can an arrest warrant be used asa search warrant?

[marti1213]

What is the name of your state (only U.S. law)? New Jersey
My son (18) resides with his grandmother and last night approximately 12 midnight the Monmouth Cty sheriffs department shined a light in his bedroom window (2nd floor) as well as surrounded the house shinning flashlights in all windows. They announced Police open up we have a warrant. My son opened the door and approximately 6 police officers entered the residents fanning out throughout the house. The warrant was for a childhood friend of my son's that he has not seen for years. My son has been questioned several times over the past 6-8 months about the "friends" whereabouts including being pulled over the day before by 3 police vehicles. He explained he did not know where the person is and has not spoken to him in more than a year. Anyway while going through the house they discovered a bong in plain sight on his desk along with some marijuana (under 50 grams) and subsequently arrested him for the pot and paraphenalia. My son only opened the door because he thought they had a search warrant. My mom was awaken out of a sound sleep to this incident. She followed them around the house asking what they were doing. It was at that point that they told her they were looking for that specific individual. She responded he is not here and they continued throughout the house, garage, and car. They then proceeded upstairs to my son's room where the illegal stuff was found. Please help me with any advice on this matter. Is this search and arrest legal??What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

 

[Some Random Guy]

Get a lawyer.

Police with a warrant for someone can enter a residence to search for them, including all spaces where a person may be hiding, such as your son's bedroom. However, they have to have a reasonable suspicion that the person is there.

Talk to the lawyer about suppressing the evidence based on the fact that the person has not been seen by your son in years. Is your son on probation?

But, since you write:

My son has been questioned several times over the past 6-8 months about the "friends" whereabouts including being pulled over the day before by 3 police vehicles.

I've just got to say that your son is a idiot and needs to get off the dope. If the police have tht much interest in your son, he should know better than to have drugs and paraphenalia sitting out in the open in your house.

 

[The Occultist]

Research "search incident to an arrest"

This is not something you (or your son) can fight yourselves; hire a lawyer. And no, I don't care how much it costs.

 

[publius]

What is the name of your state (only U.S. law)? New Jersey
My son (18) resides with his grandmother and last night approximately 12 midnight the Monmouth Cty sheriffs department shined a light in his bedroom window (2nd floor) as well as surrounded the house shinning flashlights in all windows. They announced Police open up we have a warrant. My son opened the door and approximately 6 police officers entered the residents fanning out throughout the house. The warrant was for a childhood friend of my son's that he has not seen for years. My son has been questioned several times over the past 6-8 months about the "friends" whereabouts including being pulled over the day before by 3 police vehicles. He explained he did not know where the person is and has not spoken to him in more than a year. Anyway while going through the house they discovered a bong in plain sight on his desk along with some marijuana (under 50 grams) and subsequently arrested him for the pot and paraphenalia. My son only opened the door because he thought they had a search warrant. My mom was awaken out of a sound sleep to this incident. She followed them around the house asking what they were doing. It was at that point that they told her they were looking for that specific individual. She responded he is not here and they continued throughout the house, garage, and car. They then proceeded upstairs to my son's room where the illegal stuff was found. Please help me with any advice on this matter. Is this search and arrest legal??What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

If they had a warrant specifying that location, the initial search for your son's friend was lawful. In the course of executing an arrest warrant, the police have a right to conduct a "protective sweep" of any place the suspect might reasonably be hiding, opening closet doors etc. Since you say the bong was in plain sight, that's clearly fair game. Where was the marijuana?