What to do about illegal search and seizure?
April 12th, 2010 | by admin |If a police goes to a house based on a false claim to investigate something and the owner of the house is not there and there are minors at home (teens) is it illega for them to enter the home. The police DID NOT have a warrant, but was answering a call that she had drugs. When they entered they searched all over opening cubboards, etc., and looked every where and confiscated drug paranalia ( a bong) . I am not asking if one approves or not but if what the police did was illegal. The tenant of the property arrived after the search took place. Can she sue the police? what can she do to make it clear on record that the police were wrong?
Since the police went to the house on false charges and the owner of the house is not present, the duty of the police officers is not to enter the said premises on the ground that nobody is at home. This is clearly a violation of domicile intrusion even if there is a tip unless there is someone inside the house when the police officer arrived they have to ask to enter the house and investigate.
Since they possess NO WARRANT when they entered the house they are illegally on the premises of the said home. Even if the tip told them there are illicit drugs inside the house, they will have to wait for the person or persons of the house or take a stakeout position outside the house for surveillance procedure until they will have enough conclusion that the tip is genuine and real. I think logical cops do this kind of work. But if a cop donot use their head they will smash the front door or window and entered the place.
She arrived when the search is over. Of course, absolutely she could file charges on the police officers who took part in entering her own home without warrant. She had to undergone investigation to clear her name first for alleged charges of drugs paraphernalia inside her home, she must prove to the police and to the court that she is not hiding or keeping drugs in her own house. Even if the police would prove her wrong by trying to tell the court that they found drugs inside her home, she could contest this one by telling the judge that when the search was conducted she or any of her own relatives or family is present. Nobody is at home when the search had done. The judge would definitely slap contempt on the police officers for not doing their job properly. And then your lawyer would take it from there.
5 Responses to “What to do about illegal search and seizure?”
By AlaskaMusher on Apr 12, 2010 | Reply
A report of drug use, only minors in the home, drug paraphernalia found in the home. I haven’t heard anything wrong yet. Sounds like a legitimate care & safety visit by the officer. She can make it clear how she feels when she is sentenced for child abuse, child neglect and drug charges.
In case you are a little slow. The police didn’t need a warrant.
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By David G on Apr 12, 2010 | Reply
All they need is probable cause. They can not be sued.
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By Lisa on Apr 12, 2010 | Reply
If any of the teens lived there and let them in without a warrant, the police can search. It’s not illegal if they were invited in.
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By nice_n_easy on Apr 12, 2010 | Reply
Since the police went to the house on false charges and the owner of the house is not present, the duty of the police officers is not to enter the said premises on the ground that nobody is at home. This is clearly a violation of domicile intrusion even if there is a tip unless there is someone inside the house when the police officer arrived they have to ask to enter the house and investigate.
Since they possess NO WARRANT when they entered the house they are illegally on the premises of the said home. Even if the tip told them there are illicit drugs inside the house, they will have to wait for the person or persons of the house or take a stakeout position outside the house for surveillance procedure until they will have enough conclusion that the tip is genuine and real. I think logical cops do this kind of work. But if a cop donot use their head they will smash the front door or window and entered the place.
She arrived when the search is over. Of course, absolutely she could file charges on the police officers who took part in entering her own home without warrant. She had to undergone investigation to clear her name first for alleged charges of drugs paraphernalia inside her home, she must prove to the police and to the court that she is not hiding or keeping drugs in her own house. Even if the police would prove her wrong by trying to tell the court that they found drugs inside her home, she could contest this one by telling the judge that when the search was conducted she or any of her own relatives or family is present. Nobody is at home when the search had done. The judge would definitely slap contempt on the police officers for not doing their job properly. And then your lawyer would take it from there.
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By MALIBU CANYON on Apr 12, 2010 | Reply
Consult an attorney. There is such a thing as a consent search. Did the person have capacity to consent? Was the scope of the consent exceeded? In any event, if there is anything to talk about re: the search, your lawyer will explore that.
Regarding the previous answer, I see nothing which supports "contempt". The issue is whether the evidence is admissible, with dismissal or a deal as the outcome.
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