Recognizing that a just criminal justice system has limited power and upholds the unalienable rights of the citizenry, consider the following scenario: You are a police officer and you are dispatched to a noise complaint at a residence in your jurisdiction. When you arrive at the residence, you hear loud music coming from the house that would constitute a violation of the noise ordinance in your community. You do not get an answer when you knock on the front door, so you walk around to the back of the house. When you get to the back porch, you see what you recognize to be several marijuana plants based on your training and experience. As you are examining the plants, the resident comes to the door and begins yelling at you to “get off of my property.”
Based on this information, respond to the following questions:
- 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? What biblical principles should you be considering?
- Based on your observation of the marijuana plants, do you need a search warrant to enter and search the house and the resident? If yes, what is the basis for this legal requirement? If no, what is the justification for this exception to the search warrant requirement? What biblical principles should you be considering?
- 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? Why or why not? What legal ruling(s) should you be considering?