Bayou Mistress
Former Member
- Joined
- Apr 4, 2012
- Messages
- 877
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Respectfully disagree. If I give LE my permission to come into my home and search it, that is MY option. If they find something in my home and I tell them, sure you can take that. They DO NOT need a warrant to take it, I gave them permission to take it.
The "chain of custody" has NOTHING to do with needing a warrant. It has EVERYTHING to do with, officer A tagged & bagged, put it in his vehicle, turned it over to officer B at that PD who is in charge of the evidence room, officer A signs it over, officer B signs that he accepted it. Later Detective A wants to look at the evidence, he request it from officer B and signs for it.
That ^^^^is the chain of custody, knowing who touched the evidence, when and where the evidence is located.
I think it was OJ Simpson trial when one of the detectives left evidence in the trunk of his vehicle and lied about it, said it was turned over earlier than reality.
I'm pretty sure Mixologist ceded that point last night. More interesting to me is the question of whether or not consent can be revoked in the middle of a search as a reason for LE to seek a warrant in the first place. In other words, LE may have a warrant to prevent revocation of consent...??