If police come to my house on a search warrant for drugs can they search my whole house? They found numerous drugs and did not make any arrests and its 5 days later. When I went to the court house they have no file of the warrant or charges. The police took my lease too. When they came in they had assault rifles and no uniform and yelled get the f*** down! Does this sound right to you? They also could not provide me with an affadavit or a probable cause and would not let me make any attorney questions
2007-02-26 17:14:10 · 5 answers · asked by Emily W 1 in Politics & Government ➔ Law & Ethics
The search warrant would state where and what is to be searched and/or seized. Arrests should have been made at the time of the seizure, given the amount of drugs seized. More than likely, all adults in the house would have at least been detained, questioned, and potentially taken to the police station. What doesn't make sense is the court house not having a record of the warrant. In order for the warrant to be valid, it must be signed by a fair and unbaised magistrate (judge) with jurisdicition over the area. The police would have had no reason to take a lease, and if they were serving a warrant, they would have had to had some kind of uniform or badge for you to know they are really police officers. They would have had to have probable cause to get the warrant, which should have been provided to you. Technically, during a warrant, they would not have to let you speak to an attorney and wouldn't have to give you Miranda rights if they did not arrest and interrogate you. No, it doesn't sound right... there are a lot of parts missing from the equation.
2007-02-26 17:26:35 · answer #1 · answered by Crystal N 2 · 0⤊ 1⤋
Yes, police can search your whole house if they have a search warrant for drugs, stolen property, etc. I am not sure how the court files search warrants or if that is public knowledge before charges are filed. Since you have not been arrested, it would be safe to assume that no formal charges have yet been filed, thus you have no legal right to get a court appointed attorney. You most definitely could get your own attorney, just not one provided by the court. It is also possible that they are not after you, but after someone else and the drugs and your lease are evidence against this other party.
2007-02-26 17:21:26 · answer #2 · answered by msi_cord 7 · 1⤊ 0⤋
Your Blog raises a thousand questions;
Yes, they can search ALL of the house, outside, carports, garages and any nook and cranny capable of concealing drugs....including your anal orifice...
Your not entitled to a statement of probable cause from the search warrant, only the judges order of search bearing his signature; if the warrnat was done telephonically, it will not bear a signature.
Generally, the police have ten days to return the warrant to the court clerks office as served and must also return an invetory sheet showing what was found in your house along with it.
When the police entered and said get the F*** down it sounds about right to me, so, get the f*** down...
, your lawyer might get the PC declaration on motion as a defense; however, thats a moot point now that they have drugs from your house and you are now stuck with affirmative defense to show the drugs were not yours, ,,
But, there is a slight chance it was not the police and you got ripped off...
But, if you saw many cop cars, it was the cops...ain't it cool?
Your prison bound boy...
The cops are now waiting for you to go to sleep and come back for a visit...wish I were there , so, get the f*** down...
2007-02-27 10:09:48 · answer #3 · answered by Adonai 5 · 0⤊ 1⤋
You should have been shown the warrant at some point during the search. Usually after securing scene. There are different kinds of warrants and once you obtain a lawyer they will find out if the stipulations of the warrant were followed.
2007-02-26 17:27:48 · answer #4 · answered by desperado4363 2 · 0⤊ 0⤋
Oh no u didn't. Sounds like you are going to jail sometime in the not too far away future. No one probably went to jail becuase someone, likely you, told the police you would cooperate. Now you are trying the best you can to get out of this trouble. Your reaction is the typical doper response. Spill your guts when the cops are their and then try to weasel out of helping the police.
If the swat team kicked in on you there are lots of problems coming in your future. Hope you like jail.
2007-02-26 23:33:32 · answer #5 · answered by John F 2 · 0⤊ 0⤋