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Can the Police Search Your House Without a Warrant?
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Oct 2007
Just from watching legal dramas on television, many people know that the police need a warrant to search your house. This is accurate, for the most part, as the Fourth Amendment protects private citizens from unreasonable searches and seizures. But did you also know that under the exclusionary rule generally anything seized during an illegal search cannot be used as evidence in court?
As a result of the exclusionary rule, there are important exceptions to the warrant requirement that have developed under the law that everyone should know about.
Let's start with the basics first. What is a search warrant? If a judge is convinced that there is "probable cause" of either criminal activity or contraband at a place to be searched, he or she will issue and sign a search warrant—a court order that allows the police to search a specific location for specified objects at a specific time.
That's a lot of specifics, to be sure, but they are important legal distinctions. This wording means that if officers have a warrant to search your house, they don't get automatic authority to also search your car parked outside on the curb; or, if the object specified is a stolen painting, they can't rummage through your underwear drawer, unless, of course, the painting could fit into that space.
Note that you may ask to read the search warrant or have the officer read it to you.
There are four main circumstances in which a warrant is not required for police to search your house:
1. Consent. If the person who is in control of the property consents to the search without being coerced or tricked into doing so, a search without a warrant is valid. Note that police do not have to tell you that you have the right to refuse a search, but you do. Also, note that if you have a roommate, he or she can consent to a search of the common areas of your dwelling (kitchen, living room), but not to your private areas (bedroom, for instance). On the other hand, the Supreme Court recently ruled that one spouse cannot consent to the search of a house on behalf of the other.
2. Plain View. If a police officer already has the right to be on your property and sees contraband or evidence of a crime that is clearly visible, that object may be lawfully seized and used as evidence. For example, if the police are in your house on a domestic violence call and see marijuana plants on the windowsill, the plants can be seized as evidence.
3. Search Incident to Arrest. If you are being arrested in your house, police officers may search for weapons or other accomplices to protect their safety (known as a "protective sweep"), or they may otherwise search to prevent the destruction of evidence.
4. Exigent Circumstances. This exception refers to emergency situations where the process of getting a valid search warrant could compromise public safety or could lead to a loss of evidence. This encompasses instances of "hot pursuit" in which a suspect is about to escape. A recent California Supreme Court decision ruled that police may enter a DUI suspect's home without a warrant on the basis of the theory that important evidence, namely the suspect's blood alcohol level, may be lost otherwise.
So what should you do if the police show up at your house "just wanting to look around?" It's not in your best interest to deny them access because there may be extenuating circumstances that you don't know about; you certainly don't want to risk physical injury or being charged with interfering with a police investigation when you didn't have anything to hide in the first place.
However, do make it clear that you are not consenting to the search. Ask the officers for identification and an explanation as to why they are there and what they're looking for. Also, write down details of the search as soon as possible, in case you need them later.
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Comments
Submitted by on Feb 1, 2011 - 12:15AM
No I didn't I wasn't here,when I got here they was in my house before the search warrant was not here yet
Submitted by on Mar 12, 2011 - 8:27PM
They did it to me today i wasnt home and someone called them on me, kicked in the window, and made my dog so scard he wont go downstairs... I am going to sew them
Submitted by on Dec 3, 2011 - 11:52PM
You cannot sue the PD for damages done to the property or in your case your dogs mental health. Nor are they responsible for fixing the damages incurred during such events. They have a warrant for a specific reason and they are there to conduct a search and seizure for documented items. Anything they see find during the search can be used against you. Ie: if they're there for guns and find a crack pipe you can be charged for it.
Also, to add to the original posting, police hVe this new thing called probable cause. If they have probable cause they can enter. If your blinds are open and your livingroom blinds are open and police suspect the individuals seen through the blinds are teenagers and can see alcohol that is probable cause to investigate. If you leave your front door unlocked, a police officer can walk in! It's not forced entry! These are all things that happened to my neighbors in Florida
If police observe a crime committed and follow you to your home they can enter the home to get you. Example: police see you make a drug deal, you enter your car, drive home, and enter the home. They can seize your home, car and any money and contraband.
Submitted by on Dec 9, 2011 - 3:59PM
You are absolutely incorrect. I have a B.A. in Criminology from the University of South Florida, and while I am not a police office, I have worked as an insurance investigator for 9 years. Probably cause DOES NOT extend to someone's home. For your example of teenagers and alcohol, that is crap. Any defense attorney would have that evidence thrown out under the exclusionary rule and the cause would be dismissed. Alcohol is not illegal. Also, there is no law preventing teenagers from being around alcohol. You, sir, have no idea what you're talking about. That unlocked door thing, that's crap too and completely false.
Police may enter your home under the following circumstances. There may be exclusions and additions to this list, but this is your general rule of thumb. Never fight with or even touch a police officer, just repeatedly say, "I do not consent to searches!"
1. They have a warrant to search a premises.
2. The person with care, custody, and control gives them permission.
3. They are trying to prevent the destruction of evidence they have PERSONALLY SEEN in the home (for example, they see a pile of cocaine on your coffee table through an open window, and even then their search is limited to that specific item).
4. The "hot pursuit" rule discussed above by the authors.
Probably cause, per se, does not apply to a dwelling. It is completely difference for other things like cars. But the Castle Doctrine (a part of common law) says a man's home is his castle, and the United States Supreme Court has upheld the most strict rules against searches of dwellings time and time again.
Submitted by on Dec 27, 2011 - 8:39PM
If the police have this much power even with the exclusionary rule. What is there to stop rapists and murderers getting hands on their clothes. Replicate what the police do and start home invasions... getting away with crime at the same time? HOW DO THE PEOPLE DEFEND AGAINST THAT KIND OF SITUATION WHEN WE CANT WARRANT AGAINST THE OFFICERS OURSELVES? FORGET THIS! I SAY ARM YOURSELVES AND IF ANYTHING SHOULD HAPPEN TO YOU OPEN FIRE WITHOUT WARNING!
Submitted by on Dec 31, 2011 - 8:30PM
1) What is "probably cause"?
2) PERSONALLY SEEN? You are incorrect. Your super awesome BA in Crim is not working for you.
Good day pal.
Submitted by on Dec 12, 2011 - 11:20AM
As soon as the door is opened the police will often slam their foot in it to make sure it stays open so they can let themselves in. I have scene many doors slammed in the cops face. This is not always very effect for keeping them out. Moral of the story: Don't assume it is your friends knocking at the door, look out the window first. Walk out the side door(closing it behind you) if it is some you want to talk to but not someone you want to let in!
Submitted by on Jan 16, 2012 - 10:26PM
Ok my home was searched recently. It doesnt show any propable cause on it. It says "The items for which a search warrant are sought are described as follows DRUGS DRUGS paraphernalia ect. Well I own my home. My mother lives OUTSIDE in a little house next to mine on same property. SHE IS a known user. They plowed my door down NO knocking...Pointed guns at me my husband and our 3 under 9 yrs children and told us all to get on the floor and put our hands on our heads. This was very frieghtening for us all. I do not do drugs or allow anyone under any circumstances in or around my home. They said they had propable cause....Well now its been a couple days for me to sit down and read this...It just says its a sworn affidavit under oath of this DTF guy. Now after the guns and all that they took me aside and told me it was about my mother and that was why they were searching and they truly did believe we werent involved. Now tell me can they do this to people? I have never been in any trouble my entire life. Niether has my husband. Can they do this to innocent people? I was not harboring or hiding. They have never approached me in anyway. Anyone please is this aloud to happen? This is humiliating. They blocked off the roads put spot lights on my house like we were murdurers. How do I find out what brought this on?
Submitted by on Feb 1, 2012 - 6:52PM
I am not sure of all the facts of this but if you and your mother live on the same property (not sure if you have the same or different address than your mother, the warrant probably stated the address of the land and therefore probably entered the wrong dwelling looking for your mother. As long as the warrant had the correct address, there is nothing that can be done.
Submitted by on Feb 16, 2012 - 7:25AM
We are sincerely sorry to hear about what happened to your family, but since we're not a law firm, we can't give specific legal advice regarding this situation. However, you can get free legal advice on the LegalZoom Facebook page every Friday and Tuesday. Check out Free Joe: http://zoo.mn/FreeJoe for more information.
Submitted by on Feb 5, 2012 - 12:05PM
they become police because they got their milk money taken away as a child.
Submitted by on May 11, 2010 - 3:37PM
So much for the 4th amendment. It won't be long before the 4th amendment no longer exists due to all the "exceptions".
Submitted by on May 15, 2010 - 9:43AM
there was a search done at my house for stolen propery.when ask to see warrant i was told to sit down n shut up.the property that they said was stolen was right in my living room.they went all threw my house n searched n destroyed everyroom in my house.the seized to several items that werent stolen. i have yet see any warrant they took down my boyfriend n never charged him with posseion of stolen property he is being held for everthing else that the found.what i would like to no is dont i have the right to see the warrant? and if the prperty of what they were looking for was right in my living room what gives them the right to search my hole house? in why do i keep getting the run around when i ask to see the warrant
Submitted by on Apr 5, 2011 - 10:27AM
The cops are definitely supposed to show you a search warrant. Otherwise you are able to deny them access to your place until one is produced. If you let them in your house willingly then they didn't have to produce a warrant. I hope this helps you.
Submitted by on Aug 17, 2011 - 2:31PM
The police do not need a warrant at all and to understand that anything seized in your position at the time of the occourance will NOT be used in the court of law. The judge will throw out any evidence that wasnt admisable. This IS the new system of the police' they know it will be thrown out of court' BUT they end up seizing drugs/guns ect in the process.
My advice to anyone who has problems with any circumstances it to 'call the cops' and dont answer your door when there knocking 'so you have evidence on the phone call for burglary'. IN court the judge will reveal the phone call you made about a burglary of kicking in windows/doors ect. The police THINK they have authority beyond the LAW but in reality there just another worker in society.
HOpe this helps.
P.S. Every court case i have fought i won 99% of the time and court costs are highly wasted in the/you tax payers dollars.
GOOD LUCK
Submitted by on Aug 27, 2011 - 2:14AM
Are you a lawyer in the U. S. ? because i find it hard to under stand what you wrote.
Submitted by on Sep 10, 2011 - 9:19PM
I would like for u to e.mail me please I have some questions for u.
Submitted by on Nov 7, 2011 - 6:49PM
I read pretty much all the of the submitted comments. Wake up people. We are guilty until WE prove ourselves NOT. It is all about money.It is their word against yours. Bet not one person can guess who wins.
Submitted by on Nov 11, 2011 - 4:14AM
Ok yes for the most part helpfull...But my fiance elegedly sold maurjuana down the alley cops came he went out & was arrested.he yelled at me and as soon as opened the door 2 cops start asking me stuff.long story short is it legal for them to try & make me stand out side while my daughter is asleep inside (light sleeper)until they try to get a warrant for a $10 bill at like midnight?
Submitted by on Nov 25, 2011 - 5:23AM
My home was raided and supposedly there was a warrant for my son and his friend, however, neither of them were residents in my home. They visited me often and would occasionally spend the night with me. During this raid the officers found a small amount of cocaine and some marijuana. Also, there was ammunition found in one of my bedrooms. My son's friend immediately stated to the officer anything found in the bedroom where everything was found belong to him. They both had mail in my home and their ID's were on top of my dresser. The police arrested both of them and my son asked why was he being arrested and the response was for possession of ammunition and being a felon. He stated to the officers I don't have any ammunition, yet they arrested him. I asked to see the warrant but because this could cause problems for the informant that was paid $30,000 for a year and housing furnished for him and his mother we were not allowed to see the warrant. This would become more out of the county's normal procedures because they would be transported to the substation and a full body cavity searches were done by the officer on my son. During this search the officer would use an ink pen taken from one of the desks that was not sanitized and remove a small amount of cocaine from my son's rectum. The officer after performing this demoralizing search would take my son to the county hospital and force him to drink a fluid that would cause him to not have control over his bowels. Also, handcuffed to the bed a physician would do an another body cavity search and tell the officer my son was under the influence. Why was he not taken to the hospital initially? Why have we not seen this body cavity search warrant as of this date. It was my belief to perform this type of search there are certain rules that must be applied, not this time.
