Supreme Court Upholds Drug Evidence Found In Lost Child Search
POSTED: 6:40 pm EST December 15, 2005
TALLAHASSEE, Fla. -- Evidence found without a search warrant while police were looking for the parents of a lost child, found wandering outside alone, disoriented and naked in the middle of winter, can be used in a drug trial, the Florida Supreme Court ruled Thursday.
The justices unanimously agreed that it was "reasonable" for Polk County Sheriff's deputies to enter a Mulberry apartment with it's door ajar after no one responded to repeated knocking, leading them to fear the 4-year-old girl's caretaker may have had a medical emergency.
Once inside they spotted seven potted marijuana plants and some marijuana seeds and found Norris Riggs Jr. with the girl's baby sitter. Riggs was charged with manufacturing cannabis and possessing drug paraphernalia.
A trial judge suppressed the evidence on grounds that the deputies had violated Riggs' right under the U.S. Constitution to be free of "unreasonable" searches.
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