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abusedbycop
Sep 28, 2014, 08:06 AM
If my neighbor is a cop from another city can he personally organize and physically be a part of a team of local police detectives to conduct a search and siezer of my residence without a search warrant just because he had a problem with me over how loud my old hotrod is and because he claimed that there were suspicious people coming and going from my house and although I was one of the only two persons coming and going from my residence is that legal for him to do he also went into already searched rooms by himself for several minutes while talking on his cell phone to a friend about sports and personal non work related topics laughing and being boisterous while I was handcuffed and ordered to sit still and not get up in the living room. After he came back from doing whatever it was that he was doing unattended he asked me ''so where is your other car? Are my landlords asain and how much is my rent? They ended up seizing my marijauna plants and firearms then arrested me this is in California After I returned from the county jail the next day after having to pay 2000 dollars cash for bail I did a damage report of what they had gone through upon this extremely un professional and un organized search and when I went into my master bedroom which was the room my neighbor the cop from a different city was searching in last by himself un supervised I discovered that other then my wife's small bag of adult personal sex toys which had definitely been gone through nothing else seem too out of place and searched. Is that a comon thing to search through when looking for guns and other said illegal items I am now uncomfortable to even go outside because this bully cop neighbor is always out walking around acting all tuff being loud and intimidating what do I do he is all buddy buddy with the local cops and I feel if I was to call them that they would just come out and toss my place up and arrest me for whatever they found to be worthy

AK lawyer
Sep 28, 2014, 02:06 PM
A warrantless search would be improper under these circumstances.

It is likely you don't know the whole story. Either they did have a warrant an exception to the warrant requirement existed. Perhaps they had probable cause to suspect a crime was in progress.

If the search was improper, your attorney will move to suppress the evidence discovered in the course of that search.

But it is unlikely that there is anything wrong with the out-of-jurisdiction cop being a part of the operation.

ScottGem
Sep 28, 2014, 02:19 PM
First, I disagree that it is appropriate for an officer from another department to participate in such a search. Second, whether a warrantless search was justified or not will be up to a judge.

Were the marijuana plants legal? If not, I think you are going to have a big problem if the search did turn up illegal activity.

You need an attorney to file suit against the police department for harassment and illegal search. The neighbor being part of the search will come in under the harassment complaint.

Fr_Chuck
Sep 28, 2014, 10:22 PM
There is so many, issues,

It is legal, unless you (with an attorney) object to the evidence being submitted and have the judge rule that the search was illegal.

So, that is what you have to do

The officer, in the other city, is he a city police officer, or does he hold a country commission, When I was in Atlanta, I was a sworn officer, but lived outside my jurisdiction, I later, joined the reserve of the county sheriff office, so, I had wider powers of arrest, if needed.

So, there are many ifs

As a officer, I often worked on task forces, drug task forces, and worked in several cities not my own, so, yes it happens

When I was outside of my jurisdiction, I am still a police officer, but my powers of arrest are more limited. But. When I was at home, outside my jurisdiction I made larger arrests , than I did, where I worked. *** OK, I lived in down town Atlanta,
So, if I witnessed a crime, I could and did act.

** just as you described, no it is not proper, but may be legal

joypulv
Sep 29, 2014, 04:26 AM
Does sound illegal according to how you describe it.
Of course there are cops like that everywhere.
You lucked out by having him as your neighbor, and all you needed was to annoy him with hotrod noise, and people coming and going, and anything else that bothers him.

But 'guns and other said illegal items' - were your guns illegal or not?
You won't get the gun seizure thrown out based on illegal search without a lawyer.
That's life.