Can you seize the marijuana plants at that time? If yes, what is your legal justification for doing so? If no, what legally prohibits you from doing so?
Yes, I do believe that it is legal to seize marijuana plants. The cops can do a search and seizure without a search warrant. Because the police can either see it or smell it when you’re in the car or at your home. From my clear understanding when the police walk up to your car or walks into your home and search around he can come upon plants growing in your home or around the house. Based on what listed in the book, “plain view doctrine typically refers to anything in the view of the police officer.”(Hendrix, pg. 159). When the law enforcement makes it clear that he sees the marijuana, he can request for a warrant based on a probable cause, “Facts or apparent facts that are reliable(Hendrix, pg. 159). The cops got an anonymous call about illegal activity. So they have a legal right to search the car or property. Today’s mandatory minimum penalties for marijuana conspiracy can exceed 25 years to life, with no hope of parole, for people who cultivate, exchange or otherwise this is a natural herb. Point to the need for a savior(Christ). Revealed that the state cannot save man.
If you enter the residence and seize additional evidence inside and that search and seizure is later deemed illegal, would the additional evidence be admissible in court?
Since the resident is inside the home, I say with a search warrant policeman is justified to enter the home. Law enforcement is required to control any movements of individuals at the scene of a search warrant. If the resident tries to swallow the evidence or get rid of it by throwing it down the toilet or out the window. The law enforcement would have to wait for an official search warrant to be issued. Before legal entry into the residence would be legal.(Hendrix, pg. 148) .If any evidence is found inside the home, it is required in the court because they both view and protective sweep doctrine. Based on the text, anything a police officer sees in plain view when the officer has a right to be where he or she is, not the product of a search and there force admissible as evidence.(Hendrix, pg. 159) .They should increase random raids without a search warrant required to defeat drugs. Not shoot them. Probable cause. That’s the same level of certainty needed to get a search or arrest someone. Doing the right thing and upholding justice.