Young black/hispanics are constantly being put into prisons and given little or no rehabilitation once they leave the prison. The state move them so far away from their families that they have no interaction with the outside world. They can fight fires while imprisoned but upon their release they're elgible to be firefighters for the state, county or federal government. Why when they're incarcerated it's no big deal for the state to train them and allow them to fight fires and pay them chicken feed. It saves the state money and they could care less if these young people lost their lives because they're only a number.
The state uses the 3 strike law to get them sentenced to ridicules periods of time for having small amount of controlled substances. They trying to support their families because you can't get a job that will pay enough to support their families. They're no longer eligible to receive food stamps, assistance with housing. So this becomes a cycle of life for them. However, if you choose to be an informant you can commit a robbery, be in possession of a controlled substance and the DA will drop those charges for you testify. These informants are not angels and have a tendency to lie themselves. Yet, a person's life is taken because of this type of witness. The DA should be ashame of themselves for using such immoral tactics. The young men are given CDA/PD to represent them only to find out the DA/CDA and PD are more than likely working together to free the court logs.
I believe we parents should start fighting for our children, grandchildren and stop this cycle.
It's sad the government would prefer building prisons instead of schools. Let's not educate them, let's institutionalize them is the government's motto.
Submitted by on Jun 13, 2010 - 6:05PM
THEY HAVE TO SHOW YOU THE WARRENT OR THEY CANT LEGALLY SHEARCH YOUR HOUSE!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Submitted by on Jul 5, 2010 - 12:00PM
I live in 3 family home. Neighbors are being evicted and they are lashing out at us. They are claiming to a property manager(who called and warned or told however you want to put it) that we are growing marijuana in our house. All heresay. The police were here two days ago because she said we were smoking pot. they stepped in glanced at coffee table and said we don't see anything or smell. Can just on heresay they get warrant, or break my door down to search for marijuana plants?
Submitted by on Jul 21, 2010 - 12:50PM
Hello, and thanks for your inquiry. We're very sorry to hear of your troubles, unfortunately, we specialize in the creation of legal documents, and can't offer any type of legal advice. We'd be happy, however, to connect you with a local lawyer to assist you. Check out our attorney referral network: http://attorneyconnect.legalzoom.com
Submitted by on Oct 1, 2010 - 10:46PM
Yes. They can get a warrant on hearsay. They cannot however use the hearsay itself as evidence in court.
Submitted by on Mar 4, 2011 - 7:09PM
No they cannot get a search warrant on Hearsay. In order to obtain a search warrant they must have direct evidence of a crime. Therefore they would have to have someone who has been in the house ( CI or a Narc) to come back and to them and confirm there is stolen property, dope, whatever in the house before a judge will sign the warrant.
Submitted by on Mar 30, 2011 - 4:55PM
hi john q i am dealing with a situation similiar to yours my landlord broke in my apt with the police and busted the chain lock off my door because i wouldnt talk to him or the police because da police wrongfully arrested me before and i no longer trust them because of how i was treated and they came all deep with like 6 officers and a detective in plain clothes and when they got in my apt started asking me why was i hitting on my neighbors walls at which time i told them i wasnt and while one officer was talking to me the rest of them were combing through my apt checking every room in my apt like they looking for something so i asked the officer again what is this about at which point he told me we were here 3 other times and u wouldnt open the door about complaints from your neighbor that u hit her wall and the issued me with a 500$ ticket saying they have me for a disturbance house this was at 8 am in the morning then they sent another officer here around 4:20 pm to harass me some more the same day about not opening my door to accept them trying to give me a ticket based on some hearsay so the officer went ahead and issued me with 4 other disturbance house tickets which brings da total to 2500 in one day but the four other ones he gave me without actually speaking with me and those were actually based on hearsay to i brought it to his attention that i wasnt home and he called me a liar and said from here on out hell just arrest me
Submitted by on Nov 5, 2011 - 1:33PM
my house was raided by ywenty odd cops they got the wrong info from a druggy , they showed me a bit of paper and told me it was a warrant but i never saw a warrant so was a sherriff right to issue a warrant in the first place on faulse info
Submitted by on Nov 5, 2011 - 1:43PM
cops raided my house on the strenth of wrong info but cant find the warrant
Submitted by on Jan 15, 2011 - 3:31AM
I live with a friend anyway his house got raided.This friend of mine was not home has not been home for a week prior.They never knocked on the door they stormed in and so loud that you could not here your self think.I was sitting next to the end table before they told me to get on the floor at wish time i did .I ASKED FOR THE SEARCH WARRANT but they never produced one told me they did not have to show one.I told them i did not live he but they still held me and ditaned me.Their was a pot steam laying their and in the master bed room they said they found a small bag with white residue and a needle.Did they have the right not to show a warrant and hold me against my will.
Submitted by on Mar 24, 2011 - 4:13PM
The police kick in my door never annannounced who the are ans i was not home. they interagated my two children, for about 2 hr. I had ran my oldest son to the dentest. I had a friend of the family that was doing some plumbing work at the hjouse they kick the door in never said who they were. un till they found the plumber and my two kids in the back bedroom they had the plumber on the ground befor he new it was the police. They would not let me see or read the warent
they waved it in my face but would never let me read it. They told me the were ther for stolen property. There was no stolen property in my home what so ever. They called in DCS and eminently took my two younger children, they placed them with there father. but are the police aloud to interagate my children and come in and search with out me being there,
Submitted by on Jun 1, 2011 - 6:54AM
well my home was searched without a warrant, they went through all my personal belongings emptied out drawers shoeboxes under sink etc... when i asked what they were looking for they replied tell your son to pay his child support... my son doesn't have any kids, what would they be looking for old child support papers that don't exist....
what the hell .... our rights all slowly being taken away from us......hope that this doesn't happen to anyone it is very terrifying to have your home invaded and searched for no reason and you can't do anything about it.....
Submitted by on Jan 13, 2012 - 9:49PM
It reminds me from my former country USSR
Beware if Obama stays in the office... Democracy will kill this country and it gives authorities rights to do whatever the hell they wont!!! Guilty and you prove that you not!!! Unfortunaty that how it works now!!! Get up people stand up for rights!!!! Fight unfair system!!!
Submitted by on Jul 1, 2010 - 9:40PM
Dont open the door. let them break it down. if they do lay on the ground, don't say anything, do not resist(unless you know they are not police), ask for a lawyer!! even if your innocent. dont talk to the government!! Remember this line "Officer am I under arrest or am I free to go?"
Submitted by on Jul 4, 2010 - 1:13PM
l am curious if the police break down your door and you are not home but your son who does not live with you enters the house and has a warrent. does the police have the right to enter the house with no owner there and no warrent..and break down the door
Submitted by on Jul 12, 2010 - 8:05PM
ok so i have a very complicatied gun charge in new york city it is important to add i am a united states marine (out but still a marine) i also carry a valid TN gun permite which i do know is not vaild in nyc it was in my friends apt the DA on the case wants to crucify me so here is my question now im try to fight the search late that night my brother started a fight with me he cracked me over the head with a glass so i punched him twice and left to let him to cool down the police came i told them what happened they told me they were not going to charge us they just wanted to check on him and they would leave so i took them to the apt i told them he was fine (so did my buddy who was there the whole time) we told them that a few times i also told them that he would not anwser the door for police so let me try well he dident me my friend sam and the police tryed for about 20 min it was casual in the hallway we were discussing the military NYC TN just talking after the 20 min a cop went to get a key from the super they unlocked the door and the chain still locked the door so they kicked it in when they kicked it in i told them i had a gun in a backpack on the far wall so it comes down to if they thought that my brother needed immediate attention why wait 20 min i dont think they really thought he was hurt so is that grounds for an illegal serach?
Submitted by on Jul 30, 2010 - 2:21PM
Hi Scott, you raise some really great questions. We'd love to help, but LegalZoom only creates legal documents, and can't offer legal advice. We can help you find a lawyer to answer your questions, though. Check out our attorney referral network: http://attorneyconnect.legalzoom.com
Submitted by on Oct 1, 2010 - 10:51PM
I wish I could tell you it is, but it isn't. When you pointed out that you had a gun in the backpack you gave them consent to check it out. Upon entering, if they did not specify that they were searching, and you did not give them consent to do so, and then found the gun by investigating and you not bringing it to their attention then you could indeed say you have grounds for an illegal search. The officers legally had a right to check on your brother, they would not however have had a right to dig through anything unless your brother gave them reason to.
Submitted by on Mar 4, 2011 - 7:13PM
Not an illegal search. They had the legitimate right to check the welfare of you brother. You were stupid enough to tell the gun was in the backpack. The gun was illegal as you cannot have a gun in NY. Tough sh*t dude
Submitted by on Jul 12, 2010 - 8:49PM
Do law enforcement officer needs a warrant to enter a house if they are a looking for a runaway juvenile that is believe to be harbored by the owner of the house?
Submitted by on Jul 30, 2010 - 2:22PM
Hi there, and thanks for your interest in LegalZoom. While this is a great question, LegalZoom creates high quality legal documents, but can't offer legal advice. We can help you find a lawyer to answer your questions, though. Check out our attorney referral network: http://attorneyconnect.legalzoom.com
Submitted by on Aug 7, 2010 - 2:29PM
So I had a party at my house and 7 cops came and everyone left immediately after the cops came and it was only me, my roommates and 1 friend who are all of age to consume alcohol. Of the 7 cops 3 or 4 of them walked up with pepper spray ready to be fired in there hands even though my roommates and I were being completely cooperative. 2 of the cops did most of the talking and 1 of the cops proceeded to ask to search my house and we said no, and asked for a warrant to search the house. One of the cops then sarcastically proceeded to ask what are we in law school and stated "you have no rights," and then entered my house through the back door which was unlocked after we specifically said no you can not enter the house. He then proceeded to write a fine to one of my roommates and another friend who was here for the weekend saying that we were "conducting loud and unorderly behavior" (which they were in no way shape or form actually doing.) and they now have a court date in criminal court. On top of that when the cops came in they proceeded to slam their flashlights into the walls and create wholes and kicked a door down. These cops clearly are a disgrace to the justice system and I would love to put them through the headache that they put us through, as well as possibly make them pay for the unnecessary damage brought to my house. Any advice would be greatly appreciated.
Submitted by on Aug 11, 2010 - 11:22AM
Thanks for thinking of LegalZoom to help you with this. And while we would love to help, and are very sorry to hear of the situation you are facing, please know that because we are not a law firm, we cannot provide any legal advice. You may wish to speak to an attorney for more assistance and guidance on this matter. Feel free to refer to http://attorneyconnect.legalzoom.com to search for an affordable attorney.
Submitted by on Oct 1, 2010 - 10:57PM
You have great grounds for police misconduct here. Get a lawyer and you may can sue for this kind of thing
Submitted by on Mar 4, 2011 - 7:20PM
#1. You cannot tell me you were having a party with no noise. Hence the fine for the loud and disorderly noise. You can bet someone called the police for the noise otherwise the cops would not have come to your house..DUH!!!
