Is it an illeagal search and seizure if there was no search warrant?

Question

My home was raided by our local task force, they did not obtain a warrant until after I was in jail. After receiving my motion of discovery from the prosecutors office there is also no probable cause afidavidt for either the warrant or the raid, and no information on why my home was invaided.

Answer 1

Wow, I guess it really does work when you report abuse on Yahoo Answers...

Answer 2

(In the US) Absent specific exceptions, your home cannot be searched, nor property seized from it, without a warrant.

The main exception is if the police were allowed in with your consent, then anything in plain view can be seized. Other specific exceptions also apply.

But based just on the facts you have given, in the US, that search was illegal, both because it failed the proecural requirements for obtaining a warrant, and because no warrant was issued. Thus, any evidence seized during it cannot be used during your trial.

Your attorney needs to file a timely objection. Based on those facts, you can also get an attorney to sue the officers and the dept for violation of civil rights laws under 42 USC 1983.

Answer 3

In exigent circumstances - for example, if the police suspect you have abducted a child and are holding the person in the house, and you may harm them - then they don't need a warrant. Most times, they do. There are strict limitations on what they can do even in an emergency situation.

Answer 4

your attorney should file a motion for an exclusion of any evidence that may have been discovered by any search prior to the issueance of a legal search warrant.

he/she should also file a motion for dismissal.

Answer 5

Yes the constitution is very plain on this suject. However under the patriot act they have attempted to undermind the constitution.