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Re:Woman sues after DNA from rape kit used to arrest her by anigbrowl on Tuesday September 13, 2022 @03:16PM (#32828991)
It's burglary this time, what if it was homicide?

I remember being very troubled by a case from years ago about a cop who knocked on someone's door because neighbors had heard screaming. The resident and his girlfriend had been having loud sex, but agreed to let the cop verify no violence was taking place. During the visit the cop noticed some cannabis plants and the man was convicted of possession with intent to distribute.

My rule of thumb if I were rewriting the law would be that the inadvertently discovered crime must be as or more serious than that which is being reported/investigated. If a person is a victim of or an honest cooperator in the investigation of a serious crime, lesser offenses should be held in abeyance, although a warning of potential liability in future unrelated police contacts would be acceptable.

Re:Woman sues after DNA from rape kit used to arrest her by nelgaard on Tuesday September 13, 2022 @06:11PM (#32830832)
So if the cop knocked on the door because he suspected homicide and discovered a rape, they should just ignore it?

And anyway, what is a lesser offense? Drug trafficking are serious offenses if you go by maximum sentences.

Re:Woman sues after DNA from rape kit used to arrest her by anigbrowl on Tuesday September 13, 2022 @06:32PM (#32831013)
No, both of those are serious crimes of violence with a victim suffering immediate harm. My idea is that if there isn't any harm to be remediated and the other conditions obtain then enforcement is deferred in that circumstance. Notably stolen goods could be returned; independent discovery of a suspect (unrelated to the contact) would expose them to the normal risks.

Drug trafficking are serious offenses if you go by maximum sentences.

We should employ a more rational approach. I believe there's greater security in maximizing the payoff for cooperation rather than the punishment for prior defection.

Re:Woman sues after DNA from rape kit used to arrest her by 5d8767c68926 on Tuesday September 13, 2022 @08:47PM (#32831964)
Genuine question: had the couple refused to let the cop enter and he barged in anyway (exigent circumstances owing to potential physical assault) - could the cannabis be used against the couple as evidence of a crime or would the non-invited search limit discovery?

My hope is that the cannabis would then be fruit of the poisoned tree and reaffirms my belief that you would never work with the cops to any degree.

Re:Woman sues after DNA from rape kit used to arrest her by anigbrowl on Wednesday September 14, 2022 @02:50AM (#32834028)
I don't know; also I'm not a lawyer so don't rely on me for legal advice!

I guess it would have turned on whether the cops' lingering suspicion was reasonable. Legally, this isn't so much weighing one point of view against another, as the LEO/state being able to construct a reasoned argument to justify the search - which is almost always possible.

For example, I recall a murder case where a guy was pulled over on the freeway in the small hours of the morning and turned out to have a dead body in the trunk. The defendant challenged the validity of the stop at appeal. The reason offered at trial for the stop was that a) there had been a string of auto burglaries in that area; b) it was dry but had rained earlier, and there were still water drops on the car - suggesting it had been parked a short time earlier; c) the freeway was almost empty but the vehicle as staying scrupulously at the speed limit. So the cop reason-ably suspected it could be a car thief and pulled the driver over to check. The court agreed.