#2. If the officers did not act in a professional manner then contact the Chief of Police and request the procedure for filing a formal complaint on these officers. Request a copy of the police report and it will have their names. Once you file a formal sworn compliant the agency will conduct an internal affairs investigation into their actions on that night.
Good luck dude.
Submitted by on Aug 8, 2010 - 6:50AM
I was recently convicted of a dui and have 2 days of home detention. They said that on the first day that they will come and search the house for alcohol and weapons, my case has nothing to do with a weapons charge, do they have the right to search for that, under the constitution we have the right to bear arms. And also why does anyone over 18 have to consent to a search when it has nothing to do with them? Also they said that if the person did not sign the consent that I would be placed under arrest, is that legal?
Submitted by on Aug 11, 2010 - 12:24PM
Hi, and thanks for your question. We're really sorry to hear about your situation, and we'd love to help, but our specialty is legal documents, not legal advice. We can, however, help you find a lawyer to answer your questions, though. Check out our attorney referral network: http://attorneyconnect.legalzoom.com
Submitted by on Aug 23, 2011 - 10:11PM
If you are under the supervision of the court, corrections, etc., then you do not have the right to bear arms until you are no longer under their supervision. If you are found guilty of a felony, you do lose that right and it is not regained upon completion of sentence. You have to petition the court to have those rights restored.
Submitted by on Aug 8, 2010 - 11:55PM
how many other people have gotten there house searched for false information in what pathetic reasons were they?
Submitted by on Aug 11, 2010 - 2:20PM
My cousing were outside about three house down when the Sheriffs pulled up. The son of the lady to whom they were talking to is a parolee so he and his friends ran. My cousins stayed since they had nothing to hide. The deputies became upset because they had to chase the other guys, so placed my cousins in the patrol car and asked for their address. They pointed to their home which was three houses down. The Deputies entered the home just because according to them they just felt like it. When they entered there was nobody inside the house but their sister that is 9yr old girl since her dad was outside with the neighbor looking at what was going on. When he entered they were already searching the home and found a gun that came back stolen. After they found the gun they told him to sign a paper or he would go to jail. They did not allow anyone to go into the house and asked him to get out the house as well. Once they found the gun they asked to know who the gun belonged to or him and his two sons would go to jail. His son said it was his to avoid them all going to jail. They now claim that they entered the home because they were looking for someone but that was not what was said to the owner. My cousin was taken into jail but was never read his rights but later the next morning was asked to waive his rights, which he refused. My uncle tried to file a complain but told he could not do so. Is the gun charge going to be thrown out since it was obtained illegally as well as the confession of who it belonged to?
Submitted by on Aug 27, 2010 - 5:00PM
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Submitted by on Sep 8, 2010 - 4:50PM
my boyfriend had a warrant n the police had had a key to ma aprtment n came in and the middle of the night but if i didnt have the warrant can they come in my house anyway n if his name is not on the lease
Submitted by on Sep 8, 2010 - 11:00PM
My bro in law was visiting and he was outside with another dude in a car. My bro in law started driving away! He noticed a cop at the end of the block! The other guy outside drives away but gets pulled over before he leaves the block! Cops found weed on this guy in his car and he tells officers he got it from my bro in law, on a front! No money! And this guy points out my bro in law and my home!
Anyway several hours later they come knocking at the door screamin police! We let them in. They said we have a warrent and we are looking for " my bro in laws name"
The went and seached his room. Witch only had a blow up bed and my bro in laws bag! Then they went into my room where they found my Legallly precribbed medical marijuana.
They take me and my bro in law to jail because cops say the bag in the street with the other guy, is exactly the same type of bags my marijuana is keeped in..
Can the search my room if there ground 4 the seach was based on looking for my bro in law? Can't the only seach the room he is occupying?
Submitted by on Sep 22, 2010 - 11:38AM
Hi Carl, we are sorry to hear of the situation you've experienced. We'd love to help, but our specialty is legal documents, not legal advice. We can help you find a lawyer to answer your questions, though. Check out our attorney referral network: http://attorneyconnect.legalzoom.com
Submitted by on Oct 1, 2010 - 10:54PM
Get a lawyer to take a look at the warrant itself. It should say what they were allowed to search. If it is not specific or if it says they are only suppossed to be searching your brother in law then you may be able to get the evidence excluded
Submitted by on Oct 26, 2011 - 5:26PM
They can only search where your brother in law has privileges for example bathroom kitchen his room and that's it they can't do that
Submitted by on Sep 29, 2010 - 8:15PM
Something to be warned of.
Many years ago, I was out with friends for a couple of days, I came back alone to my own apartment having chest pains. I called a women I was dating at the time who was not and did not live at my apartment to please come and take me to the hospital. She agreed.
I went outside to wait and locked my apartment door as I left. Suddenly the police arrived in 3 police cars, later I found that my 'girlfriend' called the police. Not 911, the police. The police told me that they wanted to enter my apartment, I kept telling them no. They finally told me that I had to give them my key and if I didnt they would take it from me by force. I didnt want to get beat up (forced) so I gave it to them, stating clearly 'You do not have my permission to enter my apartment'. I did not even know about implied consent.
They searched my apartment and found only 2 (two) pills of ecstacy I had in the back of my sock drawer for several months. Felony. EMS arrived and I was taken to the hospital.
My lawyer, didnt do much. The prosecuter claimed IMPLIED CONSENT because I 'gave' the police the key. I said I did so under threat of force. Prosecuter claimed that since I needed medical attention, I couldnt remember clearly. The officer involved constantly stated HE couldnt remember whether I said it or not. The judge found against me and I lost. I still believe that if my lawyer was any good he could have gotten me out of it.
Just make sure you know that if you give your apartment key to the police, you are implying consent to search regardless of circumstances or what they say.
I am not asking for advice since its been over and done for a long time but I do wonder though, what would have happened if I refused to give them the key, if they would have/could have forced them from me as I was threatened that they would and if the search would have still been valid. Maybe someday legalzoom could update this article to include implied consent situations.
Submitted by on Oct 10, 2010 - 1:09PM
I got pulled over by some police from a different county leaving my house. They took me out my car saying i have a search warrant. They tore apart my car finding nothing, so they threw me in the back of the cop car saying they are gonna search my house. Still they had no search warrant, they asked me if i had drugs and i said "no." I told them i have a gun in the house. So they opened my house door threw my dad who just had surgery. They destroyed my house finding no drugs just the gun i told them about and took my 1200.00 dollars. They took my money saying its for evidence. The detective gave me his number on my checkbook and left. The next day they came to drop off a search warrant saying they found .05 grams of coccaine....
what the hell is all this? if they found coke, am i suppose to be in jail right now?
Submitted by on Nov 3, 2010 - 10:14AM
Hello thanks for your inquiry. We understand your concerns regarding this matter, but do keep in mind that LegalZoom is not a law firm thus cannot provide any legal advice. An attorney may be able to answer these types of questions, though. Check out http://attorneyconnect.legalzoom.com to search for an affordable attorney to assist you.
Submitted by on Aug 17, 2011 - 2:40PM
This is why you keep your mouth shut at all times while dealing with corupted police. The more you talk the more evidence they gather. Play stupid just like they do. With them justifying a half gram of cocaine in your presents is which you told them you have a gun in your house.
Prime example of stupidity on yourself.
Next time you learn and hopefully you understand how the legal corupted system works.
This is why camera's need to be installed in all houses.
P.S. Cops hate there lives and the devil lures evil and there time will come. Cops are evil ATLEAST 90% OF THEM
Submitted by on Oct 30, 2011 - 3:15PM
hey who ever you are would like to speak with u becuase i agree with 100 percent and i have a very interesting story to tell about my case.where they jumped my gate and hit me.and got my keyes and gate opener and went in my house with out a warrant.then kept in a cop car for 8hours until they got one.then they took my d.v.r of my security cameras.so it would show them jumping my fence and violating my rights.thank u please write back
Submitted by on Jan 14, 2012 - 4:41PM
There is no way under any surcumstances without a warra
T or probable cause police can enter and search your house, car or empty your pockets!!! Obvious that you did something wrong!!! Be true to your self!!!
Submitted by on Oct 28, 2010 - 1:20AM
if a neighbor believes you are using drugs, can the police come in your home?
Submitted by on Nov 23, 2010 - 10:36AM
Hello thanks for your inquiry. We understand your concerns regarding this matter, however we cannot provide any legal advice. An attorney may be able to guide you in the right direction however. Please refer to http://attorneyconnect.legalzoom.com
Submitted by on Nov 28, 2010 - 8:53PM
SFPD Were in my neighborhood doing somthing. I went to my back yard to take out the compost. I was then noticed, but it didnt bother me being that I had nothing to hide nore had I"d done anything wrong....... Long Story short, SFPD pursuing a suspect, resulted in me being beatin numerous times, in my home, at the Williams street station , then before being booked. I was beaten up in front of 2 younger siblings and neighbors who tried to help me but I was being secluded and everyone was told to stand by while Police Punched Kicked Pulled hair, and referred to me and my Family and Members of my neighborhood as Racial slurs. Longer story short..... I was charged with HARBORING A FUGITIVE, GIVING FALSE INFORMATION TO A POLICE OFFICER, 2 COUNTS OF RESISTING ARREST (CAN YOU BELIVE THAT) AND DESPITED THEM HAVING THE KNOWLEDGE OF MY MEDICAL STATUS, POSSESSION ON MARIJUANA. The DA came very close to sending me to prision for two years! They took Money, sentimential, Belongings, opened sealed food, kicked holes in the walls, ect. I lost a tooth, my hair was pulled out and Ive sustained permenent injury to my left arm... WFT WHY IS IT SO HARD TO FIND SOMEONE REPRESENT ME IN COURT!
Submitted by on Dec 17, 2010 - 12:48PM
Hi Maurice, we are sorry to hear of the situation you are facing. If you are looking for legal representation, check out our attorney referral network: http://attorneyconnect.legalzoom.com
Submitted by on May 29, 2011 - 4:07AM
The judge and police are part of the same system. They look out for each other. The only way to have a chance at winning is to invest a massive amount of money in your attorney. If you aren't rich you probably will lose.
Submitted by on Dec 19, 2010 - 12:37PM
last night me and my fiance and my 2 13 year old brothers were playing the wii while our two small kids were playing in the living room when my cousin comes over and tells us the cops were in our yard. noone at my house called them so my fiance walked outside to see what was going on. i get a knock on the back door so i go to answer it and as i walk outside i get a flashlight shined in my eyes and immediately questioned by two cops, a male and a female. they ask me if i was two different people and i say no and ask why the are there. they are looking for a neighbor wanted for domestic battery. i seen the guy about 25 minutes earlier and told the officers that, and also told them i havent seen him since and that he wasnt at my house. the male officer asked to search the house so i asked him for a warrant. that was a no go so they couldnt go inside so in retalliation for me not giving them consent, the male officer made rude comments, threatened to get my kids taken away, and called me a liar to my face. very unprofessional. if its worth talking to a lawyer it would be nice to know and maybe get some help finding a good lawyer
Submitted by on Jan 7, 2011 - 11:21AM
Hi Tim, thank you so much for thinking of LegalZoom. We are sorry to hear of the situation you have experienced. If you would like assistance in finding an attorney, please refer to our attorney referral network: http://attorneyconnect.legalzoom.com
Submitted by on Dec 26, 2010 - 11:22PM
cops knocked on my door and my mom opened it and they rushed in searched the whole house found cocain and took me to jail they had a search warrent but they never presented a search warrent or read me my rights is that legal and is there anyway I can fight that or its more he say she say type of thing?
