Criminal Law Questions? Ask a Criminal Lawyer.
They should have presented the search warrant when they first entered your residence. They should have given you a copy while they searched
they did not
The search warrant should say exactly what they are looking for as well as where they want to find it
they were told that there was a meth lab here and there wasnt
My boyfriend saw lights in the front and when he went to go to open the door, they rammed the door hitting him wwith the door
I understand your scenario and facts
what they did wrong was they had no warrant upon entry
Yes, you may erase your phone, if you can do that remotely.
They need a warrant to get any information from your phone
At this time, have you been charged with any crimes?
did they violate the fourth amendement knock and announce as well:?
So, if you have no charges, you can try to find a local attorney to take a civil matter for the Constitutional violation
the detective called CPS on us, can i get him for harrasment as well?
If there is no evidence of any crimes
Then there was no need to call CPS.
Yes, that would be harassment. Absolutely
They found my boyfriend had marjuaina very little and some pills that i didnt not know about
They warrent was for meth and the componets to make it.. No where did it state about anything else drug wise.
Well, that would be a reason to call the CPS
They did not charge him with anything, they just drove off...
The cop can say he didnt know whether you knew or not
He did state that i didnt know about it
they drove off after giving him the search warrant and letting him out of the cop car, Without search warrant upon comming in my home they opened all my windows while my 1 year old was in a diaper it is 25 degrees here
After completely going through my house and everything is when my boyfriend got the warrant, which he did not sign they put his name on it
What was the purpose of opening the windows?
If he did uptain a search warrant for the phone wouldnt he have to present it to me as well?
apparently for chemicals, they never said anything to us
Yes. You would get a copy of the warrant
they just did it
I should of recieved the warrant upon entry to the home?
That is how it works
And it should have your address and what they are looking for and where
yes it does, when the detective called cps he gave them the wrong address
So if they were to get a search warrant for the phone would they have to present me with it first?
This happened monday evening it is now going on friday, when i called tuesday the detective told me that i wouldnt be getting my phone back, that he was trying to get a warrant for it
You would have to be served with it before they searched the phone
So how come he can take it?
Then you need to file a Replevin in Court. You can see if the clerk
has a form for the Replevin
That is an action where the Court will order the phone returned
however,the police and DA can oppose
saying it is evidence of some sort
So hardly worth the effort at this point
right, its the point that he does not need the contents on it, he came here falsely and now is mad and trying to make something out of nothing, and continusly is putting my childrent through hell, my four year old will not sleep in his bed and now he thinks he is going to get taken away
Well, you need to consult with a local attorney to have this matter brought to court. They violated your Rights.
No doubt about it.
can everything be thrown out because of it?
Well, what is there?
I asked if you were charged
You said BF had some pot but not charged
no there were no charges
So what is there to throw out
If there is something on your phone, yes. Because the phone was
correct the detective said that my boyfriend would be hearing from him and it could take up to a month
So what is there to throw out?
i guess if the charge him with possession?
i wish you could see how stupid this warrant is in the first place
If they charge him and since those charges stemmed from the Bad search
those charges can be tossed or should be
well thank you very much i will be getting a local lawyer
A good attorney can get them thrown ou
I am sorry you had to go through all of this
Sounds like some rogue "cowboy" cops out there
I hope your children recover and have a Great Holiday season
yes they think they can do anything apparently
I wish you the best.
If you have further questions, you may post them here and i will continue to assist. Otherwise, even if you have a subscription with JA please remember to ACCEPT my answer as that is the only way I can get credit for my time and information in this matter. Thank you and Good luck