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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 04-01-2004, 06:57 PM
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Join Date: Mar 2004
Location: California
Posts: 104

Attempted drug bust...


What is the name of your state? CA

Brief background..left abusive addict husband 6 months ago.
He's had monitored visitation with our son since then (not legal...he's done this willingly..his mom monitors willingly).

Husband has taken our child on drug runs (no proof other than his admission to me and his mom).

He has attempted to grow in the closet (I shut that down real quick).

He just called here FURIOUS. He says that a "swat team" entered his house yesterday but found nothing. Says he suspects I'm behind this.

But some points don't make sense to me. Do swat teams just bust in on random residences or don't they surveil first? Don't they have to have some evidence or cause?

Finally, my ex is convinced that because they came up empty-handed that he has been vindicated and that the empty-handed search proves that I am lying about his drug issues.

Any thoughts or comments?

Thanks.
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  #2  
Old 04-05-2004, 01:24 AM
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Join Date: Jul 2002
Location: Northeastern Pennsylvania
Posts: 759
I hope your questions about busting "in on random residences" is facetious. In case it is not......

The police need a warrant (with the exception of certain situations) to enter one's home to search. Pesky 4th Amendment...... That warrant needs to be supported by Probable Cause.

Coming up empty-handed after a search sometimes happens. The drug trade is rather fluid, and most dopers don't keep a large inventory.
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  #3  
Old 04-06-2004, 10:13 AM
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Join Date: Mar 2004
Location: California
Posts: 104
Wink

Facetious


Yup...I was being a bit facetious but I appreciate a confirmation of what I believed to be true....a warrant is not only necessary but there must also be probable cause to obtain a warrant.

Thanks!

CRP
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