Legal Question in Constitutional Law in Arizona
Probable cause to search a residence
A friend of mine was wearing a T-shirt with drug related paraphenalia printed on it, and the officers involved considered this probable cause to search his residence. Would this stand in court if something was found? Is there any recourse against the officers involved? Nothing was siezed, nothing was found. Thank you for your time!
1 Answer from Attorneys
Re: Probable cause to search a residence
By itself I don't see how the T-shirt could amount to sufficient cause to search the house, especially if the officers didn't have a warrant (your question is silent on this point).
The shirt might have helped justify a search depending upon what other information was available to the officers. For example, if an informant said she had just escaped from a kidnapper wearing such a T-shirt and that he was holding others hostage, the officers would likely be justified in entering the home without a warrant.
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