Incidental Drug Busts Okayed in New York
Police have long been allowed to do things in an emergency that would be constitutionally prohibited under normal circumstances. Now if police find drugs on an emergency search made for an unrelated reason the dope can be used as evidence even though it was found without a search warrant.. For example, they can search a hotel or house without a warrant if they believe a burglar or mufidtrer is loose on the premises. The New York Court of Appeals recently wrote the first guidelines for these emergency actions; (1) Police must have reasonable grounds to believe there is an immediate need for their assistance to protect life or property: (2) The search must not be primarily motivated by intent to arrest or seize evidence: and (3) There must be some icason to associate the emergency with the area or place to be searched.
Continue reading here: California Sets Double Search Standards
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