Thursday, March 18, 2010

Loud Sex, That'll Get You Searched

With a tip of the fedora to Above the Law, this report is at loud sex in New Jersey can support a warrentless search of your premises.  That's right folks, you may be king of hte castle, but roaring like a lion can support a search of your premises, and if the police find drugs, you are busted. 

his is from Charles Toutant's story at New Jersey Law Journal

"Affirming denial of a motion to suppress drugs found in a Farmingdale, N.J., home, the judges said the screaming reported by a neighbor gave police an objectively reasonable basis to believe that a limited investigation was necessary to determine whether anyone was in need of aid.

Even after the occupants gave a plausible explanation -- that the cries were released in the height of passion -- the potential for harm was sufficient for police to search further, the court said in State v. McGacken, A-4527-08.

Responding to an anonymous 911 call, state troopers went to Brian McGacken's home on Feb. 17, 2007, and he answered the door dressed in a bathrobe. When he explained the source of the noise, the troopers asked to speak to his girlfriend. She came downstairs wearing a towel and confirmed his explanation. Nevertheless, the troopers asked McGacken for identification. He went upstairs to retrieve it and did not object when a trooper followed him."

The cops found marijuana, and the court refused to suppress the search.  That decision has now been upheld, seems like a stretch to me.  Expect screaming.

No comments:

Post a Comment