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Search warrant? Something else?

Asked Jul 22, 2012, 11:23 AM — 5 Answers
I actually just witnessed this. Pulled my car out, State Police came roaring up and blocked my driveway. I have a Borla exhaust (which is not illegal but I've been stopped before) so I got out to see what he wanted. Three other cars and two Sheriff cars pulled up immediately and they all got out and surrounded the house. I saw one of the Troopers walk into the family room (which is on the side of the house).

They asked where her 30-year old son was, she said he was sleeping, she started to get him, they followed her and THEY woke him up.

They searched the yard and part of the house.

My neighbor just called me - there was a bomb threat and the person used her son's name and address. As it happened the call did not come from a cell phone owned by anyone in that house.

After questioning him they said it wasn't her son so they said, "Sorry" and left.

I wouldn't have believed it if I hadn't seen it. He did have a MJ arrest, maybe 10 years ago, no jail time, a hefty fine, clean since.

No warrant, nothing? No knock on the door and asking to be admitted?

I know the movie shooting has everyone on edge but this was like a TV movie!

I told her I think minimally I'd be calling Superior Officers but I don't know.

Thoughts?

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5 Answers
Fr_Chuck's Avatar
Fr_Chuck Posts: 72,597, Reputation: 37026
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#2

Jul 22, 2012, 11:29 AM


How do you know they did not have a warrant to search. you were not in a place to see it and unless someone asked to see it they don't have to show it.

Next unless someone stopped them, nothing stops them from walking in, if someone answers the door, and they can search if no one tells them to stop. The issue would be if what they find could be used in court.
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ScottGem's Avatar
ScottGem Posts: 58,086, Reputation: 28135
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#3

Jul 22, 2012, 11:43 AM


Chuck is right, a warrant is only necessary if the occupant refuses entry. It also matters in terms of evidence if there is no probable cause.

I assume this was a neighbors house, you didn't make that clear.
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excon's Avatar
excon Posts: 21,002, Reputation: 15480
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#4

Jul 22, 2012, 12:41 PM


Hello Judy:

In my view, the more militarized the police force has gotten, the more they disregard our rights. I've NEVER been a fan... But, it's getting WORSE and WORSE..

excon
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JudyKayTee's Avatar
JudyKayTee Posts: 45,397, Reputation: 23548
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#5

Jul 22, 2012, 01:18 PM
Quote:
Originally Posted by excon View Post
Hello Judy:

In my view, the more militarized the police force has gotten, the more they disregard our rights. I've NEVER been a fan... But, it's getting WORSE and WORSE..

excon

It was my neighbor -
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JudyKayTee's Avatar
JudyKayTee Posts: 45,397, Reputation: 23548
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#6

Jul 22, 2012, 01:25 PM
Quote:
Originally Posted by Fr_Chuck View Post
How do you know they did not have a warrant to search. you were not in a place to see it and unless someone asked to see it they don't have to show it.

Next unless someone stopped them, nothing stops them from walking in, if someone answers the door, and they can search if no one tells them to stop. The issue would be if what they find could be used in court.

If they had one nobody showed it but nobody asked - my neighbor froze.

And, yes, they just walked in. When she was answering the front door for one pair of Cops another pair walked in the back door.

And, yes, I saw the whole thing clearly.

I'm always on the side of the Police but, boy, it was a shock to see this happen.

And they had the wrong guy, wrong address.
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