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The Straight Story Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-07-09 03:08 PM
Original message
Teacher challenges apartment search
Teacher challenges apartment search

BOCA RATON, Fla., Dec. 7 (UPI) -- The lawyer for a former teacher accused of starving her cats says the search of her Boca Raton, Fla., apartment was conducted illegally.

Allison Dinsmore, 27, was charged with two counts of felony animal cruelty last February after her apartment manager and police found two dead cats.

A veterinarian determined the cats died of dehydration and starvation at least a month before being discovered, though Dinsmore said she had seen the cats alive and well just a week before their bodies were found.

Dinsmore's Circuit Court trial was scheduled to begin Monday. A motion pending before the court asked Judge Stephen Rapp to declare the search of Dinsmore's apartment illegal, The South Florida Sun-Sentinel reported Monday.

Dinsmore's lawyer Jordan Lewin, said the police, who were contacted by the apartment manager, did not have a search warrant or Dinsmore's consent to search the premises.

http://www.upi.com/Top_News/US/2009/12/07/Teacher-challenges-apartment-search/UPI-70491260215305/
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Union Yes Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-07-09 04:38 PM
Response to Original message
1. Foul odors emitting from an apartment = probable cause.
The article never said anything about odors but that's my guess.
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951-Riverside Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-07-09 04:45 PM
Response to Reply #1
3. You know what else has a strong "suspicious" odor?
Marijuana.

See where this can go?
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Union Yes Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-07-09 05:22 PM
Response to Reply #3
4. I just tested your theory and you are correct! =)
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951-Riverside Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-07-09 04:43 PM
Response to Original message
2. This happens often with apartment complexes
The police will often approach apt managers and ask them for keys, in most cases they won't ask questions. I hope this case goes forward because law enforcement often exploit this.
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