Submitted by on Jan 7, 2011 - 11:38AM
Hi, we are sorry to hear of the situation you have experienced. We'd love to help, but our specialty is legal documents, not legal advice. We can help you find a lawyer to answer your questions, though. Check out our attorney referral network: http://attorneyconnect.legalzoom.com
Submitted by on Dec 29, 2010 - 3:18PM
So who do we report such an incident to? the cops? the "brothers " of the person that came in and searched your house without a warrant? My father was actually coerced into letting the cop in...the cop put his hand on his gun as if to say "if you dont let me in i will get in sumhow". so now what? then tried to say that phones that we purchased ourselves from a store were stolen. what?!?!? so please let me know who we are suppose to report these incidents to i really need to know because this is unacceptable!!!
Submitted by on Jan 4, 2011 - 9:22PM
I have a serious question.My boyfriend is being harassed by the mother of his daughter.She has hit him multiple times and threatened me on several occasions.The police are looking for him now because she is trying to make it seem as if he's doing wrong to her.He also has had the baby for about two months (which she's only 3 months) and she still tortures him for not being with her.Can the police arrest him and search his home based off of what she is telling them? and will they put him in jail for this?
Submitted by on Jan 7, 2011 - 11:45AM
Hi, thanks for contacting LegalZoom. We are sorry to hear of the situation you are facing. We'd love to help, but our specialty is legal documents, not legal advice. We can help you find a lawyer to answer your questions, though. Check out our attorney referral network: http://attorneyconnect.legalzoom.com
Submitted by on Jan 10, 2011 - 10:01PM
Cops broke in and searched my apt. LEFT NO PAPER WORK SO I THOUGHT WE WERE robbed untell nieghboors told me it was the cops. My roomate had a traffic warrant.
Submitted by on Jan 14, 2011 - 10:23PM
The FBI entered my mom´s apartment who lives next door to me looking for my sister who did not show up for court, and they said they had a warrant even when my sister doent live there, the two apartments are connected through the basemant stairs, I was sleeping with my baby and they entered without warrant, without telling me who they were and before asking me to identify my self they grabbed me and told me I was under arrest, until they realize I wasnt the person they were looking for. I was in my underwear, they didnt even let me get dressed and even when I told them they did not have the right to search my apartment they just did it while one of them was next to me with his hand on the gun and my baby was alone crying in the bedroom. when they told me my mom let them in i told them this was a different apartment and they ironicaly said that if we got to the second floor in a helicopter (they did not see obviously the front door and that even we have different street numbers)is there anything i can do???? i feel really violated
Submitted by on Jan 28, 2011 - 5:12PM
We are sorry to hear of the situation you have experienced. Because LegalZoom is not a law firm, we are unable to give you any advice regarding this situation. An attorney might be able to assist you on this matter however. Please refer to: http://attorneyconnect.legalzoom.com
Submitted by on Jan 31, 2011 - 12:24PM
As a former police officer I would suggest that your advice is not really correct. I hate to say this but we have some quite dishonest officers who use "public safety" as an excuse to create arrests. Unless you have witnesses and a video camera, do not allow the police to "just look around", that's in the same line of B.S. as "fits the description.
Submitted by on Feb 4, 2011 - 8:25PM
What if cops force there way in. Search the house because of a call of personal safety only to find out while they were trying to take u in, it was misunderstood from the caller so they left. No search warrant. No mental health professional. No female with cops.
Submitted by on Feb 5, 2011 - 11:53AM
while the police where performing a warrant at a house my bf pulled up. they found some loratabs in the car. i showed up on the scene to get my licence cause i need it he's goin to jail. they search my car and find NO drugs. so then they tell me they are coming to my house!!?? i told them no, they had no reason, and to geta warrent.we wait over 2 hours in my driveway about 2:40 am. when the sheriff got there he told me he didnt have to show me the warrent and dragged me to the door to unlock the door. they scratched out the guys name where the original bust was at, and put my name on it. And he didnt even let me see it until 20 min of them bein in the house. and didnt even let me read the whole thing befor callin a a B and tightening my handcuffs. and then they took me to jail. this cant be legal! PLUS THEY STOLE CLOTHES OUT OF MY CLOSET, 2 PAIR OF PLOL BOOTS AND IM SURE A TON MORE!
Submitted by on Mar 15, 2011 - 8:59PM
A friend of mine that lives in Harlan Kentucky has a son that has a warrant for his arrest for non payment of child support. He does not live with his mom but the Harlan county Sheriff deputy walked into her house and searched her house looking for her son even though she told them he was not there is this illegal. The warrant wasn't for her address and she said they didn't have one what can she do.
Submitted by on Apr 14, 2011 - 10:35AM
Hi thanks for expressing interest in LegalZoom. Do keep in mind that LegalZoom is not a law firm and cannot provide legal advice regarding this matter. An attorney might be able to provide you more information, though. If you would like, we can help you find one at http://attorneyconnect.legalzoom.com
Submitted by on Mar 20, 2011 - 12:33AM
Im just curious what you should do if they come in your house without a warrent? I've heard you need to call the cops to report trespassing or something like that
Submitted by on Apr 14, 2011 - 10:44AM
Hello, this is a great question however we are unable to provide any advice regarding this since we are not a law firm. An attorney may be able to offer you more insight, though. Try: http://attorneyconnect.legalzoom.com
Submitted by on Nov 13, 2011 - 7:18AM
Call The Cops On The Cops??How can That Be?I wanna Know!!
Submitted by on Mar 20, 2011 - 6:20PM
This is for my homework, Iam taking Criminal Justice. If a cop pulls you over for traffic violation, and as the driver rolls down the window he smells marijuana. He arrest the driver and passenger (a married couple) and searches the car and finds more weed, the cop ask the driver if he has any drugs at home the drive says yes, the cop ask if he can search the house, the driver says yes. The police go to the drivers house and search it. There at his house is his roommate, they tell her to come into the living room from her room, they search her and find cocaine in her pocket. According to the paper I got from my teacher, there is no warrant and miranda rights was not read. Is the search on the roommate legal? They also found a gun in in the drawer in the living room, the roommate shouts out thats not my gun. Would her statement be admissible in court and was her arrest lawful.
Thank You.
Submitted by on Apr 14, 2011 - 10:45AM
Hi Gina, thanks for thinking of LegalZoom. We wish we could help, but since we are not a law firm we can't provide legal advice regarding this matter. You may want to refer to an attorney as a source of information and for legal guidance. Check out our Attorney Services Division: http://attorneyconnect.legalzoom.com
Submitted by on Apr 3, 2011 - 9:56AM
My girlfriends ex husband keeps making false reports to Sonoma county sheriff. The sheriff show up father says I'm threatening the children and find medical marijuana arrest me a 215 patient. Girlfriend 215 too my daughter and roommate too the first time. I have police reports that say no crime was committed. This second time ex husband calls domestic violence. Sheriff let them self's in my girlfriend's house while she and her daughter are sleeping without a warrant. Search while girlfriend is held at gun point. The sonoma sheriff don"t seam to believe in a persons fourth amendment rights. While I was down the street at the park,sleeping too drunk to drive home. I was arrested again probation violation. My probation is because I was "Judicially Beat Up"for medical marijuana. I was originally charged with 14 felonies plus 13 enhansments. After going to court forty (40) times or so in three years I pleaded out to a mistremeaner position of marijuana even though I am a 215 patient. I feel mine and my girlfriend's civil rights have been violated. I have court transcripts proving ; my house was entered without warrant , Iasked for a lawyer was told I don't need a lawyer I need to cooperate, i was stalked, storage was searched w/out warrant, medical marijuana distroied many times etc, etc. I have had to sell everything I own to try to stay out of jail.i would like a lawyer or advocate to read transcripts and tell me how to proceed . Thank You
Submitted by on Apr 20, 2011 - 7:36AM
Hi Richard, we are sorry to hear about this situation. While LegalZoom makes creating legal documents easy and afforadble, we can't give specific legal advice about your situation. Feel free to contact our Attorney Services Department at http://attorneyconnect.legalzoom.com/ to search for an affordable attorney in your area to assist and advise you on this situation.
Submitted by on Apr 15, 2011 - 5:06AM
to everyone on this board the cops can do whatever they want, then you get a lawyer who takes your money and says you might beat this when he knows the judge will always rule in the cops favor ,the only chance you have is on appeal if they grant it to you ,so all you can do is bend over and take it. sorry about your luck.
Submitted by on May 1, 2011 - 11:56AM
Maybe someone can help answer this for me. My mom is 72 and my Dad is 82 on friday night around 6:30 the cops came busting thru their front door. Started yelling get down. Mom was in her room when they entered and my dad is really ill and in a hospital bed with oxygen and had hip replacement. Well they made my dad get in the floor with a gun to his head needless to say when he laid down somehow he busted his hand and blood went everywhere. He could not get back up and cops then refused to let him have his oxygen, he is now in hospital with phneomonia, they had to call ambulance. Made my 72 year old mom sit outside for 3and a half hours in her pjs handcuffed. The warrant did not have their address on it what they were searching for no address or anything. Of course nothing was found in the house but it is now a mess for us to clean up. Do we have any recourse.
Submitted by on May 3, 2011 - 4:55AM
DO NOT let them get away with this call the ACLU where you live,call CCR Main Office Line: 212-614-6464.
Mailing Address: Center for Constitutional Rights
666 Broadway 7th floor
New York, NY
10012 and try the National Laweyrs Guild ,and go here http://www.justice.gov/agencies/index-org.html from here you can get the number to call them go to copwatch.com you can find help there to.let me no what happened if you got help or not i will look here for your reply , "And this brings us to a point that has to be driven home with the pitiless force of a jackhammer: It is the guilty, collusive silence of good police officers that makes possible the ever-accumulating atrocities of the 'bad' ones."
Submitted by on Feb 3, 2012 - 6:46PM
Ahhh, but the good cops that allow the bad cops to violate peoples civil rights are equally or more worse than the bad cops. Why, those good cops should know better and not allow the bad cops to do what they do. That, to me, makes them worse.
Submitted by on May 20, 2011 - 9:31AM
We are very sorry to hear about this unfortunate situation and extend our best wishes to you and your family. While LegalZoom certainly helps creating legal documents, we can't give specific legal advice about this situation. However, please feel free to contact our Attorney Services Department at http://attorneyconnect.legalzoom.com/ to search for an affordable attorney in your area to assist and advise you on this situation.
Submitted by on Aug 25, 2011 - 2:28PM
f that they better get some money for that bs or they should be taken out back of that fing station and beat for that bs!!! thats the most f'd up thing i have heard! cops are fed up its really sad
Submitted by on May 6, 2011 - 10:00PM
There is a search warrant on my apartment for my brother, but my name is not stated on the warrant, and my brother is not on the lease, is the search warrant valid?
Submitted by on Jun 23, 2011 - 8:43AM
Hi thanks so much for contacting LegalZoom. Just a reminder: LegalZoom makes it easy and affordable to create your own legal document, but we don't give specific legal advice. However, you can get free legal advice on the LegalZoom Facebook page every Friday. Check out Free Joe Friday: http://zoo.mn/FreeJoe.
Submitted by on May 12, 2011 - 1:24AM
yes its for the address i don't think the name matters,but i could be wrong.
Submitted by on May 22, 2011 - 9:30PM
k,me and my girlfriend have warrants for not payin in a civil matter,and in the last 4 days the police have been called to our house by a nieghbor who dont like us,now the first time they beat on the door and looked in windows but finely left,the next time the swarmed oyr house with a dozen cops and dogs at 11pm kicking and pounding on the door,then opend the windows yelling that they were kicking the door in and would shoot if anyone made suddin moves.they broke my blinds and it was dark in the house and we didnt let them see or hear us plus they dont know who leaves in this house.felt like this was alittle much for fine and civil crap and my kids were there is this legal?
