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N Cal Attorney
N Cal Attorney, Lawyer
Category: Criminal Law
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Experience:  Since 1983
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my questin is that on a they specified drugs in my sons room,

Customer Question

my questin is that on a they specified drugs in my sons room, but yet they tore my whle home up and the took two pellet guns from my room. we rent this room to our son and it was loced. so i told them to break the door because we did not have a key' what bother me is the warrant ststed his and they went throughout my home. thank you for any advice that you could give me concerning this problem. Ok the warrant says the eye witness who is testifying against my son said drugs were weighed and pachaged in my sons room. stating our home address. When they entered the house there were twelve guys and we spoke with the head boss and told him my son rents the room and that his room is locked and we dont have a key. We told them that they could break the door down but does this give them the right to go threw every room and destroy our property?We also opened every safe in the house and they still broke one with a crow bar. If my son pays rent do they have a right to destroy the rest of the house if no one else in this house was mentioned about drugs?
Submitted: 5 years ago.
Category: Criminal Law
Expert:  N Cal Attorney replied 5 years ago.
Was there a search warrant limited to his room?
Customer: replied 5 years ago.
No the warrant states residence but the witness stated his room which is locked and we dont have a key
Expert:  N Cal Attorney replied 5 years ago.
It sounds like the warrant authorized them to search the entire house.

http://lawyers.findlaw.com/lawyer/firm/Criminal-Law/Virginia-Beach/Virginia is a directory of criminal defense attorneys in your area, many of whom offer a free consultation.

Whether your rights were violated depends on the exact wording of the warrant and the living arrangements. If your son had access only to one room, with its own separate entrance, then your rights probably were violated. If he haccess to other area of the house, they were allowed to search there.
N Cal Attorney, Lawyer
Category: Criminal Law
Satisfied Customers: 8218
Experience: Since 1983
N Cal Attorney and 2 other Criminal Law Specialists are ready to help you
Customer: replied 5 years ago.
He has three doors one leading outside of the house the bedroom door and a door leading into our kitchen he has access to the shower and kitchen the rest of our house has doors with locks on them and we lock our doors we also told them this. We stated we lock all our rooms and the person staying in that room has there own key. Each of my two children living with me have a room and a door witch they lock so does that mean the warrant can be for entire home even though its like renting a room?
Expert:  N Cal Attorney replied 5 years ago.
It is hard to predict how the Courts would rule on that, and I still want you to consult a local attorney, but it seems like they should not have searched more than his room and the common areas of the house.

Thank you for accepting my answer.

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