cannot, however get into Canada... :wink: __________________ Plant Nutrition Understanding Inorganic Salts "In science it often happens that scientists say, 'You know that's a really good argument; my position is mistaken,' and then they actually change their minds and you never hear that old view from them again. ... It happens every day. I cannot recall the last time something like that happened in politics or religion." – Carl Sagan "There is rebirth of character, but no transmigration of a self. Thy thought-forms reappear, but there is no egoentity transferred. The stanza uttered by a teacher is reborn in the scholar who repeats the words. Only through ignorance and delusion do men indulge in the dream that their souls are separate and self-existent entities.""Our thinking is gone, but our thoughts continue. Reasoning ceases, but knowledge remains." – Buddha Last edited by Grat3fulh3ad; 10-01-2007 at 11:58 PM..
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10-02-2007, 01:04 AM	#10
Verite My little pony.. my little pony Join Date: Jul 2005 Posts: 4,750	Theres no law stating convicted felons are forced to give up their 4th amendment rights to illegal search and seizure. LEO is still required to get a warrant. Previous convictions are not grounds for probable cause either. __________________ Strains by Verite .......................... Holy Grail Intro, Seeds at Seebay, Private Breeders Orange Diesel Intro, Seeds now at Seedbay
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10-01-2007, 11:18 PM	#3
Guest Guest Posts: n/a	No, that is double jeopardy. That person has paid their debt to society. If he's in a jail cell, that's one thing, but if he's a free man, they have no legal authority to overthrow his constitutional rights based on prior (paid for) convictions.
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10-01-2007, 11:30 PM	#6
Guest Guest Posts: n/a	Haha...says who? Felons have more guns than anyone else, lol.
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10-01-2007, 11:45 PM	#7
RED145 Banned Join Date: Aug 2007 Posts: 571	Not sure what they are,but as a convicted felon,you lose alot more than your guns and voting rights,definately not the kind of hypothetical situation I would want to be in,good luck.
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10-02-2007, 12:31 AM	#9
Paco Guest Posts: n/a	well i hope this person isn't in the south... the popo seem like they can do anything just as long as the ends justify the means. paco
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