Submitted by on May 27, 2011 - 7:19PM
go to the court talk to the judge get this taken care of its your best bet.
Submitted by on Jun 16, 2011 - 2:00PM
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Submitted by on Jun 9, 2011 - 11:21PM
My brother in law was stopped & detained outside his uncles house that he had been lookim after snce the uncle was admirtted into longterm care facility for those with Alzhimers. The stated they were there looking for his wife they calaimed she had a warrent with a 4way search clause. He was not even in front of the residence he was down the block 3 hoiuses from the residence in question. They stated since she had a warrent that was all the probable cause they needed 2 conduct for them 2 conduct a complete search of the premise according 2 her 4 way search clause. NEITHER OF THEM LIVE THERE IN YHE HOUSE THE POLICE CLAIM THEY DID THEY WERE LOOKING AFTER IT IS OPEN 2 SEARCH AT ANYTIME ACCORDING TO THE TERMS OF PROBATION. YET THIS WAS NOT THE ADDRES PROBATION HAD 4 HER AS THIS WASNT HER HOME. NOW EVEN THOUGH SHE WAS NO ERE AROUND THE HOME, NOT EVEN IN THE SAME CITY, THE STILL USED HER INFORMAL PROBATION AS THE REASON THEY WERE GOING 2 CONDUCT THE SEARCH. WATS EVEN MORE PUZZELING IS HER HUSBAND WASNT EVEN IN THE HOUSE NOR THE YARD OR ANYOTHER PART OF THE PROPERTY BELONGING 2 HIS UNCLE, AND HE ALSO STATED THAT IT WANTS NOT HIS RESIDENCE AND HE HAD NEVER BEEN ANYTHING OTHER THEN HIS UNCLES GUEST IN HIS HOME NEVER A RESIDANT IT WAS NEVER MORE THEN STABLE MAILING ADDRES FOR HIM SINCE THERE WERE MANY TIMES HE DIDNT HAVE 1 OF HIS OWN.
HE HAD BEEN OUT OF TROUBLE OVER 3 YEARS, I KNOW ITW NOT LONG BUT ITS A START ADN EVERY1 HAS 2 START SOMEWHERE...
SO IS IT LEGAL 2 SEARCH A RESIDENCE NOT OWNED NOR RENTED BY NEITHER PARTY YET THEY WERE THE REASON FOR THE SEARCH???
Submitted by on Jul 1, 2011 - 12:03PM
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Submitted by on Jun 13, 2011 - 3:55AM
i let the police into my house to question my youngest son on theft charges, they asked me if they could search his room without a warrant, so i did as i have nothing to hide, but they found nothing, they didnt have my permission to go into my bedroom and take stuff out there which wasnt stolen, so they took two play stations but they wanted to look for a playstation game, as the other playstation was my other sons, the police said that they can seize anything they want, and if i didnt go along with them id be arrested aswell is this right or do i have a case...............
Submitted by on Jul 12, 2011 - 2:09PM
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Submitted by on Jun 16, 2011 - 5:17PM
Hello
I am living on the west coast and helping a family friend
(KJ)relocate from NY and start over after a very messy girlfriend breakup. As I assist him with job applications a previous arrest constantly rears its ugly head:
Location: New York Year: 1998-1999
Scenario: After she was caught in the act, KJ asked her to leave. She refused. They were living together in his home for 6 years. Her name was not on the lease. He suggested that she contact her family and remove her belongings. She left the home and returned with the police officers. The police ascertained that her name was not on the lease. She then said, "What if I tell you he has an illegal gun?" KJ was shocked. He did not agree to a search. She told them where the gun was. He was arrested for possession of an illegal firearm. The gun returned clean. First offense=90 days probation. His court appointed Legal Aid attorney did not focus on the illegal search.
Questions: 1)Have the statute of limitations passed for KJ to sue the police department? 2)Are there legal grounds to have the record expunged? 3)If the job application reads: "In the past eight years have you been convicted?.." Should we submit the above scenario on every application?
Thanks
Submitted by on Jul 12, 2011 - 2:15PM
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Submitted by on Jul 7, 2011 - 12:20PM
can the police come search my house lookin for my kids fathere after i told them he did not live there?
Submitted by on Jul 29, 2011 - 2:33PM
Hi, thank you for contacting LegalZoom, and we are sorry about this unfortunate situation. LegalZoom makes creating legal documents easy and affordable, but since we're not a law firm we can't give specific legal advice regarding your situation. However, you can get free legal advice on the LegalZoom Facebook page every Friday. Check out Free Joe Friday: http://zoo.mn/FreeJoe.
Submitted by on Jul 8, 2011 - 6:03AM
The system stink, the polices think that they can come in your home and do want they want. About 1:00 or 2:00 in the morning, they came to my apt. looking for my grandson for some paper that need to be sign. My daughter said they didn't show her no warrant and they search my other grandson's bedroom, bathroom, kitcken, closets and by me being sleep they just peak into the room. He don't live with me, just his mail come there. They told my daughter to tell her son to come to the police station to sign some papers he forgot to sign when he was release. I don't like them and I wouldn't call them for anything. I am not asking for help and I don't want it any help from them or the lawyers. I will just leave this city and state. You can't get any justice at all. Even the judge won't do anything, they all are for the Polices.
Submitted by on Jan 14, 2012 - 4:44PM
That is BS !!!What is the real reason? Find the real reason!!!
Submitted by on Jul 17, 2011 - 5:31PM
I came home from school the other eve and i pulled in my drive way and there was a state trooper in my drive way. First thing im thinking is one of my dogs got in a fight with another dog and had to be shot or somethingCause they usually let me know if someones around. Any way the officer gets out of his car says who he is and ask me to walk over to the front of the house because some detectives wanted to talk to me. So i go over and in a parking lot next to my house is full of state troopers and undercover. I get over to the detective and he says you know why where here right!! I say no not really. he says come on you know why where we know whats in your house and yard already so don't lie or things will be worse for you. ect ect ect. to get to the point they had my dogs taken to the pound and had already been in my house and yard with out my consent. someone who dosnt even live at my house let them in so i knew they new it was their so I fully cooperated with them. any way this cant hold up in court can it. I think charges should be dismissed completely. totally violating my rights and privacy. And I have no history of any kind.. Looking for some advice please
Submitted by on Aug 12, 2011 - 2:12PM
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Submitted by on Aug 5, 2011 - 3:20PM
if someone is arrested for drugs in my apartment and wasn't staying there at that time what are my rights
Submitted by on Aug 5, 2011 - 3:50PM
If someone was living in my apartment and was arrested for drugs I ha-dent moved in to the apartment yet and wasn't there at the time of the arrest but the lease was in my name . I was just wandering what I should be censurer about I was unawerer of the drugs
Submitted by on Oct 10, 2011 - 9:47AM
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Submitted by on Aug 7, 2011 - 9:30PM
had an investigator visit thursday asked who i was and if i seen a fake man. told him. fri i had 10 stupid cops pointing guns in my face and surrounding my house with my 7month old boy in floor. they rush me cuff me step on my kids foot and toys running around in my living room. i asked wat the hell i going on they said dont play dumb. found out 45 mins later my neighbor had guns, drugs, jewelry missing.. nobody seen any of this fake evidence but they had a witness fill out a form that stated he seen it.. cops did not see anything broken into or jewelry on my property that borders the "victims property". all hearsay. they had a judge sign a warrant for my prop.. this is a small town where no lawyer will sue the city. they are all too scared. i dare legal zoom to find me a lawyer and ill pay him good money to sue the idiots with too much power...
Submitted by on Oct 10, 2011 - 9:51AM
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Submitted by on Aug 14, 2011 - 5:35PM
I asked officers to check on 5 Jet skis i had purchased and one may surely be stolen. Upon arrival it took over 4 hrs to find the vin number in a hidden area. During this time, they went through my other skis, looked inside of them, wrote down vin numbers etc....
One of the ones I was concerned about was stolen, but i never gave them permission to look at the others.
they came back a month later with search warrant and shortly afterwards i was arrested for the one jet ski originally taken. but did they not go outside the scope of my request by going through over 17 more skis????????
Submitted by on Oct 10, 2011 - 9:54AM
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Submitted by on Aug 21, 2011 - 8:05AM
About a few years back my ex and i got into an arguement and he kinda of pull in and I fell( I cried cus it hurt). At the same time a man call the cop on m ex. The cops arrive and arrested him, but i begged them to let him go. After a few min they ask both of us to sign a paper. My ex sign it first and I was refusing to. The cop told me that i have to sign it. Without reading it casu ei was to nervous and in tears about everythign that I sign it. There was no arrest or anything just that we hav eto sign a paper. I was wonder what was that all about.Please help me to understand we were being report that why we have to sign the paper. Or what was that all about. I asked my ex and he says it like a waiver for the police. It statment saying that they were there for the incident but no one want to file anythign is that true. i am worried now thinking about it.
Submitted by on Oct 10, 2011 - 10:06AM
Hi, thanks for contacting LegalZoom, and we are sorry to hear of this situation. LegalZoom makes creating legal documents easy and affordable, but since we're not a law firm, we can't give specific legal advice regarding your situation. However, you can get free legal advice on the LegalZoom Facebook page every Friday and Tuesday. Check out Free Joe: http://zoo.mn/FreeJoe.
Submitted by on Aug 25, 2011 - 5:19AM
Ok 2 officers came to my house outta no where n one officer brang me n my kitchen n told me they got a call about drug trafficking an apparently the people who are coming in and out of my house is doing it... so I ask who are these people now mean while I'm talkin the the cop in my kitchen the other cop sneeked upstairs in my house after I repeatedly told them I did not want them upstairs because my kids were upstairs. So my boyfriend went up behind him n followed him and asked him what was going on and he said they're lookin for someone so am really confused... they got 2differenr stories ... one cop say something bout drugs and the other say something about burgla... should I file a complaint because I told them not to search and the one did anyway
Submitted by on Sep 6, 2011 - 3:46PM
If the cops came and said we have a warrant to search your house but did not have documentation of it, pushed me through the door and started sreaching is that not illeagal?
Submitted by on Sep 14, 2011 - 10:43AM
Good Morning,
Please help!! Legal advice is so desparately needed. Today, SWAT team busted down my father's door w/out first knocking, or with a search warrant...no search warrant. They received a "tip" from his malicious daughter...well he was arrested and guns and marijuana were confiscated. Father has no priors and other what was taken from property he is a kind and harmless man. The daughter who called lives in a different state than my father. What legal rights do my father have in this case? Was not having a search warrant legal? Please help!!
Thank you,
Daughter who loves her dad
Submitted by on Sep 16, 2011 - 7:11AM
If a friend of my children that is 19 breaks into home while away and stole my daughters clothes and straightener ect can she be charged for breaking and entering.Dead bolt wasnt lock so she used a card to unlock the other lock. She lived with us for awhile hasnt now for 3months. Some of her items are here. Which we tell her to come and get them when we are here. she has yet to do that she breaks into our home when were not here and takes things that are not hers.
Submitted by on Oct 7, 2011 - 11:46AM
My 2 year old escaped from my apartment at about 7pm. Naked of course and was reported in the parkinglot of the complex. The reporting person knew her and called police anyway. I was at work and my wife had to go drop off reports and had left our teen daughter in charge for the time she was gone.
The responding officer wasnt pleased with the appearance of the apt and told her that instead of calling DSS he would return two days later and inspect and if the house was clean he wouldnt persue the incident further.
Can he do that? If he can what actural rights do we have when he comes back to do his inspection/search?
