Criminal Law Questions? Ask a Criminal Lawyer.
In order to get a warrant to search your apartment, they would first have to have probable cause.
Probable cause must be established by the police presenting an affidavit to a judge stating why they believe a crime has been committed, and why evidence is likely to be located at the place to be searched.
So if the nursing administrator or nursing home believed say the caretaker who would be dishonest would that be probable cause?Or what my demented mother claimed. The did do a complaint.
Unless the nursing administrator has a reason to believe something was stolen or some evidence to corroborate the mother's claims, no.
What makes you think the police would plant evidence?
The lawyer wrote my lawyer with the following language, "David is allegedly u nder invesetigation in connection with jewelry very recently stolen from Betty's apartment at the Quadrangle".
with the Haverford police...
I was the one whoreported the missing jewelry to the heirs and told them two years ago to put it in a safe deposit box!
I understand. In my experience, police "planting evidence" rarely, if ever, happens.
I don't trust the other lawyer ...they have police connections and are very powerful in PHilly a very corrupt town
So basically it would be very hard to even get a warrant unless they had some kind of physical evidence or someone states they saw me stealing the jewelry
Perhaps, but officers and lawyers are unlikely to place their careers and freedom on the line for a client.
They would need to be able to show that a crime has probably been committed.
...and that you committed it.
Can the word of mother with dementia or her caretaker be enough for them to arrest me? I did sign in the guest book that day and visit her. Could I sue my family for the mental anguish etc of this event has cuased me?
The word of your mother is likely not enough, but if her caretaker saw something, that would be enough.
As far as a lawsuit, you can only pursue it if you can show that the family knew you did not do anything illegal, but still pursued prosecution, or lied to police.
I had a dispute and accused the caretaker 9 months ago of stealing her ring. I believe she "has it out for me" since that innocent and would lie and say she "saw me take things"
If people are willing to lie in a search warrant affidavit, there just isn't much you can do about that.
Is there a way I could get a copy of the complaing from thd Haverfod Police Department without hiring an attorney?
Until you are charged, no. It is part of an ongoing investigation. An attorney could not get it either.
I'm sure you can understand that police do not give out documents related to ongoing investigations.
If they have a warrant for the ring or other jewelry could they take my computer or other persona documents?
Unless they can show those things are somehow related to the theft, no.
I can't see how your personal papers or computer could be involved in proving a theft of a ring or other jewelry.
ok thank you..it appears they will be aunable to get a warrant for this matter