Can the police do this?

[nanaII]

What is the name of your state? Iowa. A search was conducted on my home (police had a search warrant). The main purpose was to look for drugs and any paper/documents related to them. My question is this. There were two locked safes on the premises. They coerced the combination of one of the safes out of my son. The other one they used HIS drill to gain entry into the safe (he was so rattled he couldn't remember the combination). The contents were then used to add additional charges against him (the property sheet left after they left said it contained drugs). They ransacked every single inch of the area, and left a 3-page document of everything they took. (they took everything he owned, claiming it was bought with "drug" money). My question is, can they use his drill to get into the safe?

"My question is, can they use his drill to get into the safe?"

Yes. This was reasonable under the circumstances. The alternative would have been for the cops to wait for someone else to bring a drill in. I am assuming that the drill was not harmed.

Here is a case where a gas tank of a car was harmed but the court allowed the search:

[url]http://subscript.bna.com/SAMPLES/cwb.nsf/0/1b1014c7eeb89d7085256e6800000f9a?OpenDocument[/url]

[Happy Trails]

Originally Posted by nanaII

What is the name of your state? Iowa. A search was conducted on my home (police had a search warrant). The main purpose was to look for drugs and any paper/documents related to them. My question is this. There were two locked safes on the premises. They coerced the combination of one of the safes out of my son. The other one they used HIS drill to gain entry into the safe (he was so rattled he couldn't remember the combination). **Or he knew what was in there and hoped they couldn't gain entry. The contents were then used to add additional charges against him (the property sheet left after they left said it contained drugs). They ransacked every single inch of the area, and left a 3-page document of everything they took. (they took everything he owned, claiming it was bought with "drug" money). **Yes, that is what they do when they believe everything was bought with drug money. My question is, can they use his drill to get into the safe?

They had a search warrant and they were going to get into the safe. Using the confiscated drill is the least of your sons worries.

"They had a search warrant and they were going to get into the safe. Using the confiscated drill is the least of your sons worries."

This post demonstrates a well-documented phenomenon. Just ask any Public Defender....

[nanaII]

I appreciate the responses... I gather from them, tho, that some of you are not defense attorneys. Also, I want to offer a piece of advice for anyone who makes a "deal" to cooperate.. DON'T! As in this case, the police lied, and it backfired on a kid who simply has a drug habit, not some big drug "kingpin". They found a total of $600. The only thing they found in the safe they broke into was a little pot. If you had a swat team invade your home, I guess anyone would become a little rattled. The funny thing was, the only area they destroyed was the area he was occupying. They didn't touch any other area of the house.

[Shay-Pari'e]

[quote=nanaII]I appreciate the responses... I gather from them, tho, that some of you are not defense attorneys. They cost money and cannot defend you on a internet forum.

Also, I want to offer a piece of advice for anyone who makes a "deal" to cooperate.. DON'T! For whom? Criminals?

As in this case, the police lied, and it backfired on a kid who simply has a drug habit, not some big drug "kingpin". WOW, great parenting skills mom.

They found a total of $600. The only thing they found in the safe they broke into was a little pot. If you had a swat team invade your home, I guess anyone would become a little rattled. The funny thing was, the only area they destroyed was the area he was occupying. Funny how that works huh?


They didn't touch any other area of the house.So what is your problem, other than you are harboring a criminal drug addict son?

[nanaII]

Rather than judge, I'm glad you've not had to walk in my shoes. I raised my two sons by myself from the time their father committed suicide in our garage when they were 6 years and 11 months old, (and after I suffered 7 years of physical, verbal and mental abuse). I have been a law-abiding citizen my entire life. I have never used drugs. I was even married to a cop for 7 years because I thought he would be a good influence in my children's lives. All he did was criticize and humiliate them. I divorced him 16 years ago due to his mental and verbal abuse toward them. All I can ever be accused of is loving my children and not judging them (it is called "parenting").

[Shay-Pari'e]

This is not about you. This is about your being in denial, and allowing your son to be a criminal in your home. Stop making excuses for grown adults.

[Shay-Pari'e]

[quote=nanaII]Rather than judge, I'm glad you've not had to walk in my shoes. I raised my two sons by myself from the time their father committed suicide in our garage when they were 6 years and 11 months old, (and after I suffered 7 years of physical, verbal and mental abuse). I have been a law-abiding citizen my entire life. I have never used drugs. I was even married to a cop for 7 years because I thought he would be a good influence in my children's lives. All he did was criticize and humiliate them. I divorced him 16 years ago due to his mental and verbal abuse toward them. All I can ever be accused of is loving my children and not judging them (it is called "parenting"). With the mathmatics that you posted, your youngest is 24, and your oldest 30. That is not parenting.

