Is This A Violation To The 4th Amendment?
Lets say a neighbor who lives upstairs, one day accidentally peer into his downstair neighbor’s backyard, and see a marijuana lab going on. So the neighbor quickly calls the police, and when the police came, they went to the neighbors upstair bedroom, and peer into to see the marijuana lab, and surely enough, there is. So is this a violation to the guy who is growing weed rights? Because the lab was in the guy’s backyard, with wooded fences around, obviously to keep people out.
The officer did have a “plain view” of back yard. He would not need a warrant as he was invited to “see” this. It is enough probable cause to issue warrant. It is like seeing a crime from a store front window… if he sees it.. then it is a legitimate cause for arrest.
by jendas
on 18. Nov, 2009
That would probably fly in courts here.
Here is the reasoning:
The upstairs neighbor invited the police into his apartment, giving the police legal right to be there. If the police can then simply look out the window and see illegal activity, that is plain view and no 4th amendment violation.
by WP Robot Wordpress Autoposter
on 18. Nov, 2009
It is not illegal. As long as teh plant is in “Plain View” then it is free game for the police to do as they see fit.
by bushnana
on 18. Nov, 2009
looks legal to me:
neighbor saw pot
calls police
invites police in
police see pot
police bust pot grower
by Omega-3 und Q10 Produkte
on 18. Nov, 2009
If an Officer could see the lab from a place where he had a lawful right to be (invited into the neighbor’s bedroom), then there is no violation of the defendants rights against unlawful search and siezure.
In fact, I would hope the Officer would have used his lawful obtained vantage point to take photos of the
“marijuana lab” as evidence and to support. the application for a search and/or arrest warrant(s).
by keyword software
on 18. Nov, 2009
No. It is no different than if a helicopter flew over and saw it. fence or not, growing weed is illegal.
by whcwarri
on 19. Nov, 2009
No, it’s not.
It is a smart citizen who had the nerve to turn in a drug dealer and a smart policeman who arrested him.
It is illegal —- and if every citizen would turn in druggies, dealers and pushers….the trade would come to an end.
Good for the neighbor.
There is NO privacy for thugs.
by BJ
on 19. Nov, 2009
Not necessarily, it probably depends on the nature of your neighbor’s yard. The police do not have to ignore things that are within plain sight. If it is outdoors and it is available for everyone to see, then the police can certainly look at it. If it requires them to investigate or to enter the neighbor’s property, then they would not be able to do that, presumably, without a warrant. It is unlikely that a judge would find the police action to be improper if they were just to look from one neighbor’s yard or house (after being invited) into another neighbor’s yard (or anywhere that is within plain sight of anyone looking). The potential problem would be if the neighbor had a very high privacy fence and wouldn’t have had a reasonable expectation that someone could see into their yard – but that seems unlikely from your question. If there is a house next door with a window looking into the yard, then it is safe to infer that someone could see over the fence. Someone growing an illegal substance outside in view of their neighbors likely wouldn’t be able to rely on the 4th Amendment to prevent the introduction of evidence gathered by simply looking next door.
by Ed G
on 19. Nov, 2009
Nope, Its in plain view
by Del
on 19. Nov, 2009
Growing weed is illegal. It doesn’t matter where you grow it.
The answer to your question is no, it’s not a violation.
by fghtng5t
on 19. Nov, 2009