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Ask Samuel II Your Own Question

Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 21426
Experience:  Handle criminal matters in both state and federal courts.
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My house was raided my boyfriend went to answer the door and

Customer Question

My house was raided my boyfriend went to answer the door and they rammed it forceing us to get down.. They never presented us with the search warrant until they were finished. When asked what was going on we were instructed to shut up and the detective would be here shortly with the warrant. They took our cell phone house phone into evidence, when called toget it back they said they were going to try and get a seperate search warrant and i was not getting it back.. I need some legal advise.. Can i wipe out my phone without getting into trouble? Are they not violating the fourth amendment? The detective then called CPS on us.. They did not find anything they were looking for on the search warrant?
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Samuel II replied 2 years ago.

Samuel-II :

Hi

Samuel-II :

They should have presented the search warrant when they first entered your residence. They should have given you a copy while they searched

Customer :

they did not

Samuel-II :

The search warrant should say exactly what they are looking for as well as where they want to find it

Customer :

they were told that there was a meth lab here and there wasnt

Customer :

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

Samuel-II :

I understand your scenario and facts

Samuel-II :

what they did wrong was they had no warrant upon entry

Samuel-II :

Yes, you may erase your phone, if you can do that remotely.

Samuel-II :

They need a warrant to get any information from your phone

Samuel-II :

At this time, have you been charged with any crimes?

Customer :

did they violate the fourth amendement knock and announce as well:?

Samuel-II :

Yes.

Samuel-II :

So, if you have no charges, you can try to find a local attorney to take a civil matter for the Constitutional violation

Customer :

the detective called CPS on us, can i get him for harrasment as well?

Samuel-II :

If there is no evidence of any crimes

Samuel-II :

Then there was no need to call CPS.

Samuel-II :

Yes, that would be harassment. Absolutely

Customer :

They found my boyfriend had marjuaina very little and some pills that i didnt not know about

Customer :

They warrent was for meth and the componets to make it.. No where did it state about anything else drug wise.

Samuel-II :

Well, that would be a reason to call the CPS

Customer :

They did not charge him with anything, they just drove off...

Samuel-II :

The cop can say he didnt know whether you knew or not

Samuel-II :

I see

Customer :

He did state that i didnt know about it

Customer :

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

Customer :

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

Samuel-II :

I see.

Samuel-II :

What was the purpose of opening the windows?

Customer :

If he did uptain a search warrant for the phone wouldnt he have to present it to me as well?

Customer :

apparently for chemicals, they never said anything to us

Samuel-II :

Yes. You would get a copy of the warrant

Customer :

they just did it

Samuel-II :

I see

Customer :

I should of recieved the warrant upon entry to the home?

Samuel-II :

Yes

Samuel-II :

That is how it works

Samuel-II :

And it should have your address and what they are looking for and where

Customer :

yes it does, when the detective called cps he gave them the wrong address

Samuel-II :

I see

Customer :

So if they were to get a search warrant for the phone would they have to present me with it first?

Samuel-II :

Yes. Absolutely

Customer :

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

Samuel-II :

You would have to be served with it before they searched the phone

Customer :

So how come he can take it?

Samuel-II :

Then you need to file a Replevin in Court. You can see if the clerk

Samuel-II :

has a form for the Replevin

Samuel-II :

That is an action where the Court will order the phone returned

Samuel-II :

however,the police and DA can oppose

Samuel-II :

saying it is evidence of some sort

Samuel-II :

So hardly worth the effort at this point

Customer :

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

Samuel-II :

I see.

Samuel-II :

Well, you need to consult with a local attorney to have this matter brought to court. They violated your Rights.

Samuel-II :

No doubt about it.

Customer :

can everything be thrown out because of it?

Samuel-II :

Well, what is there?

Samuel-II :

I asked if you were charged

Samuel-II :

You said BF had some pot but not charged

Customer :

no there were no charges

Samuel-II :

So what is there to throw out

Samuel-II :

If there is something on your phone, yes. Because the phone was

Samuel-II :

confiscated wrongly

Customer :

correct the detective said that my boyfriend would be hearing from him and it could take up to a month

Samuel-II :

Alright

Samuel-II :

So what is there to throw out?

Customer :

i guess if the charge him with possession?

Customer :

i wish you could see how stupid this warrant is in the first place

Samuel-II :

Yes.

Samuel-II :

If they charge him and since those charges stemmed from the Bad search

Samuel-II :

those charges can be tossed or should be

Customer :

well thank you very much i will be getting a local lawyer

Samuel-II :

A good attorney can get them thrown ou

Samuel-II :

I am sorry you had to go through all of this

Samuel-II :

Sounds like some rogue "cowboy" cops out there

Samuel-II :

I hope your children recover and have a Great Holiday season

Customer :

yes they think they can do anything apparently

Samuel-II :

I wish you the best.

Samuel-II :

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

Expert:  Samuel II replied 2 years ago.
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Expert:  Samuel II replied 2 years ago.
Hi

We can continue here - 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

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