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Sam
Sam, Attorney at Law
Category: Legal
Satisfied Customers: 27009
Experience:  More than 20 years of experience practicing law.
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hello my name is XXXXX XXXXX and i am looking for some legal

Customer Question

hello my name is XXXXX XXXXX and i am looking for some legal advice.the police came and raided my home on april 17th 2013 looking for my brother whom lives with me they had already had him custody at the time of the raid they had a search warrant they did not find anything of any kind in my home which the warrant was for they busted down my doors broke out my window falsely imprisoned my little sister took her to jail but they held her for 72 hours then drop all charges was questioning everyone in my home without a lawyer being present made threats to me. had ar-15 in my childrens faces and last but not least they did read my brother his maranda rights at the time he was taking into custody
Submitted: 3 years ago.
Category: Legal
Expert:  Sam replied 3 years ago.
Hello Bonnie

I am an attorney with more than 25 years experience. I will provide your information today and look forward to assisting you.

I am sorry to hear about this matter for you and your family.

Please tell me what information I can provide for you in this regard. What is the question(s) you have for me so that I can assist you.
Customer: replied 3 years ago.

i would like to know if any of my rights violated

Expert:  Sam replied 3 years ago.
Hello Bonnie

Unfortunately, it does not appear any rights were violated if they had a search warrant.

If a window was broken in the process, I suggest you can talk to the Chief and tell them you need them to repair it - or at least pay the deductible from your Homeowners to have it repaired. Call your insurance company and see what they suggest is the best way to proceed with that

The fact that they took your sister in for questioning is not a violation. She did not have to go, of course. They would have needed an arrest warrant. But they do not have to tell her that. Once she is there, she does not have to talk to them without an attorney. But unless she is "arrested" her rights do not have to be read. If she is arrested, then her rights should be read because any evidence obtained after the arrest can be used and so the police need to be certain she is given Miranda. But she was not arrested. She was detained at the legal 72 hour limit.

The fact that they read your brother his rights, means he was arrested and so they were not going to interview or interrogate him until he had a lawyer present. If they had all the evidence they needed then they would not have to Mirandize him because they have the evidence and no need to interrogate him further. IF they did, however, without reading rights then that information could arguably be inadmissible.


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