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if a warrent was issued to take my children and search were…

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if a warrent was issued...
if a warrent was issued to take my children and search were the children are, at that time they did not search the residents were me and the children were, but an hour later went to my residents without me or anyone else present and searched the home for drugs and paraphinaila. they claimed they found a piece of glass suspected meth pipe with residue. no arrests were made until 2 weeks later, then they claimed they found a meth pipe with measurable amount of meth. please advise a.s.a.p
Submitted: 8 years ago.Category: Legal
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Answered in 1 minute by:
6/22/2010
Lawyer: Dwayne B., Attorney replied 8 years ago
Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 34,389
Experience: Began practicing law in 1992
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I read your facts, is there a specific question I could help you with?
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Customer reply replied 8 years ago
yes i would like to know how or if what they did is legal and what defense approach can i take? they had no cause to take my kids, i had no criminal record, and the so called affiant got her information from a felon claiming that he used with me and my child. when they took my kids we were in a seperate town the local police had us detained for a couple of hours and thats how i found out that they were at my home searching my residents
Lawyer: Dwayne B., Attorney replied 8 years ago
As long as the warrant wasn't limited as to the time of the search then it would be a valid search. You may still be able to challenge it as being based on unreliable information, including hearsay and an unreliable informant. That is the only issue I see raised by your facts.

Thank you for allowing me to assist you. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. Please remember that we can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.

Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.
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Customer reply replied 8 years ago
can a search be done without me or the property owner present?
Lawyer: Dwayne B., Attorney replied 8 years ago
Yes. They can search if they have a warrant, even if no one if there.

Thank you for allowing me to assist you. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. Please remember that we can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.

Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.
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