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no no no, what im saying is the plain view has to be from outside the vehicle. and let me break this down here :)..."Its not illegal for a cop to stick his head in the vehicle especially if he detects an odor of controlled substances." Two parts here, if he sticks his head in the car, it IS illegal for this reason. See, he had the legal right to pull the car over, giving him the right to be there, however, if he sticks his head in the car, it becomes a search, which, w/o a warrant, or consent, is illegal. Now, if he smells an odor coming from the car, that is a different story, b/c that gives him probably cause/reasonable doubt that there is an illegal substance in the car, and he can than legally proceed from there, w/ no warrant necessary. So, where the exclusionary rule would apply is if retrieved that evidence by searching the vehicle with the absence of what i said above.
Chris
aim=ylwttz
1990 custom yellow stage X TT
--468.8rwhp/494.5rwtq
1990 2+2 stage 4+ (sold)
It is ridiculous claiming that video games influence children. For instance, if Pac-man affected kids born in the eighties, we should by now have a bunch of teenagers who run around in darkened rooms and eat pills while listening to monotonous electronic music. |
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02:28:37 03/02/03
