Search Warrant?

Question

my friend had a search warrant done at her home yesterday morning. the thing is she felt a bit harrassed by it all. it wasnt her name on the search warrant it was her boyfriends. the thing is they asked her questions and she has kids and they made it that she better answer or they use her kids to get to her. they mentioned to her about SOcial services about 5 times. they also video taped the whole thing and put her in the video made her talk and say her name and her brithdate and her kids names and birthdate. It seems like she is Traumatized by this happening. Knowing too the police were real Fruastrated because they did not find NOt one thing!

the questions is "DO they have the RIGHT to Video Tape " and HArrass about the Kids ?????? Main concern is the Video taping!

Answer 1

I think it's a good idea to video tape, so they don't get accused of wrong doing by loser criminals. It doesn't really seem to be harassment to let her know that they could call social services. It doesn't matter if her name was on the warrant or not. As to whether or not the police were frustrated about not finding anything - I don't know about that and neither do you - because we weren't there.

Answer 2

The problem I see here legally is the fact that the police did not provide miranda warnings to this young lady. Yes, they had a valid search warrant and they could enter and search the area described and for the items listed to search for. However, when they came in contact with a person of interest in the investigation, which clearly she was, they had a legal obligation to provide her a copy of her miranda warnings and explain them to her. At this point they asked her qeustions without her knowing her legal right to not answer and to have an attorney present. None of her answers are admisible in a court of law due to the fruit of the poisonous tree doctrine. These officers know better than that because it is taught in every police academy in all 50 states. It is mandatory and not optional. This is the most common mistake officers make, the forget, or intentionally do not provide miranda warnings and the case falls apart because the answers to the questions are not admisible.

Answer 3

The thing your friend has to remember is that she has no obligation to the police except for what is on the warrant. If she does not wish to answer questions, she does not have to. It is best to cooperate as much as she feels comfortable. If he does not wish to answer a question, she can simply say I really do not feel comfortable answering anything without an attorney. They may get mad, but there is nothing they can do. As for her kids, they cannot take them to a formal questioning without her permission or a guardian ad litem (court appointed guardian) present.
She should not be worried about her birthdate and kids names and stuff like that. That kind of information the police can get from the DMV or several other sources and it cannot be used to hurt her in any way. Birthdates are a common method of confirmation so they can be sure they are talking to the right person.
If she does feel she was harassed or unjustly searched, she can file a complaint with the police department.
Just tell her to remember that she has no obligation to give them anything other than what is on the warrant. If they do bring her in for formal questioning, have her tell them she does not mean to be an inconvenience, but she wants an attorney present before answering any questions. If she is polite, but firm in her position, there is nothing they can do to her.
A note on the social services thing. Police officers will often use empty threats as a way of getting information. If your friend does not feel comfortable talking, she ALWAYS has the right not to say anything until an attorney advises her otherwise. They cannot take her kids for that.
Best of luck.

Answer 4

The boyfriend in this case is a loser. Obviously he's up to no good or there would not have been a search warrant with his name on it. Even if your friend is not directly involved in what ever trouble he has gotten himself into she IS responsible for what ever goes on in her home and she can get her kids taken away if there are illegal activities taking place in said home. The police where smart to videotape everything that way no one can come and say that things happened that didn't. Chances are your friend knows more about what's going on then she's letting on. I highly doubt the police are going to video tape themselves harassing anyone. IF your friend doesn't cooperate (under certain circumstances) they can get her for harboring a fugitive.

Answer 5

A search warrant gives the right to search. It must state what they are looking for and where they can look. They do not have to put things back after.

You should have insisted on a lawyer before taping. Even if the warrant said taping was ok, you need to have your rights protected. If you have done nothing wrong, you have more of a right to protection than someone who did something wrong. (I believe the courts are too lenient on criminals and that last statement is my opinion. I am not a lawyer and laws may change from state to state.)

Answer 6

Sounds like they were really fishing. If they had a search warrant to search for stuff for her boyfriend, she should get out of there really quick. For her kids sake. If they found drugs in the house, it wouldn't matter that they weren't hers, they can still take her kids away for allowing drugs in a house where her children are. They call it child abuse. Tell her to dump him.

Answer 7

social services may be involved if there is criminal activity taking place at the home. Although your friend my not be a criminal, she has a legal obligations to protect the children (physically and morally) from criminal activity, especially where they may be at danger (drug activity in the home).

Answer 8

Sounds to me like your friend needs to dump her no-good boyfriend pronto.

Answer 9

she should have refused to answer anyhting and asked for a lawyer.

Answer 10

What is your question?