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Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
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  #1  
Old 12-24-2008, 10:21 AM
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arrest with warrant, misdemeanor A, lead to search warrant


What is the name of your state (only U.S. law)? Ar.

If the police show up at my home with warrant, I go out side and they detain me in the front of my home, for harassment. I know my rights and I wouldn't let them in side my home B.C. they wanted to make sure I didn't have someone tied u p in side> I told them ,"save it, Your not going into my home and have no legal right to get a warrant to go into my home." They gave me hard time B.C. when I was in door way and they told me who they were, I reached behind my self and locked my door closed it. They gave me a lot of **** over that. Police telling me I can leave my keys and save my door or he has his own keys and pointed at his battery ram. I told him, If u use your ram, better be legal, with a warrant. after I was in cuffs, they started running all my tags, vin, num.s on my cars, telling me that If I wasn't to play hard, that can to. I said,''That I should be taken straight to jail, that had no right to harass me and I didn't consent for them to look around my home . Is it legal for them to go around my home look in my windows ,when I didn't consent, I told them ,"they had no right to go looking around my home,i look in my windows. When on my land!
While I was taken to jail, I wasn't able to use the phone after book in for 5 hr. they put hold on me , take it off, put it back on.
They somehow saw a gun in my home , in the back window, used that to get search warrant, B.C> I'm A felon.
I stayed to 3 night in jail, said I was charged with 4 class y's and 3 class C's. I got a lawyer $3,000 , he got my bond from $115,000 to $50, and I spent $5,000 to bond out.
Ok, this is the deal, They busted my dad's shop door in and had no warrant, took all his guns. tried to charge me, I didn;t say anything besides, that they had messed up, that wasn't my land or my guns.
Lawyer got guns back and I had to pay for door.
The letter I got from the prosecuting Att. office said,"" there is no criminal charges in this case and my dad could come get guns".
I never went to court one time and they just dont drop charges like this.. I asked for my money back, they said no, asked bonds man, said no.

Well, I'm out $9,000.00, 3 nights in jail, then for them to tell me that , I'm not charged , As they did before.
If they were to see something in a window in the back of my home and get a search warrant . Is that legal?

I held off one year to get affidavit b/c they threatened me, If I was to take action , like I said, they refile charges. When I got it the other day,""they lied big time on it."' said, When I was at door, I ran from them , put something in side, looked door closed it. Thats B>S>
I 'm going to do something about the $9,000.00 But what? Thanks

Last edited by RRATM; 12-24-2008 at 09:42 PM.
  #2  
Old 12-24-2008, 10:24 AM
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If they were already there legally, they can look to see what is in plain sight.
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Originally Posted by jdslilangel View Post
Just leave it as is and stop making yourselves sound real stupid about the sisutation at hand. Further more I don't need to know how to spell corcetly on here. I know how to spell perfectly fine. I did graduate high school and never once had any problems with my grammer.
  #3  
Old 12-24-2008, 12:40 PM
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If this was an arrest warrant and they had served it on you in your front lawn and placed you under arrest, then they have basically served the purpose the warrant was issued for.

However, I believe they can check your house to make sure your doors and windows are locked since they are taking you to jail. (wouldn't want someone entering your home without your permission while you were locked up would you?)

If they have a reason to believe there is a crime being committed, like if they smell marijuana smoke coming from the house or hear someone yelling inside, they can certainly investigate. If they look through a window and see what they believe is a kilo of marijuana, they can get a warrant to search the house. If they look through a window and see someone duct taped to a chair and struggling to breathe, they can kick the door in without a warrant.


What are the specific details that lead to the search warrant and what did they find?
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  #4  
Old 12-24-2008, 12:49 PM
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...
curtilage
...
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  #5  
Old 12-24-2008, 12:58 PM
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Quote:
Originally Posted by seniorjudge View Post
...
curtilage
...
I can't believe you're making me drag out my Black's on Christmas Eve...
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  #6  
Old 12-24-2008, 01:04 PM
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Originally Posted by TimStudiesLaw View Post
I can't believe you're making me drag out my Black's on Christmas Eve...
Doctor, you should have that term and concept memorized by now.
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  #7  
Old 12-24-2008, 01:07 PM
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Quote:
Originally Posted by seniorjudge View Post
Doctor, you should have that term and concept memorized by now.
And now I do. Merry Christmas.
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  #8  
Old 12-24-2008, 09:05 PM
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I'll post more or issue at top


Quote:
Originally Posted by outonbail View Post
If this was an arrest warrant and they had served it on you in your front lawn and placed you under arrest, then they have basically served the purpose the warrant was issued for.

