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romlawyer, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 1170
Experience:  JD, 75+ Trials, 1000s of cases, Licensed in PA
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Two police officers walked into my open garage, through an ...

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Two police officers walked into my open garage, through an open door into my kitchen, then onward into my livingroom to find me drinking grape koolade and doing research in my Bible (I am not making this up!!!). BUT on the end table was a tray containing cocaine. The officers say that my 18 yr old daughter told her to enter the home. My daughter does NOT live there and was just visiting for two weeks. She lives out of town and this is easily proved since she is in the Army based from that town, her TDL is there, etc. I am sole owner of my home and live alone. QUESTION: Isn''t this illegal search and seizure? I spent nine days in jail, meanwhile my daughter stole $1000. cash from my bank, my Visa credit card, some household belongings like portraits off the walls, and my car and drove off to Kansas. It has cost me enormously to get the car back, and tomorrow I go to court (will most likely reset)...what do I do?
Submitted: 8 years ago.
Category: Criminal Law
Expert:  romlawyer replied 8 years ago.

The illegal search and seizure laws must be invoked by the defendant by the filing of a motion. The burden then shifts to the state to prove that a warrantless entry was legal.

You have to file such a motion, and set up such a hearing.

The issue will be whether the police reasonably would have believed you daughter had authority to let them in...

Your case sounds like it has merit.

romlawyer and 6 other Criminal Law Specialists are ready to help you
Customer: replied 8 years ago.
Reply to romlawyer's Post: at court that day my lawyer was busy and sent another in his place. All he could do was hand copy the police report and reset until june.

I read the report which was painful since it was written left-handed. All jokes aside it sounds like I have a 50-50 chance. My daughter signed something allowing them to enter. And since she technically is in the army, they may argue she has no home aside from where she sleeps.

I will take your advice and immediately (have my lawyer) file the warrentless motion but right now I feel like I need a hug more than I need the lawyer I hired!

Have any advice on how I can find a smart lawyer? Wading through stacks of generic lawyer mail is not my style. What I'd really like to find is a lawyer, possibly a student who can teach me how to sue.

I want to learn how to operate in civil court since it's stacked against the average taxpayer in criminial court. I'm a quick learner and wouldn't hold the "teacher" responsible for anything. Or recommend a good book on the subject...

Houston doesn't have a public defender and honestly I no longer trust various "agencies" to make smart decisions on my behalf.

Thanks again, the money is yours. Tell me if I pushed the wrong button or something as this is my first encounter... Carin

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