Submitted by on Oct 16, 2011 - 11:38PM
No no noo. The cop was giving you a break. Would you rather that, or have your kids taken away?? Think about it
Submitted by on Oct 18, 2011 - 1:52AM
Just in case, if the fallowing situation were to happen. For Instance a situation when someone is knocking at my door and I am kind of buss,and I don't wanted answer the door, I look at the window guest what? I see the police, What should do? Do I fallowed the steps not to answer,I have the right to remain silent under the 5th amendment. And of course under the 4th amendment they have probable cause.So okay I let them in. But if no warrant is issue an exclusionary rule generally anything seized during an illegal search cannot be use as evidenced. Which I not hiding anything,but I just wanted prove my point. I would like to know where to look for the section code or under what title this laws is? Thank you.
Submitted by on Oct 22, 2011 - 4:55AM
Can NYC police come to Suffolk County to search for my son? He does and never has lived with me and my neighbors don't know him. NYC police showed up at my house, went into my yard and rang my neighbor's bells to ask about my son. I feel violated. I am not a criminal and my son is 20. Do they have the right to cross county lines for a misdemeanor investigation? He allegedly saw his girlfriend in a nyc bar and slapped her after she got a restraining order. They came to my house after his father moved out of state and threw my son out. He is NOT here.
Submitted by on Oct 23, 2011 - 11:07PM
my son was out with friends one evening and rode home with a guy who was going to take him home. They ended up at a road block and police asked the driver to pull over because he said he smelled alcohol on his breath. The driver said a girl spilled it on his shirt at an 18 and over club they just came from and that he had not been drinking. The guy pulled over and then saw my son in the passengers seat and said your ( then said his name) he remembered from a previous tresspassing charge 6 monthss prior.( he is on probation for) Then about 5 cars behind them took off from the road block at the same time...all the police jumped in there cars after them..then the guy my son was with took off as well, one cop took off after them...my son put both hands out the window and said im not a part of this officer and said i'm innocent...my son had no control over the other guy and him running and didn't know what to do...my son tried to get the guy to stop and he was scared..needless to say the guy ran because he had a suspended license. My son was scared and didn't know what to do, he even concidered jumping out of the car but didn't want to get ran over or hurt. he finally got the guy to stop and let him out of the car so he could walk to his step dads house, because the guy was to scared to take him home after he ran. my son just met the guy at the club and he offered to take him home because my sons ride left earlier and my son wanted to stay and hang out with his x girlfriend and her mom because he was trying to get back with the x. He has no relations or even know the guy other then meeting that night. he doesn't know where the guy lives or even his last name. well the cops banged on my door because they had my sons name and asked me if someone lived there i never heard of, then asked if he was my son...i told him no i never heard of him and told him my sons name then they said yes he was the passenger...anyway my son wasn't home and i called him and asked him what happened..the officer wanted to talk to him and my son got scared and said he was asleep at a friends house and had no idea what he was talking about ( because he thought he was in trouble )the police left mad and threatned to take out a warrant on my son for interfering with police investigation... how did he interfear just because he used his write not to talk and he was innocent as far as what happened...well the next evening i went to my x husbands house because i have been very sick having treatments my son was with me, and a neighbor said police were banging on my door at 10:30pm sunday evening my car wasn't there and we had a couple lights on because we weren't home. They continued to all walk around my house and bang on the door talking loud and shining light in the windows..the neighbor said it woke them up ( they are an elderly couple) also my Land loards grand parients..That made me mad because that makes us look like bad people and looks bad to our Landlords. especially when i have been very sick and out of work and they have been great to us and good about working with us paying rent late due to my Illness, then this happens..They wanted to talk to my son trying to get info on the guy that drove the truck...he has none and wanted to know his rights before talking to them...They called his cell phone which they had on record along with his address and left a message that he better call before 6am or they will issue a warrant for disruption of an investigation (we live in a small town) and that was their shift so i asume they are trying to trick him by threatning him to talk to them..i told him not to until after we reach our lawyer the next day...my son is on probation and trying to stay out of trouble and we don't need him harrased for something he didn't do and thats why its important we get legal advice first...can they really get a warrant out on him if he doesn't call by 6am and what grounds would that be for because he has the right to remain silent untill an atterney and he didn't run the other guy did and he doesn't know him and the cops don't believe that( they didn't even get a tag # on the truck)...and i don't want them banging on my door all hours of the night on there shift (there wasn't a warrant out on him when they did either, they say they just want to ask questions) can i stop them from waking me and embarrassing me in the middle of the night if they do this again in the future untill my lawyer contacts us and my son can talk to them?? I'm tired of the harrasment and embarrassment especially while im going through chemo..what are our right as far as stopping that and can they take a warrant out on my son? please i need advise ( lawyer should be back in town in a few days but im curious to know now so that my son wont get into trouble..we live in a small town where cops are smartasses and think they are above the law and tend to harrass people quite a bit..they will lie to you to trick you into giving up your rights because they know most people especially 19 yr olds aren't familiar with their rights..PLEASE HELP!!!
Submitted by on Nov 26, 2011 - 12:59AM
i would just have him call the cops and tell them ,just to get them off his back.
Submitted by on Jan 14, 2012 - 4:48PM
Get a legal help, go to senator DA office and have that officer suspended for harrasmemt. Better yet get internal affairs involved!!! Good luck
Submitted by on Oct 24, 2011 - 10:06AM
my boyfriend was in his mom's house with his car parked outside (private driveway) the car ISN'T registered under his name but the cops opened his door from the window without a warrant, and found a baby bag full of weed, then open his trunck and found 4 guns. my boyfriend came out of the house and they found his walet in the bag, everything they found was illegally obtained and the only thing they have pointing towards him is his licens. it's a violation of his 4th amendment and an illegal search and siezer. can he beat his case with a motion to suppress ?
Submitted by on Oct 27, 2011 - 10:10AM
Two sheriffs came to my house at 10:am. They asked to enter and I said no. They asked to look at some of my photos. I brought out some that I had taken in Guatemala, no nudity, all people fully clothed. About 4 or 5 sheriffs came back at 4p.m. They tried to enter the house. I asked them where was their warrant? They didn't have one and told me that I had been watching too much TV. They the handcuffed me and put me on the ground outside the house. They then went through the house taking pictures of minor girls in bikinis, my two computers CD's and photo cards and put them in their SUV. A sheriff came by at 5p.m. with the warrant. He uncuffed me but as it was dark I couldn't read the warrant. They had by this time loaded most of the stuff they wanted. The sheriff that uncuffed me asked me a lot of questions - I either said no or didn't answer. He reported them to both papers as though I had said yes. The D.A. used a picture from a pornographic site to show the judge and my lawyer. I had never seen the picture. All of my pictures etc. were of girls in bikinis. He chose not to use one of them as they weren't pornographic. I pleaded guilty to a misdemeanor as the D.A. would use more of these disgusting pictures to show a jury. My computer had gone to a pornographic site on its own but I always got out of there ASAP.
Submitted by on Nov 3, 2011 - 8:40PM
i had the police come around my house at 12:30am because i approached my ex partner in the street when she has a restraining order against me, when i locked my ront door of my flat to go with the police they smelt cannabis from my flat, they asked 2 search, i said they had no warrant and couldnt, but they took my keys from me.. entered my flat and started searching eerywhere after i showed them where my bit of cannabis was which was a small amount, nxt thing im arested 4 that aswell... did they have the right 2 enter my lat and search with no warrant??
Submitted by on Nov 5, 2011 - 1:27AM
ok i was at my sisters father inlaws helping my brotherinlaw work on his car. i seen like 6 cops comming up the street and we were the only other house they could be going to i had a warrant for fta so i ran into the trailer on my right closest to me. went in and the cops pulled up and the people in the back room come running into the living room and the cops jumped out of there cars and came up kicking the door in and saying get on the ground . long story short the found a meth lab in the back room. and the said in the news paper that they smelt an odor upon interning the room... not at the door or out side so do they have the legal right to enter without a search warrant and charge me with manufacturing and organized crime?
also if no warrant i was told that the evidence they found to charge us with manufacturing is not admissible in court is this true??????????? if someone can let me know i would appreciate it thanx in advance. theoretically speaking of course.
Submitted by on Nov 12, 2011 - 8:43PM
Last week I had been fighting with a friend about her daughters wedding pictures, that i paid for yet wernt done yet. They were so ungreatful and demanded the pictures and were getting rude and hostile with their conversation. I proceeded to state that they will get them when they are done and told them about theirself. They had my little baby girl 14 months old, and proceeded to have excuses each day of why they could not bring her home and was also ignoring my phone calls and texts, as well as fb messages. After two days of serious demands of my daughter my childrens father also backed me up and started calling and texting. In one conversation he stated "whats up with my daughter, you bring her now or im going to get there somehow. She stated back whats up with my daughters pictures?" he said, "you are holding my baby over the pictures that are paid for but not yet done? WOW THATS NOT OUR FAULT. I did not mention earlier but we had no care and no one to take us or we would have been at her door step immediately. If it was summer i would have took the stroller and got to walking. When we had a ride we let her know we were on the way and then she said that my baby was on base with her daughter and husband. We called and texted no answer. So we said we are on our way and i will call the police when we get there. SHE WAS VERY CONFIDENT IN HER VOICE AND SAID YEP GO AHEAD. I was so puzzled, and when we got to her house three cops cars came, and treated us like we were criminals. This lady has so many random problems, and my daughter was not with her in the first place that i couldnt believe how the police were treating us. I helped raise her two oldest daughters, now that they are adults i allow them to come get my two youngest girls to spend time. This woman has a missing child, so i am very much a hyperchondriac when it comes to things happening with the kids. So my question is, Can i file a complaint with the police for treating my fiance and i like we were neglagent parents, asking us if we had a parenting plan, making us leave our baby girl with this woman and made us let all three of them follow us to my house and let them search my home before allowing me to have my child back. I have no record, have always been a great parent, no reason to hold my kid or for the police to treat us that way. they also took our i.ds and searched for warrants. the next day cps interviewed my kids at school and has demanded drug tests from me and my fiance. How could the police not force her to hand over my child? How did they have the right to do all of that? Please let me know your insight and any advise of what i can do would be greatly appreciated/
Submitted by on Nov 26, 2011 - 1:08AM
and when this was going on i bet there was a kid being raped killed starved some where but they were to busy with you to find out .
