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Originally Posted by jolinar of malkshor
I know what what your saying and I agree somewhat....but the police went to his house under the assumtion from the ex-wife that he was a) intoxicated and b) he was the one responsible for the hit and run.
Now as state there is common law that guides this - (Under Common law there is a longstanding principle that people, including police officers, have impliedlicence to approach and knock on someone's door for the purpose of convenient communication with the occupant(s). If the police purpose is to communicate with the occupant(s), there is no search for constitutional purposes. However, if the police approach the residence to secure evidence against the occupant, then a search has taken place and reasonableness enquiry will be undertaken under S.8. Similarly, if the police have dual purpose in mind (communication with the occupant and secure evidence against the occupant), their conduct will constitute a search and S.8 is engaged.)
They pretty much knew that the suspect was going there because a) that is where is lives and b) that is where his ex-wife said he was going. So it is a little touchy.....
What if the police received a tip from his ex wife that he had a grow op in the house? They would most certainly obtain a warrant before arriving at the house to search it. The two are different but similar.
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I will have to disagree. Police attended the house to speak to Fowler and continue the investigation. What if his ex-wife was wrong. Police attended, the vehicle was there and in the same state (warm engine, etc) however upon knocking Fowler answered the door and was not drunk thus eliminating him as a suspect. Again, I don' think police went there to gather evidence instead, thye went there to question Fowler abut his whereabouts. Certainly one can see the importance of police testimony and how the perceived events.
As far as the grow-op question goes, police receive 100's of tips re: grow-ops. A tip is simply another tool used to generate a warrant and in many cases is simply the impotus behind the investigation and rarely forms the bulk of the warrant itself. Creating a warrant soley based on informant information simply wouldnt even make it to a judges chambers. Much more information qualifying and validating the informant info is neccessary.