a month ago the lasalle co. police officers came into my home with out a warrat. they took me into my own back yard,were about 8 cops were already searching my truck. they found some 9mm sell casings on the floor mat.they had got a call that someone in a black suv had fired some shots inside the city limits. so my suv matched the one they were looking for. they searched my home with my two small children and my mother were still inside the home.they did not have a search or aresst warrant,not till they found a 9mm handgun did they place me and my wife under arrest. can they really do that???????
2006-10-01 15:07:54 · 16 answers · asked by bossmann 1 in Politics & Government ➔ Law Enforcement & Police
+ They have the right from a description to search your vehicle(if it matches preferably by plate number), but not your home without a warrant. If they knocked on the door and they said why they were there, and someone let them in then they had permission from a resident to search. If they did not say what they were looking for and just let themselves in then they were in doing it right. There is a consideration called hot pursuit for a felony crime. Could this apply?
2006-10-01 18:10:34 · answer #1 · answered by Clamdigger 6 · 1⤊ 2⤋
yes its an exception to the warrant requirement.
First of all you do not need a warrant to search a motor vehicle the Officer only needs probably cause.
The home offers the most protection under the 4th Amendment.
The police can only enter with a warrant, consent from someone with common authority or emergency circumstances.
Your situation falls under the emergency circumstance exception. The police got a call from someone and your SUV matched the description and they looked inside(your drive way or other open area exposed to the public is not protected) and saw shell casings in plain view. Now they have probable cause, due it being a issue with a firearm this would hold up in court as being an emergency situation to enter. (in most weapons situations the police only need reasonable suspicion which is lower than probable cause to search)
2006-10-01 20:36:45 · answer #2 · answered by McOff.80 2 · 0⤊ 2⤋
If they found a vechile fitting the description, and from the window of the truck they saw they shells in the truck,
Also how did they come into the house, knock the door down or knock and ask to come in.
And it is possible that they had a warrant oked by a judge over the phone but not one in hand ( that is allowed)
But in some states the truck, and the shells seen would be enough probable cause to allow them to arrest you.
2006-10-01 16:33:41 · answer #3 · answered by Anonymous · 0⤊ 0⤋
I'm trying to understand why the police were in your back yard. Your expectation of privacy extends to the area immediately around your home - the curtilage -
No warrant or permission to search the house?
Your lawyer has to file motions for discovery and, if this is as bogus as you described, motions to suppress any and all evidence.
2006-10-08 12:59:40 · answer #4 · answered by Prof. Cochise 7 · 2⤊ 0⤋
I suspect the issue was not probable cause, but immediate pursuit. Cops in immediate pursuit of a person who is believed to have just committed a crime can enter a home without a warrant.
To beat this -- assuming you are innocent, and I am not going to make that assumption in this answer -- you are going to need an attorney who can convince a jury that there are a number of such SUV's the same as yours.
And, you are going to need a story to explain the shell casings in your pickup.
If your SUV engine was warm when they got there, you are in deep trouble, fella'. I suspect that it was indeed warm, right?
2006-10-01 15:20:57 · answer #5 · answered by retiredslashescaped1 5 · 0⤊ 2⤋
they can only use the evidence if they could see that the shell casing for plain view. if the shell casing were not in plain view the evidence goes out the window. They have to show a search warrent or ask your promission. the search from what you decribed lacks the legal guidelines for a search.
2006-10-01 15:18:32 · answer #6 · answered by steven b 2 · 2⤊ 0⤋
I was Security Police Officer In the USAF, The police can stop all vehicles that match the description from a call. They can also use tool called probable cause. Which it sounds like they did to you
2006-10-01 15:16:12 · answer #7 · answered by spyderman131 3 · 0⤊ 2⤋
well with a car matching the discription and shell casings on the floor they do have probable cause but only if they could see the casings from the outside if they had to move anything then i dont think they can make it stick. explain every detail to your DA or your lawyer and see if they can help you out.
2006-10-01 15:12:02 · answer #8 · answered by gsschulte 6 · 0⤊ 2⤋
Since the shell casings were in plain sight they were then able to follow through with a more complete search....not needing a warrant.
2006-10-01 15:17:43 · answer #9 · answered by kar_summers 3 · 0⤊ 3⤋
It's called "probable cause", and such a search is perfectly legal. Apparently they thought they had reason enough to search you & yours, and they were apparently correct because they found shell casings in your truck and a pistol in your house.
2006-10-01 15:12:08 · answer #10 · answered by My Evil Twin 7 · 0⤊ 2⤋