I won't bore you with the torrid details...but..if police have a bench warrant, NOT a search warrant, and they believe juvinile son is in my home (he has not commited a crime, other then not following DHS guide lines) #1.Do I have to let them in? #2 Can they search my entire home? #3..If so, are they allowed to search places that would be impossible to hide? ie: drawers, or top of shelves in closets, medicine cabinets. even though it is obvious a 120# person could not hide there. #4. If in that search they saw / found paraphernalia (old pot pipe)would it be considered probable cause to tear my house up looking drugs? Any words of wisdom, other then I shoudn't have kept souvenirs from past, would be appreciated. Thanks
2007-12-14 09:10:00 · 9 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
I would say no.
You can say "He's not here, Officer" and if they ask to search, say "no." If they insist on doing it, make it clear "this is under protest and without my consent." Get it on the record, but don't resist and court more problems.
If it turns out that the search was beyond the lawful scope of the warrant, you've made it clear you didn't volunteer and you might be able to get the results thrown out.
2007-12-14 09:13:04 · answer #1 · answered by Anonymous · 0⤊ 2⤋
1
2016-06-11 20:03:48 · answer #2 · answered by ? 3 · 0⤊ 0⤋
In Canada, an entry warrant AND an arrest (bench) warrant would be necessary to get into someones home if informed consent was not given.
Citicop has the other questions about the paraphernalia covered.
2007-12-14 11:45:39 · answer #3 · answered by joeanonymous 6 · 0⤊ 0⤋
The warrant for your son allows them to come into the residence, even if you don't want them to.
If the paraphernalia was not someone your son could have reasonably been hiding, it will be excluded in court and can't be used against you. If it were somewhere he COULD have been, they would have had probable cause, but proper procedure would have been to secure the residence and obtain a search warrant for the drugs based on the pipe.
2007-12-14 09:14:54 · answer #4 · answered by Citicop 7 · 1⤊ 1⤋
Yes, if they hold a current bench warrant they can Knock and Announce and enter and search if they have reason to believe the person is there. See http://www.vanwagnerwood.com/CM/Custom/arrest_warrants.asp
By the way, your son did do something wrong. He at minimum failed to appear in court.
It is not unreasonable for them to look in to locations that you say a 120 pound person can not fit as these places could be modified to allow a person to fit. A large hole could be cut with a medicine cabinet front that allowed a person to hide inside dead space in a wall.
2007-12-14 09:22:09 · answer #5 · answered by davidmi711 7 · 1⤊ 1⤋
1. Yes you do have to let them in
2. Yes they can search your entire home
3. Yes they can search in drawers everywhere
4. If they found paraphernalia that would cause them to search the whole house in search of other drugs
2007-12-14 12:35:30 · answer #6 · answered by Ashley P 2 · 0⤊ 0⤋
Yes
Be smart
1.call a lawyer
2.he'll tell you to turn the kid in
3.he'll charge you to have him turn the kid in
but he'll probably be able to get a better deal for the kid then you will alone.
or just wait like most foolish people do,till the cops kick in you door at 3:am and drag your butt out of bed and start ripping your home apart looking for whatever it is you,your son or whomever is trying to hide.Maybe then they will arrest you for harboring a fugitive too.
wise up -get on the phone now.
2007-12-14 09:21:23 · answer #7 · answered by Anonymous · 1⤊ 1⤋
Don't keep the pot pipe if you don't use it anymore.
2007-12-14 09:26:12 · answer #8 · answered by Melissa E 4 · 0⤊ 0⤋
You can say no but who do you call if they insist going in? another police? lol .. say no and get their name and badge number f they insist going in... then call a lawyer... chaching! if your lawyer is good you'll get paid... lol
2007-12-14 09:16:22 · answer #9 · answered by Sonnie 5 · 0⤊ 1⤋