However, I believe they can check your house to make sure your doors and windows are locked since they are taking you to jail. (wouldn't want someone entering your home without your permission while you were locked up would you?)

If they have a reason to believe there is a crime being committed, like if they smell marijuana smoke coming from the house or hear someone yelling inside, they can certainly investigate. If they look through a window and see what they believe is a kilo of marijuana, they can get a warrant to search the house. If they look through a window and see someone duct taped to a chair and struggling to breathe, they can kick the door in without a warrant.


What are the specific details that lead to the search warrant and what did they find?
I feel your right, from what I have read in the laws, After they had me in hand cuffs in the front or my home, only right they had , is to look in my surrounding area for any evidence related to the crime In being arrested for , and that was Harassment. I'm going to put the hole story at top
  #9  
Old 12-24-2008, 11:39 PM
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Were you on probation or parole when this incident occurred?

Why did they have an arrest warrant for you?
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  #10  
Old 12-25-2008, 03:24 AM
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Quote:
Originally Posted by outonbail View Post
Were you on probation or parole when this incident occurred?

Why did they have an arrest warrant for you?
No I wasn't on probation or parole, Haven't been in ten yr. the Warrant was for Harassment.
It was clear what the were here for, there was like 7 undercover , two cam to my house the other 4 had went to the shop,
I will add some thing more at the top about the warrant
  #11  
Old 12-25-2008, 11:09 AM
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There must be more to this story. What was the basis of the harassment charge?
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  #12  
Old 12-27-2008, 01:39 PM
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Quote:
Originally Posted by Alex23 View Post
There must be more to this story. What was the basis of the harassment charge?
Besides , how the warrant said, ''they suspected that I had drugs or stolen goods in side my home. and warrant let them look in all 4 of my cars, my home and barn.

This chick had been lying to me for about a yr. and when I found out she wouldn't talk to me or answer phone, all I did was call her ,wanting her to face the B.S. .I never threatened her,said anything bad.But called her over and over.
  #13  
Old 12-27-2008, 02:04 PM
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Quote:
They somehow saw a gun in my home , in the back window, used that to get search warrant, B.C> I'm A felon.
seeing that gun was all they needed to get a warrant to search. I see no reason they would not be able to get a warrant to search all buildings you had general access to based on the gun.

So now, did they have a right to determine there wasn't a friend of yours setting somewhere in the house with a gun pointed at their head simply by looking in the windows?
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  #14  
Old 12-29-2008, 05:49 PM
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Quote:
Originally Posted by justalayman View Post
seeing that gun was all they needed to get a warrant to search. I see no reason they would not be able to get a warrant to search all buildings you had general access to based on the gun.

So now, did they have a right to determine there wasn't a friend of yours setting somewhere in the house with a gun pointed at their head simply by looking in the windows?
This is where I feel why the prosecutor wouldn't file the charges. See when they knocked on door and I went out side , I locked the door, when they told me who they were and closed it behind me. they where telling me to stop, told them I wasn't doing anything, ( b.c. all I did was reach behind my self and locked door) . then when to was closed, they keep asking me why I locked door, told them I looked my door every time I leave , just as they do. At that time , I was put in hand cuffs.
I was in hand cuffs for about 45 to 50 min.'s in the front of my house , while they went around looking in the windows of my home ,cars, running the plats and vin mun.s on my cars telling me, If I wanted to play like that so can they, ( because I wouldn't let them look inside my home.)
I even told them , I never consented to them looking around my home and I felt my rights were being broken. That from my understanding I should be taken straight to the police dep. after arrested. that I felt I was being Harassed and threatened. Because they give me such a hard time about wanting to go into my home, telling me I can leave my keys with them or he use his own key, pointed at battery ram.
I said, use your keys, make sure it legal.
If I was arrested for harassment in cuffs in front of house , what right did they have going looking around my home? they wasn't looking for any evidence related with the crime I was getting arrested for.
  #15  
Old 12-29-2008, 05:51 PM
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Quote:
Originally Posted by RRATM View Post
...
If I was arrested for harassment in cuffs in front of house , what right did they have going looking around my home?
...
It's called plain view.

Perfectly legal.
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