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echo: askacop
to: STEVE KEMP
from: CHARLES HUNTER
date: 1998-03-23 19:58:00
subject: zero tolerance

SK>EXACTLY! So HOW did the cop GET the sample in the first place?
SK>THAT is the point.
SK>You are putting seizure BEFORE probable cause. That AIN'T how it works,
  >is it?. How the hell did the substance in question get in the hands of
  >the MAN...except by probable cause. YOU (or THEY) had to HAVE probable
  >cause to "grab" the substance" in the first place...at least i hope so.
SK>THEN the questions.
SK>Let me dumb it down for you....Probable cause FIRST, then you seize
  >"stuff" and analyze it.
SK>Simple, but if you are a cop I can dig your "groove". That is why I
  >asked.
The manner in which the drugs were seized was not part of the 
discussion.  It was a given that the officer was examining them.
However, to answer your question "plain view" is an exception to
the warrant requirement.
CHARLES HUNTER
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