Legal Question in Criminal Law in Louisiana

The SITUATION a gentelman was stabed in house and taken to hospital cops search house for wepon and so forth. are the cops allowed to enter a room where nothing happened? and if so are they allowed to search in drawers too or just beable to look through what is out in the open? or does the stabing give them probabl cause? basicallly wondering if they found something in a drawer if it was obatined legally or it was an illigal search and seizure please let me know the ins and outs of a situation like that or if the man who was stabbed need to be present when the serch took place? the man stabed is the home owner


Asked on 9/29/09, 3:46 pm

1 Answer from Attorneys
Hardy Parkerson Retired Attorney; now Law Professor

Dear LawGuru Friend,

The law of search and seizure is no longer a

simple matter, the higher courts having made

so many exceptions to the original constitutional

mandates. Nevertheless, the answer to your

question would hinge around whether or not the

original entry upon the premises was authorized.

Of course, a search incident to a lawful arrest is

constitutionally authorized, but every authorized

search has its limitations. Assuming that the

one who was stabbed in his own home authorized

the police to search his house. the odds are that

going into a dresser drawer would be authorized,

especially if the cops were looking for the weapon

used in the shooting by some third person. There

is more to it all than this. Should you still have

questions, feel free to contact me via the internet

at my home e-mail address of [email protected].

I am now sabbatically retired from law practice,but I

shall be glad to assist you in any way I can as a

fried and lover of law and justice.

Sincerely,

Hardy Parkerson, J.D.

Retired Lawyer after 41 years - Lake Charles, LA

Read more
Answered on 10/05/09, 5:54 am


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