Submitted by on Nov 23, 2011 - 6:27AM
I HAVE A QUESTION ON SATURDAY MORING I AROUND 10 AM I GOT A CALL FROM A FRIEND SAYING HE WAS OUTSIDE MY DOOR I TOLD HIM THAT I WOULD OPEN IN JUST A MINUTE AS I WENT TO APPROACH THE DOOR HE CAME IN TO MY LIVING ROOM BUT HE DID NOT SHUT THE DOOR TO TO THE FACT THAT HE WAS WAING FOR HIS FRIEND TO COME IN ASLO WHO BY THE WAY IS IN CRUCHES WHEN HE WAS ALREADY IN THE GATE WE HEAR HANDS UP TWO OFFICERS APPROACH HIM AND HAND CUFF HIM MY OTHER FRIEND HEARD AND WENT OUTSIDE TO SEE WHAT HAPPEN AND THEY ASLO HAND CUFF HIM I FOLLOW TO SEE EHAT THE PROPLEM WAS AND THEY ASLO HAND CUFF ME I IN PROCESS OF AND EVICTION AND THEY SAID THAT I WAS TRASPASING AND THATS WHY I WAS BEEN ARESSTED. I PROCEEDED TO THE COPS THAT I HAD LEGAL DOCUMENTS W MY NAME ON IT ABOUT THE HOME AND THEY DID NOT CARE THEY TOOK MY PAPERS FROM ME AND THEY SAID BEACUSE I WAS TRASPASING THAT THEY DID NOT NEED PERMISSION FOR SEARCH WARRANT THEY COULD JUST GO AHEAD AND SEARCH WHAT CAN I DO HELP
Submitted by on Dec 1, 2011 - 10:55PM
Ignorance. It is innocent until proven guilty in the United States. And if you use even the most menial lawyer available they will get you off these charges with no problem. Also any damage that the police caused to your property, you can take pictures of and submit them to the court. If they did not find anything that is considered substantial evidence in the court of law then the damages they caused to your property will actually be assessed by the judge and the precinct will have to compensate you for the damages. And believe me judges are highly educated and astute figures in society. Where as cops generally are not. Ignorant people are not usually favored among people who are educated. So as the defendant if you present yourself well and speak eloquently before the judge when he addresses you then you already have an advantage over the officers. Remember that police officers and any state or government official are civil servants to we the people. We are the ones who are obliged challenge these officials because they too often then not make mistakes and misrepresent the best interest of the public. If you were to hire a plumber to fix a flood in your house and they shut off the main water source throughout the entire house but left without fixing the actual leak & expected you to pay a $1500 fee. I am sure you would expect to see that the work is efficient and the problem has been fixed. If not you wouldn't pay him. Well, likewise we as tax paying citizens pay the salaries of these civil servants. And if they are not doing their job and instead when called to assist or resolve a problem, they instead cost us more aggravation money and all of the rest then we have the right to challenge them. Stop being cowards and stop depending on these sites to give you advice. Anyone can tell you anything on them and you take it as the truth. It is really scary concept. When it comes to the law and protecting your rights, please go to a public library and pick up a book with the local state laws in addition to a copy of the constitution, bill of rights, and the amendments. Which by the way I believe there are around 27 amendments currently to date (the first 10 are known as the bill of rights).
Submitted by on Dec 1, 2011 - 10:58PM
Ignorance. It is innocent until proven guilty in the United States. And if you use even the most menial lawyer available they will get you off these charges with no problem. Also any damage that the police caused to your property, you can take pictures of and submit them to the court. If they did not find anything that is considered substantial evidence in the court of law then the damages they caused to your property will actually be assessed by the judge and the precinct will have to compensate you for the damages. And believe me judges are highly educated and astute figures in society. Where as cops generally are not. Ignorant people are not usually favored among people who are educated. So as the defendant if you present yourself well and speak eloquently before the judge when he addresses you then you already have an advantage over the officers. Remember that police officers and any state or government official are civil servants to we the people. We are the ones who are obliged challenge these officials because they too often then not make mistakes and misrepresent the best interest of the public. If you were to hire a plumber to fix a flood in your house and they shut off the main water source throughout the entire house but left without fixing the actual leak & expected you to pay a $1500 fee. I am sure you would expect to see that the work is efficient and the problem has been fixed. If not you wouldn't pay him. Well, likewise we as tax paying citizens pay the salaries of these civil servants. And if they are not doing their job and instead when called to assist or resolve a problem, they instead cost us more aggravation money and all of the rest then we have the right to challenge them. Stop being cowards and stop depending on these sites to give you advice. Anyone can tell you anything on them and you take it as the truth. It is really scary concept. When it comes to the law and protecting your rights, please go to a public library and pick up a book with the local state laws in addition to a copy of the constitution, bill of rights, and the amendments. Which by the way I believe there are around 27 amendments currently to date (the first 10 are known as the bill of rights).
Submitted by on Dec 1, 2011 - 11:00PM
Ignorance. It is innocent until proven guilty in the United States. And if you use even the most menial lawyer available they will get you off these charges with no problem. Also any damage that the police caused to your property, you can take pictures of and submit them to the court. If they did not find anything that is considered substantial evidence in the court of law then the damages they caused to your property will actually be assessed by the judge and the precinct will have to compensate you for the damages. And believe me judges are highly educated and astute figures in society. Where as cops generally are not. Ignorant people are not usually favored among people who are educated. So as the defendant if you present yourself well and speak eloquently before the judge when he addresses you then you already have an advantage over the officers. Remember that police officers and any state or government official are civil servants to we the people. We are the ones who are obliged challenge these officials because they too often then not make mistakes and misrepresent the best interest of the public. If you were to hire a plumber to fix a flood in your house and they shut off the main water source throughout the entire house but left without fixing the actual leak & expected you to pay a $1500 fee. I am sure you would expect to see that the work is efficient and the problem has been fixed. If not you wouldn't pay him. Well, likewise we as tax paying citizens pay the salaries of these civil servants. And if they are not doing their job and instead when called to assist or resolve a problem, they instead cost us more aggravation money and all of the rest then we have the right to challenge them. Stop being cowards and stop depending on these sites to give you advice. Anyone can tell you anything on them and you take it as the truth. It is really scary concept. When it comes to the law and protecting your rights, please go to a public library and pick up a book with the local state laws in addition to a copy of the constitution, bill of rights, and the amendments. Which by the way I believe there are around 27 amendments currently to date (the first 10 are known as the bill of rights).
Submitted by on Dec 6, 2011 - 11:51PM
how late or what times can a house be raided? If the crime isn't life threatning or harming anyone if it isn't done right away.
Submitted by on Dec 21, 2011 - 4:27AM
any time they want 24/7 when ever they feel is the best time to bust you.
Submitted by on Dec 7, 2011 - 12:17AM
I let my friend move in my house and rent a bedroom from me. She only stayed for 3 weeks then moved out without telling me. She left all her stuff behind and I've been telling her for a month to come get it. Now here it is three months later and still no show. So I threw everything out now she wants to come to my house with the police and i keep refusing let either one of them in. And every time the come back they say they'll have a warrant but the never do. Do I have to cooperate with them if i dont want them in my home because there's nothing there of hers anymore..
Submitted by on Dec 10, 2011 - 1:22AM
One night i had to have my fiance call an ambulance because i bent down toput my daughter in her crib and i couldnt stand up,i was screaming,so the first responder and a cop show up no big deal and i go to e.r,im released with a pulled back muscle.i stay in bed for a week,the sixth day of feeling better,2 officers show up at my door and tell me that they have info of illegal activity going on in my house and told me they had a warrant and said they needed in and pretty much pushed me with myy baby in my arms,they ask if im on prescription meds an what for,they searched my room and found a bit of pot and parahaneliaa,i had my pill bottles out no pills in it.a month later they return with a arrest warrent and charge my fiance with possesion,the officer asked me to search the home,i tod him hell no,he told me if kept running my mouth he would get me a warrant and this time take my kids,my 3 yr old heard this and started bawling,he issued a warrant and thenext day i turned myself in after threats he kept making to my fiance that if i didnt my kids would btaken away,my charges are manufacturing schedule 4,and posession of a controlled substance with a prior,how the hell did this happen,ive neber been n trouble my whole life
Submitted by on Dec 16, 2011 - 4:39PM
next time they show up get a phone or something and record the whole conversation and get a lawyer and take it to court . . . the cop will probably get into huge trouble and know not to f**k with random people anymore
Submitted by on Dec 10, 2011 - 10:44PM
Can a cop enter a garage without knocking and/or being know they r there? Also, there was a noise violation but that would mean they have to go to the front door. Not a garage that is not connected to the house. How is this legal. Plus the owner of the house was not there and the person who said e lives here asked to get his parents but the police would not let him get them unless he blew in the breathalyzer. How is that legal when the person who owns the property is not present for a search and broke the lock on the door
Submitted by on Dec 11, 2011 - 10:46PM
I would like to know when the police tell you they have a search warrent when are they suppose to show it to you or give it to you? They came into my house before i could say anything with their guns out and started to hand cluff everyone, as I was asking for the warrent, they kept telling me it is here that someone has it. they then bought in a dog and the police where seraching my house as i kept telling them i need the warrent, about 1 1/2 hours later they showed me the warrent also the warrent only said my house, do they have the right to serach my garage. Also my son was arrested and when asked for what they never told him him till he was bailed out! He was never readed his right, also they hand cluffed my daughter from behind and she is pregnant can they do that? Can the office close the doors in the rooms where no one can see want they are doing? Please I need help?
Submitted by on Dec 14, 2011 - 5:13PM
So what if they dont find anything can they still take all of my valuables as well as my childrens? Re; The Portland,Gresham and S.W.A.T.. raided my home aprox. 3wks ago the.search.warrent said they were looking for swat riot gear, drugs and firearms.(pretty random right) they found a baggie that had resadue of some kind of drug(RESADUE)and sapposedly a gun that was found in one of the room downstairs that are rented seperately from.the up stairs were myself and children live. They THRASHED my house and made it unlivable not to mention i lost the house anyways because of this but now they wont give my children and I's stuff back, they took 47 PAGES of stuff like all our laptops,cell phones,jewlery, $750.00 cash that they failed to mark on the papers, these things had nothing to do with what they were sapposed.to be here for. Now everytime.we call about our things they give us the run-around, and refuse to give us our stuff. By the way there were no charges filed so no reason to keep it "pending investigation", they even shot my son with a rubber bullet when he told them to speak with his lawyer. And all my neighbors seen and heard this. What.can.i do..........helpless and valnerable against our countries biggest and by far the most dangerest gang of all our nations police depts........Maybe they will just keep putting all of our countries middle to lower class (I say that in a finanial aspect) into these Prisons, since our Prison are the.new.SLAVERY. Owned by corp. and sold in shares by our government. When not all the inmates deserve this cruel and unusual ponishment. The ones that do deserve to be treated this way.like the child molesters, rapist,murderes these ones dont seem to stay in jail, maybe because alot of these crimes are justified by our police because so many our police have also committed these same crimes and gotten away with it. FOOD FOR THOUGHT. YOUR TRUELY ~CHILA~
Submitted by on Dec 16, 2011 - 1:58PM
I just moved into a house less than 3months ago and my house has been broken into several times. I have contacted the police several times and they say no one could possibly have been in my home. I have been having problems with some crazy neighbors and I believe they know or have something to do with it.
Also I believe these particular neighbors are having people they know with authority of sorts enter the house also changed my locks and my realtor just ignored me and brushed me off. We pay so much to live here and its not worth the money. I have had things moved and come up missing cant get any real help dont have that kind of money. I am thinking of getting another alarm system where I live now. Use to have a system where I use to live. Have been called crazy by police anyone knows when there property or things in their home are out of place. Im meticulous about certain things. Ive gotten to the point where I double check myself whenever I live the house. Plus one of my neighbors
son I believe is dealing out of her house so I dont trust him at all. I cant prove it and I also believe he could be one of the persons entering my home. Its like Im the only one around here that personal property is being gone through its like being raped without someone touching you. Called pi and it cost so much money just for even a couple of days to find out who it is. Im getting really upset anyone else by now would have snap on someone because of this its not fair to me or my family. What do I do or what can I do to stop these crazy person or people.
Submitted by on Dec 19, 2011 - 1:22PM
Recently me and a few friends were at someones house and the police showed up for a noise complaint and one of the people there had a regestiered gun pointed at the ceiling when the cops arrived, they said they were going to search the house and the resident of that house said no. the police immediately handcuffed all of us and searched the house anyways. they found drugs in a locked room. Was it legal for them to search the house even though they had no warrant? and we did say no?
Submitted by on Dec 23, 2011 - 1:11PM
I understand all of the laws about police entering your home, but I have one question. If the parents (owners) are not home or out of sight of the police, can a minor that lives there deny them access to the home?
