eye95 said:
The PC (not RAS) for the search warrant was that the house was a crime scene.
It sounded like the invasion happened in one area, the living room for example, and since the crime was that the 5 invaders invaded, what proof of that could be found anywhere else in the house? There's the broken door, here are the injuries inflicted on the occupants, there's the dead invader, there's the pistol used to stop the invasion... probably all in the same room. (No, it doesn't specifically say so in the article, but that's not an unreasonable assumption.)
It's sort of like being stopped for speeding, & they use that as an excuse to search the car. What proof of speeding can be found by searching the car?
MAC702 said:
I'm pretty damn sure I can find some full strength Motrin around here that I've long lost the prescription to.
I've always tried to keep my prescriptions in their labelled bottles, doubly so when travelling. Never know when they'll run the check-in line with a drug dog & have a few questions about my toiletries bag.
davidmcbeth said:
I wouldn't find the guy's idiot friends guilty of murder though
That's what OH law says they did -
murder, along with
aggravated burglary &
conspiracy.
They conspired to commit burglary, and it turned into aggravated burglary when they harmed the residents, and it turned into murder when somebody died. The murder statute doesn't say that one of their victims has to die; it's properly applied if one of the criminals is fatally shot, or even if they cause a fatal car crash when fleeing.
2903.02 Murder
...
(B) No person shall cause the death of another as a
proximate result of the offender’s committing or attempting to commit an offense of violence that is a
felony of the first or second degree...
2911.11 Aggravated burglary
(A) No person, by force, stealth, or deception, shall trespass in an occupied structure ... when another person other than an accomplice of the offender is present, with purpose to commit ... any criminal offense, if any of the following apply:
(1) The offender
inflicts, or attempts or threatens to inflict
physical harm on another;
...
(B) Whoever violates this section is guilty of aggravated burglary, a
felony of the first degree
2923.01 Conspiracy
(A) No person, with purpose to commit or to promote or facilitate the commission of ... aggravated burglary... trespassing in a habitation when a person is present or likely to be present... shall do either of the following:
(1) With another person or persons, plan or aid in planning the commission of any of the specified offenses;
(2) Agree with another person or persons that one or more of them will engage in conduct that facilitates the commission of any of the specified offenses
(J) Whoever violates this section is guilty of conspiracy, which is one of the following...
(2) A felony of the next lesser degree than the most serious offense that is the object of the conspiracy, when the most serious offense that is the object of the conspiracy is a felony of the first, second, third, or fourth degree
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