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Can police search home without providing the search warrant?

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O

odanokj

Guest
What is the name of your state? Pennsylvania

Officers from the Police department where I live showed up at my home. They asked to come in to talk to me about my 19 year old son. They Identified themselves as being part of the drug task force. I asked them to allow me to put my dog outside since she was growing increasingly irritable by their presence, at that time they said they couldn't allow me to do that since they had a search warrant. they said they needed to search the house, at this time I asked to see the warrant and told them unless they had the warrant they could not search my home. they were attempting to proceed with the search and I had not seen the warrant yet, I then said I wanted to speak to someone from either the police dept. or a lawyer since they were not showing me the warrant, at that time I was detained in my dining room by the officers who told me I couldn't call anyone. they made me sit down while the other officers proceeded to the second and third floor areas of my home. an officer handed me a document he said it was the probable cause, as I was reading that he also handed me what he said was the search warrant. This document was not completely filled out. He only let me glance at it before he took it back, he put in a folder he was carrying. I was then searched by officer , and I was told I could not leave my home or make any calls until the search was completed, I was not given a copy of the search warrant until the officers were leaving my house. The documents that I reviewed an hour an a half earlier were not the same documents the gave me before leaving. the ones I received after the search had a seal from the district justice on them, and the search warrant had hand written information on it that was not on the first document I reviewed.
My first question is can they legally keep me from calling an attorney when they entered my home? Can they search my home before producing the warrant? Also Should they have given me my copy to keep when they entered my home, instead of holding it until they exited. and finally since my son was the only person mentioned in the probable cause document, were they allowed to search my daughters bedroom and mines? Also My son gave the police verbal permission to search his bedroom, why were everyone elses bedrooms searched?
:confused:
 


I AM ALWAYS LIABLE

Senior Member
My response:

Are you sure these people were police officers? Did they have badges? How were they dressed? Was there anything written on their clothing?

Could they have been "Bounty Hunters"?

IAAL
 

Son of Slam

Senior Member
Sounds to me like they did a fine job.

My first question is can they legally keep me from calling an attorney when they entered my home?

***The phone may have been used as a weapon, or used to call for help.


Can they search my home before producing the warrant?

***Dose a 500lb. gorilla $hit where he wants?


Also Should they have given me my copy to keep when they entered my home, instead of holding it until they exited.

***If they would have found contraband that was not on it, you may not have given it back for improvements.

and finally since my son was the only person mentioned in the probable cause document, were they allowed to search my daughters bedroom and mines?

***You allowed them to.

Also My son gave the police verbal permission to search his bedroom, why were everyone elses bedrooms searched?

***see last answer
 

JETX

Senior Member
"My first question is can they legally keep me from calling an attorney when they entered my home?"
*** If that was done, it would be unusual and subject to review by your sons defense attorney.

"Can they search my home before producing the warrant?"
*** Again, they should be able to produce the warrant at the time of initiating the search. If they did as you claim, this should also be reviewed by your sons defense attorney.

"Also Should they have given me my copy to keep when they entered my home, instead of holding it until they exited."
*** Not necessarily. Search warrants that I am familiar with provide a place for the officer to inventory any seized property and to complete the particulars of the search. After the officer completes the warrant, he should leave a copy with you.

"and finally since my son was the only person mentioned in the probable cause document, were they allowed to search my daughters bedroom and mines?"
*** Yes.

"Also My son gave the police verbal permission to search his bedroom, why were everyone elses bedrooms searched?"
*** Because his access in the property was not limited only to his room.
 
O

odanokj

Guest
just wanted to say thanks for the responses, it's been very helpful, and also wanted to reply to some comments. again thanks

always liable, yes they were police officers. They had a uniformed police officer babysit me while they destroyed our bedrooms.

Son of slam --- Never thought of that
***If they would have found contraband that was not on it, you may not have given it back for improvements. )

jetx -- Our search warrants don't provide a space for inventories, they use a seperate document for that purpose.


what really pisses me off is they completey trashed my bedroom, my daughters bedroom, & my six month old grandsons room, (which are usually considered private areas- not accesible to all family members) but my living room. bathroom, dining room,kitchen, & basement and the storage shed were not searched at all, ( and If I were to hide drugs I think I'd rather use a less frequently used room in the house such as the basement , the storage shed or closet in the kitchen. Guess I dont htink like the average criminal.)
 

I AM ALWAYS LIABLE

Senior Member
odanokj said:
Guess I dont htink like the average criminal.

==========================================

My response:

Whew, I'm sure glad to read that!

It's always nice to know that we have an "upper crust" and "above average" class of criminals that visit us here at FreeAdvice!

Only the creme' de la creme'.

IAAL
 

Bravo8

Member
[***If they would have found contraband that was not on it, you may not have given it back for improvements. )

[/B]
Funny, but not accurate. Had they located contraband not on the warrant, it would be a lawful siezure anyway.

As a matter of routine, we provide the occupants of the premise to be searched with a copy of the warrant right from the start. I honestly don't know if it's required, but we have always done it. I see no reason not to provide the copy initially.

They are required to leave a copy when they depart, along with the inventory.

The police have no obligation to allow you to contact anyone, including an attorney.
 
O

odanokj

Guest
Bravo, My personal thoughts on this is that they didnt have a signed search warrant when they walked into my house. If they did they should of handed it to me upon entering my home.Telling me that a warrant exist isn't proof. My house was searched 15 minutes after my son was arrested. At the time my son was arrested, they asked him would he consent to the search, or if they had to get a search warrant. He told them that he had no problem with consenting and in fact told them exactly where it was. They even went as far as to bring him to the house so he could let me know that he had consented to the officers entering the house, but right before they brought him in the house the police changed their minds and decided to do a search anyways.
I think that the officer that showed up in the middle of the search brought it with him, but thats just my opinion.

since you're a police officer, I was wondering if you could explain to me why they only searched bedrooms as oppose to other rooms, such as basement, bathroom. I'm just curious, since I would think that you'd want to search the entire house. I
 

JETX

Senior Member
You can whine, cry, bitch and moan all you want about fair or why or whatever..... however, that does NOT change the 'bottom line' which is....
Let your sons defense attorney review ALL the issues you raise and if valid, take appropriate action.
 
O

odanokj

Guest
EXCUSE ME jetx BUT I WASNT JUST WHINING, CRYING, BITCHING OR MOANING (andYES I'm ****ING YELLING AT YOU) I was simply trying to get some advice before we actually spoke to an attorney. Trust me I would never take anything said in this forum seriously because in my opinion it is run by a bunch no life wanna be's. What you cant be a lawyer in real life so you got to pretend ?

AND AS FOR EVERYONE ELSE ......... please dont waste my time with childish behavior. I thought this was a legitimate site that was intrested in helping people get some free advice. I wasnt aware that this was a forum for people like Jetx to boost their egos. For those of you who responded with legitimate responses thanks a lot
 

JETX

Senior Member
Clearly, you can only whine, cry, bitch and moan about this.
Your 'version' of the facts are so opposite of 'normal practice' that the truthfulness of your claims are suspect. That is why I repeat that it makes absolutely NO difference what you say in this post. The ONLY important fact is what his defense attorney comes up with.

But what the hell, you clearly came unarmed to this battle of wits. :D
 

HomeGuru

Senior Member
JETX said:
Clearly, you can only whine, cry, bitch and moan about this.

But what the hell, you clearly came unarmed to this battle of wits. :D

**A: I disagree. There is some arm albeit small. I deem the writer a dimwit.
 

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