Submitted by on Dec 25, 2011 - 9:42PM
Officers unlawfully entered my home and informed my spouse that they needed to search serial numbers on our tvs and drugs not in plain view were found is that an illegal search and seizure?
Submitted by on Dec 31, 2011 - 8:39PM
Your story is missing a lot of information. Was consent given? Did they have a search warrant?
Your question is way too broad.
Submitted by on Dec 31, 2011 - 10:59AM
OKAY so I was at my ex's today and we got into a very loud fight that yes.. involved verbal AND physical abuse and things were getting smashed and knocked over, I had had enough of the screaming so I left. And as i was about to hop on the bus, I seen 2 cop cars park in front of his building although he is an a****** i do care if he goes to jail/gets taken away or not. What are the possibilities? Im too afraid to call his cellphone.
Note, there are also a few illegal things in his apartment i am so very worried. Someone from the apartment must have heard us argueing and called the police..
my other question is if they knock on his door and he said no, no fighting, nobodys here, can they go into his apartment and search for things?
SOMEONE HELP ME ASAP
Submitted by on Jan 24, 2012 - 8:00PM
My 4th amendment rights were violated 1-15-12 in Desoto county Mississippi. The house I currently live in I used to rent out. My former renter had problems with the neighbors throwing rocks and balls into the yard and jumping the fence between us, trespassing. The basketball goal is intentionally 2 feet from the fence. The renters moved out when their lease was up. Then I moved in and have been back over a year. The problem with the neighbors has continued with up to 30 rocks a day. I have talked to the kids and adults explaining my lawn mower could hurt someone with them or break a window. And the fence is damaged from them repeatedly jumping it entering my property. That they could get hurt plus this is my property and the ball is kicked so hard it hits my truck and friends cars causing the alarms to go off. Several times it rolls under my truck. I have phoned the police who have come out and agreed it was my property that I needed to give them one warning and I could file charges and keep the balls.
Sunday, 1-15-12 a boy came to this same neighbors house when no one was home. No one knows who he is; he was around 10 or 11 and had a small boy with him around 5. He kept throwing a ball into our yard and jumping the fence. My oldest son gave him several warnings to get off our property. The ball was very close to the other side of my yard where my trucks are, so my oldest son, Alec, took it. The boy phoned police, Officer Ben Bynum (badge 1173) and Dale Bryant (1226) knocked on my door. When I opened the door I immediately told them I was not allowing them in the house unless they had a warrant. Bynum asked if I had the boy’s ball. I did not have the ball and did not know where it was I told him. I then tried to explain how this has been going on for over 2 ½ years and as a property owner have the right to protect my property. The boy in a matter of 10 min had come into my yard more than 10 times after repeatedly being told to stay off. Officer Bynum said you’re not the one described to me as taking the ball. Officer Bryant went off, cursing and yelling that I phoned the police and what the hell is the problem, dam it etc. I kept saying I didn’t phone anyone because this has already been discussed with the police several times and I was told I could keep what came in my yard and file charges. Bynum said the boy could file charges, I told him I knew an adult has to file and that he was alone and didn’t even live next door, he was trespassing and that I want to file charges for trespassing. Officer Bynum went off and screamed get your license. As I walked away my oldest son was standing by the door I again said to the officers you are not allowed in my home that I was going to call Officer Lee Holiday who knows me. I walked to my room to get my license and phone, my license is normally next to my phone on my dresser so I checked the pants I put on that I grabbed off the floor. I realized they were with my other cards in my jacket. The jackets are kept on a chair by the front door. There are three North Face jackets. When I walked back to the living room officer Bynum had his hand and foot inside the threshold of my door. I felt threatened and violated. I asked him to remove them he refused; instead he started pushing the door onto my son. I told my son to close the door officer Bynum then shoved the door into my son slamming him into the wall and leaped at me saying he was tired of this crap that he was investigating a crime that I was under arrest. Officer Bryant jumped in my home and kept pushing my son into the wall. My son could see officer Bynum was hurting me and was very concern for my safety he knows I have medical problems. I was cuffed and dragged outside my home with no shoes. My oldest son, tried repeatedly to get my phone but Officer Bryant blocked him in the door way. My son said what the hell, I can’t get my mom’s f’ phone? (He did not say the word) Officer Bryant drags him out of the house and arrests him for disorderly conduct, saying he was too close.
I do not know why I was asked to get my license. I was trying to find them when officer Bynum violated my 4th amendment rights and I felt violated. Officer Bynum became angry when I made the request to file trespassing charges on the boy. Officer Bynum gave my rights away as a property owner to a child when he told me I need to get over it and let the kid in my yard to get his ball over whenever he wants to. He refused my rights when I asked to file charges on the boys for trespassing and my civil rights. There was no probable cause to enter my home. This is an abuse of authority and malicious charges and obscene words. Officer Bryant yelled out loud to another officer in from of my son “what’s society coming to with these (and said my sexual preferance)?” He showed discrimination against me.
Don’t I have rights to say who is allowed on my property?
Did the officers violate my civil rights (4th amendment) ?
Do I have to comply to give my divers license while I’m in my own home?
Submitted by on Jan 27, 2012 - 12:44PM
talk to the cops with the door closed ! now you need to go and file a complaint against them first before you can do anything else,get people who saw this to back you up anyone because the rogue cop will testalie in court they train them to do this. good luck
Submitted by on Feb 21, 2012 - 11:39AM
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Submitted by on Jan 31, 2012 - 4:57PM
NO, unless you live in indiana which is a chitty state and one you wouldn't want to live in anyway.
Submitted by on Feb 1, 2012 - 6:47PM
Cops are not allow in my house without a warrant sign by a judge himself. I will sue their assess. Don't mess with a law knowing citizen. I am SUE Happy... I have cops in my family. I have been told by them they wouldn't want to deal with me as a citizen because I got my constitutional RIGHTS DOWN F--KING PACKED. I have too, I live in NYC......
Submitted by on Feb 8, 2012 - 8:53PM
always video tape your interactions with the police! be polite and let them know you are recording, but don't let them bully you into turning it off. they will tell you it is illegal in order to intimidate you. ask them to cite the law, and that will end it.
plainclothes nypd at my door earlier tonight on an "anonymous" call that i am smoking weed with my kids.... i don't have any kids! they wanted to come in and "make sure i'm not hiding any children..." what?!? they harrassed me to let them into my apartment, to no avail. they would not identify themselves - but there were 6 of them, expecting that 1 dude living alone was going to let them into his 1-bedroom apartment. i spoke with them very cordially and respectfully, but i was not happy to have police trying to enter my apartment while i am trying to relax at night.
in germany they demanded "your papers". in america today they demand to "see your ID". stand your ground respectfully, and excersise your rights.
Submitted by on Feb 12, 2012 - 4:43AM
If I am in custody can the police go through my bag and take my house key then go and search my house without telling me?
Submitted by on Apr 17, 2012 - 10:49AM
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Submitted by on Mar 5, 2012 - 11:12PM
Here is a real winner for you.two officers show up at my apartment,and have a cox cable field rep with them.I have no cable with cox that i pay for. Howerver some one hooked it up so i was getting free cable. Now i have no way of getting to this cable room,so I didnt hook it up. So they knock at my door I see its a cop. I open the door and ask how i may help them. The officer tells me who they are and have this so called woman with them from cox cable and want to come in my apartment.I ask if they have a warrant? no answer and I say to them sorry im not letting you or anyone in my home without a warrant.Now I was being very nice about this. The officer in the background says NO WERE COMING IN!NOT WITHOUT A WARRANT I SAID. the officer reaches for me grabs my rist while IM at my door in my home pulles me out and like I said twist my ristand grags me at my elbo real hard(I TOOK PHOTOS OF MY ARM) PULLS my out and cuffs me!! My girlfriend sees all this happen,and said thats not right. Got cuffs on me and IM thinking to myself "WHAT THE HELL JUST HAPPEND HERE? Im pushed into my home and they come in and tell me to sit down cuffed imn my own home ,for a reason I cant understand.OYA the cox rep walks in as well. No warrant acting like shes on top of the world saying all sorts of BS to me. tells my girlfriend to turn on the tv to see if we have cable.we are both given a ticket for theift of service!! what the hell.NO ONE EVER SEEN ME HOOK ANYTHING UP.NOR CAN I GET INTO THIS ROOM The calbe rep for cox came into my place took photos entered with out a warrant or told she could come in.I really think that I can sue cox and go after the cop as well. Any feedback would be great.
Submitted by on Apr 18, 2012 - 8:12AM
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Submitted by on Mar 7, 2012 - 3:17AM
she was home he wasent the police came they dident have a warent they wher ther on hear say thay pushed hear aside interagatting her till he got back he pulled up thay rushed him tock him to jail told her to walk.they searched home fond drugs and other stuff.now whats going to happen
Submitted by on May 9, 2012 - 10:05AM
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Submitted by on Mar 21, 2012 - 5:53PM
Say you live in a apartment and you're not home, Law enforcement gets the security to open your unit, and sets up hearing bugs and video. Can they even use anything recorded through that to incriminate you?,And can the security take any blame for his actions?, Do they need a warrant to show the security, and if they dont find anything that is considered a contraband can they set up recording devices.
& another question is i dont know if i've watched to many films. but can an officer impersonate a technician/plummer or anyone else to enter a property and set up these sort of devices?
Submitted by on May 9, 2012 - 1:44PM
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Submitted by on Apr 16, 2012 - 2:41AM
"It's not in your best interest to deny them access because there may be extenuating circumstances that you don't know about" What absolute HOGWASH. It is ALWAYS in your best interest to keep your door shut against the police. The same applies even if you have no reason to think they are out to get you; better to be safe than sorry. The same applies ESPECIALLY if they are acting tough and threatening to break the door down. Let them break it down rather than open it to them since you have absolutely nothing to lose.
Submitted by on Apr 26, 2012 - 7:31AM
We are citizens! We have our rights! Police can not, I repeat can NOT come in or search your home without a warrant!! Only if they see a crime happening in your home like for example.... Somebody screaming for their life, they hear gun shots, or.... if you let them in. Never believe everything a cop tells you! They like to lie to get what they want or hear. Not every cop is a good cop, some of them don't follow their own rules. For the people that don't really know their rights, this is how they get taken advantage of. You do not have to answer any of their questions, "you have the right to remain silence." If you are wrongfully arrested, do not say a word to them wait for a lawyer! So remember, no warrant means no trespassing and make sure you read it!
Submitted by on Apr 29, 2012 - 12:24PM
my son is 20 and has a restraining order against him from his 17 year old girlfriends dad... we were out of town one week-end and Courtney wanted to get some things from the house since ben wasnt there i told her how to get in and get them. her dad had the police watching the house they saw her car there and stopped also called her dad. they knocked she answered they cuffed her towed her car and released her to her dad. as they were doing that the police decided to look from room to room without permission to see if ben was there and of course he wasnt he was 5 hours away with me. now he got a paper with a court date saying they are going to revoke his probation and put him in jail for 90 days...the prosacoter offered him a plea 15 days of course we didnt take it he wasnt there. should we sue them for unlawful entry in our home? does anyone know how to look this up or what we should do? they shouldnt beable to get away with this and i respect the law and brought my children up to do so.
Submitted by on May 10, 2012 - 1:07PM
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Submitted by on May 18, 2012 - 1:13PM
CA Fish and Game came into my house years ago without a valid warrent. They were already IN my house while I was in the back yard. They entered through the garage because it was unlocked (but closed) and into the unlocked door into the house. They flashed me a warrant, but it only had initials (SLO) and no warrant number. There wasn't a warrant number for six months!! They didn't allow me a phone call for 8 hours!
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