in Oregon, if you live in "Shared Housing" what is legal entry with a warrent to arrest you?

Question

and do they have right to search your "home" (ie. room) for anything without showing you a warrent?

entry to the "House" was by another tennent.They removed items from my room without permission to enter, after I was detained, claiming "plain sight" gave them rights to confiscate. I asked to see warrent, they said they had none. Can I still be charged?

I am also visably physically Handicapped. Should I get representation from the ADA?

Answer 1

Garrrrrrrrrr.

If people would actually READ your question, they wouldn't be so prone to provide erroneous answers like ALL of the above.

As much as I am for the weeding out of badge-bearing bullies and corrup government officials and other kinds of useless public servants, it sounds to me as if no warrant was necessary for them to enter nor to search, nor to take, nor to arrest. It sounds like some stupid roomate of yours gave them all the legality they needed by stupidly opening the door after hearing someone knocking on it.

Once the door is open, they may enter with or without any additional 'permission'.

Once inside, they may perform a search of potential dangers to themselves (or other occupants) by opening any and all unlocked doors of a size that could conceal a person preparing to assail them.

While performing said search, if there is anything illegal to possess in plain sight (meaning not under a sheet or in a drawer, or behind a book, etc.) then they may confiscate it and arrest any or all of the occupants of the premises in relation to it.

It will not hurt for you to call the ADA, but, what I would do if I were you is immediately replace your roommates.

Answer 2

An arrest warrant gives the police the right to enter your home to arrest you if they reasonably suspect that you are there. It does not give them the right to search the home for anything except you yourself, except that they can do as much of a look around as is necessary to protect their safety.

If they get a search warrant for your "home" they can search your own room, plus any areas to which you have access - common living room, kitchen, bathroom, etc.

The police never have to "show" a warrant - arrest or search - when they serve it. Most times, especially on search warrants, it's issued over the phone so they don;t even have it with them, and an arrest warrant may only be known to them because it's "in the computer".

EDIT - to Dan - a "search incident to arrest" does NOT extend to the arrestee's home. It allows for the search of his person, and his vehicle if he's arrested while driving.

Richard

Answer 3

If they have the warrant, they don't need to show it to you before they can come in and search--they have the right to do that when they get the warrant from the judge. (It's been called the no-knock rule--they can just yell, police-search warrant and bust the door in if they want to.) If they had no warrant and were invited into the house by any adult who lives there, they can look at anything in plain view. If an adult who lives there said they could look around, they were given permission to look through whatever they want.

Answer 4

No. (You mean like with roommates and the roommate is who they are officially after?) They can only search common areas of the shared housing and their room unless they have a warrant specifically for you and/or your room.

If you don't think they had a legal reason to seacrh your room and they did anyway and found something they are now using against you, you should get a lawyer and have them suppress that evidence based on an improper search.

Answer 5

They can search your home without a search warrant if there is an arrest warrant. Once they arrest you, it becomes "search incident to arrest."

EDIT - Richard - okay, this is coming back to me now. It's been a few years. :) Once they enter a home to serve any kind of a warrant, they can go through the entire house to secure it for their own safety. Anything in plain view becomes fair game. I know you're right about the search incident to arrest thing.

Answer 6

if the "details" in the warrant are specific enough they can take anybody anywhere, what they search once you are in custody may be different in shared domiciles

Answer 7

They should of given you a copy of the warranty??If required in the city you live in>