[BelizeBreeze]

Originally Posted by nanaII

What is the name of your state? Iowa. A search was conducted on my home (police had a search warrant). The main purpose was to look for drugs and any paper/documents related to them. My question is this. There were two locked safes on the premises. They coerced the combination of one of the safes out of my son. The other one they used HIS drill to gain entry into the safe (he was so rattled he couldn't remember the combination). The contents were then used to add additional charges against him (the property sheet left after they left said it contained drugs). They ransacked every single inch of the area, and left a 3-page document of everything they took. (they took everything he owned, claiming it was bought with "drug" money). My question is, can they use his drill to get into the safe?

Regardless of what you think of the responses a search warrant for drugs and papers/documents is all the police needed to break open the safe. They had every right to search any and all places where documents and/or drugs might be found, including a locked safe.

It's time you stopped making excuses.

[zwara]

To answer your question is YES!! the Police can do this, if they have a valid search warrant they can search everything and anything in the house for whatever is named in the warrant, nothing is considered safe haven. And as you already said NEVER make a deal with law enforcment or the prosecuting attorny. They can legally lie like any common liar to get what they want. This is a common occurence in our great society to continue the "War on Drugs" I'm sure your community is much safer now now that your son was arrested in the eyes of law enforcement. I had a similar thing happen to me when the police armed with search warrant came and searched my house but I got the last laugh when they left with nothing in the bag but only that sad look on their faces knowing they screwed up even though the laughter was somewhat a bitter one it caused me to become a little more interested in our rights and whenever I get a chance to hollar then I do...good luck to you and your family..

[BelizeBreeze]

[quote=zwara]To answer your question is YES!! the Police can do this, if they have a valid search warrant they can search everything and anything in the house for whatever is named in the warrant, nothing is considered safe haven. QUOTE]

And that is not correct. I'll ignore the diatribe of crap you spewed and deal only with your blatant incorrectness.

If the police have a valid warrant they may search for anything contained in the warrant. However, if, in searching for (i.e., drugs in the closet) the item, they come upon evidence of another, unrelated crime, they are well within their rights to take such evidence for processing and to use against the owner.

The police are NOT allowed wide discretion to search for a warrant item. For example, if the warrant says "television approximately 25 x 50 inches" the police are not allowed to search through dresser drawers or clothes hanging in the close since such areas could not conceal a television of the description on the warrant.

In this search, there was reason to believe drugs were in the house and the area searched was consistant with places used to hide or could have been used to conceal drugs. The fact that additional evidence was discovered is valid on its face.

[zwara]

Actually I would have been interested in my other "diatribe of crap you spewed" but I guess that was beyond your ability. The warrant served on my house was quite broad (I still have it~~should I print it out for you?) and stated they could search my house and contents for what was named in the warrant and didjnt specify what items could not be searched for what was named in the warrant. If they thought something was hidden in my TV I'm sure it would have been within their rights to do so. So what are you saying??? There was no place or thing in my home the Police didnt have the right to search through up to and including my computer and what was contained in my hard drive...you seem to be saying nothing that would correct my post or was you just attempting to get your two cents in without paying the cover charge???

[BelizeBreeze]

Originally Posted by zwara

Actually I would have been interested in my other "diatribe of crap you spewed" but I guess that was beyond your ability. The warrant served on my house was quite broad (I still have it~~should I print it out for you?) and stated they could search my house and contents for what was named in the warrant and didjnt specify what items could not be searched for what was named in the warrant. If they thought something was hidden in my TV I'm sure it would have been within their rights to do so. So what are you saying??? There was no place or thing in my home the Police didnt have the right to search through up to and including my computer and what was contained in my hard drive...you seem to be saying nothing that would correct my post or was you just attempting to get your two cents in without paying the cover charge???

And since you are not the poster of THIS THREAD, I don't give a rat's ass about your situation. So stop hijacking someone else's post for your own personal game.

[zwara]

Better watch your grammer...or I may be forced to have a lower opinion of you then I already have...hijacking a post??? I didnt reply in my original post yo you but rather the author of the post and answered their question. If Im not mistaken it was you that replied to me with your charming wit so try and keep it simple next time pal....