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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23568
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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A search warrent was excecuted person in my home. They found

Customer Question

A search warrent was excecuted for a person in my home. They found that person immediatly right by the front door as their room was there . They were taking a nap. The police busted in all the doors in the house. Is this legeal?
or should they of simply contained it to the one room? Since they rent a room?
Submitted: 6 months ago.
Category: Criminal Law
Customer: replied 6 months ago.
Also I am asking the same question with different scenarios as i own more than one place
Expert:  Zoey_ JD replied 6 months ago.

Hi,

I'm Zoey and I'll be assisting you. I'm reviewing your question now. Are you online at this time?

Customer: replied 6 months ago.
Customer: replied 6 months ago.
Im in Utah
Expert:  Zoey_ JD replied 6 months ago.

Thanks. I was about to ask that.

What if anything was seized as contraband? Were you arrested?

Customer: replied 6 months ago.
I was not arrested.
In his room there was a broken meth pipe . However he had not been in that particular room long . It had been a storage for my brothers things until he moved them out. And others in the past.
Customer: replied 6 months ago.
He told me he had found it when I had him cleaning the room. There were no drugs in the room
Customer: replied 6 months ago.
They arrested him. However no charges have been filed
Customer: replied 6 months ago.
Also I had heard that if they had found something there suppose to show it . But we never saw anything.
Customer: replied 6 months ago.
Im going offline now. Will catch you later.
Expert:  Zoey_ JD replied 6 months ago.

Sorry for the delayed response. I am cooking my dinner.

You said they had a search warrant. Without seeing the warrant, I cannot tell you what the scope of the search was. But if they were looking for something specific and did not find it, they may not have exceeded their authority by searching more than just the defendant's room.

You'd need a civil lawyer, if your main concern is the damages that the police caused. They have limited immunity from suit or prosecution when acting within the scope of their employment, but if they overstepped their authority and violated your civil rights, you could have a case against them.

If that's not your concern, when you get back to your computer, clarify the issue you wish to learn about.

Expert:  Zoey_ JD replied 6 months ago.

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.

Customer: replied 6 months ago.
Aww . Thank you so much. Im going to find the warrant. So I can be more informed. And, give you more information.
Expert:  Zoey_ JD replied 6 months ago.

You're very welcome. I have plans for the afternoon and evening, and may not be able to get right back to you. But leave your information here and if I can't get to it today, I'll do so tomorrow.