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[bacasper]

Musta been some really good stuff!

Loud sex enough for cops to search your home, court rules

By Daniel Tencer
Tuesday, March 16th, 2010 -- 5:28 pm

For Brian McGacken of Farmingdale, New Jersey, an evening of loud sex resulted in a 10-year prison sentence for growing marijuana.

On Feb. 17, 2007, New Jersey state troopers arrived at McGacken's home, responding to an anonymous 911 call complaining of screams coming from McGacken's home. McGacken explained the noise was a bout of loud sex; his girlfriend appeared at the front door and corroborated his claim.

But officers searched his home anyway, and found enough marijuana -- including potted plants -- to put him away for 10 years on charges of producing a controlled substance.

Appealing the conviction, McGacken argued that, once police knew the noise was consensual sex, they no longer had reason to search his home.

But the appellate panel at the Superior Court of New Jersey disagreed. On Monday, they dismissed McGacken's appeal, stating that "the potential for harm was too severe for the police to accept an explanation for loud screaming that could have been a cover-up of its true source."

The ruling stated in part:

[djsmnc]

That reminds me of one time in uni after a night of excitement. Friends shot off some fireworks in the front yard, neighbor got irritated, called the police. Police came later, drunk friend was passed out on the sofa, bong on the coffee table. My roommate was screwing around with our other roommate, a female, making her scream. Cops walked in right as I was walking out from the hallway. "Hey guys! Got a warrant?" I said, which led them to immediately scurry out the door. Through slick talk, we all got off without a search or a hassle, and just a verbal warning not to use illegal fireworks and to be more receptive when police come to the door.

Once they are in and see a lot of contraband, though, you're pretty much screwed unless you run across a very lenient judge.

[TheUrbanMyth]

As he CONSENTED to the search as the link states, he doesn't have a leg to stand on.

As for the commenter's remark about the police using infra red scanners it is clearly B.S.

He couldn't possibly know this.