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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 29818
Experience:  Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.
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My son was placed under arrest while sitting in a truck in

Customer Question

my son was placed under arrest while sitting in a truck in the parking lot in which he lives on a warrant.. after placing him in the police car they went in his house on a protective sweet with no warrant
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Lucy, Esq. replied 1 year ago.


I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened.

Police have no ability to search a person's home without a warrant when the person is arrested outside the home, unless there's some kind of emergency (like someone inside calling for help) or the homeowner consents. If your son (or another adult living there) didn't give permission, then he has the ability to file a Motion to Suppress and any all evidence they may have found inside his home because of the illegal search. He can also move to dismiss any additional charges that are filed based on evidence found in your son's home.

When he goes to the first court appearance, he can request to have a lawyer represent him at no charge if he cannot afford one. Any time there is even a remote possibility a person will go to jail, the state is required to give them a lawyer. After that happens, his lawyer can review the original arrest warrant and any other evidence and determine the best course of action.

If you have any questions or concerns about what I've written, please reply so that I may address them. If I did not address the specific thing that you wanted to know, it may not have come across clearly to me, so please restate that question. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.

Expert:  Lucy, Esq. replied 1 year ago.

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