Can police search victim's property?

[j4bs4209333]

What is the name of your state (only U.S. law)? Massachusetts
I am wondering if police can legally search a victim's property or do they have to get a warrant first. A friend of mine had his house broken into by a neighbor. There was a witness and the police arrested the person and recovered the stolen property, which was a flat screen tv and also a small fireproof safe which was locked. The suspect has a long record and just finished doing 5yrs for a similar incident. Just a guess here but I imagine upon his arrest he knew he was caught red handed so he started telling the cops whatever might interest them. I'm sure he told the cops my friend might run an unlicensed pharmacy, for lack of better words. The stolen property was held as evidence in the b&e case, which is normal. About 5 days later the police call my friend and say they want him to open the safe in front of them. He refuses because there's a couple of thing inside if you know what I mean. A few more days go by and a detective shows up at my friend's house telling him that they opened the safe and he had 2 choices, either set up his guy or they would summons him in on 4 counts of possession with intent. He refused to set anyone up so they summons him in on 2 class b's a class c and a class d all with intent. I want to know if they had any right to just open up a safe. The safe required a key as well as a 4 digit passcode so they must have pried it open. Do they need a warrant to do this? They have yet to produce a search warrant for anything. There was also a decent amount of cash in the safe. If he gets off on the criminal charges they will have to return the money right?

 

[CdwJava]

I am wondering if police can legally search a victim's property or do they have to get a warrant first. A friend of mine had his house broken into by a neighbor. There was a witness and the police arrested the person and recovered the stolen property, which was a flat screen tv and also a small fireproof safe which was locked. The suspect has a long record and just finished doing 5yrs for a similar incident. Just a guess here but I imagine upon his arrest he knew he was caught red handed so he started telling the cops whatever might interest them. I'm sure he told the cops my friend might run an unlicensed pharmacy, for lack of better words. The stolen property was held as evidence in the b&e case, which is normal. About 5 days later the police call my friend and say they want him to open the safe in front of them. He refuses because there's a couple of thing inside if you know what I mean. A few more days go by and a detective shows up at my friend's house telling him that they opened the safe and he had 2 choices, either set up his guy or they would summons him in on 4 counts of possession with intent. He refused to set anyone up so they summons him in on 2 class b's a class c and a class d all with intent. I want to know if they had any right to just open up a safe. The safe required a key as well as a 4 digit passcode so they must have pried it open. Do they need a warrant to do this? They have yet to produce a search warrant for anything. There was also a decent amount of cash in the safe. If he gets off on the criminal charges they will have to return the money right?

It is always quite humorous when people who are involved in criminal activity report a crime to the police even when the crime itself will provide proof of illegal activity!

Your state is in a different federal circuit than mine, so I can't say that the law in your state will be the same as mine, but it is arguable that a warrant would have been required. But, it can also be articulated that the property was evidence and in the hands of the police and as such no right to privacy exists. I would have sought a search warrant, myself. Whether MA requires one in this instance or not, only your friend's attorney can say.

Your friend needs an attorney now.

 

[redleg17]

So......your friend called the cops to recover his illegal drugs for him? Classic.

 

[cyjeff]

I agree.

Your friend is a moron.

 

[j4bs4209333]

I agree he is a moron. I was speechless when he told me that story. What was in the safe is a very small amount though. It's like one or two of this and one or two of that. It's not at all a large quantity of anything. 2 out of 3 of the prescription pills are prescribed to his girlfriend who stays there often so there's a reason for him having them. The 3rd isn't really explainable a couple of OC 80's and otherwise it was a 20 bag also. He didn't really expect to get charged with all this for a couple of oc's and a 20 bag. He plans to proove his girl has a script for the other 2, don't know if it'll help. The dumbest part is keeping a large amount of money like that at home, better yet with your stash of stuff. I do agree though that he's a moron. I told him we should submit the case to the world's dumbest criminals site.