cops enter without search warrant

[desire29]

What is the name of your state? az
My ex boyfriend was outside my residence causing a scene and broke a window out of my house. The cops were called by the neighbor. Do the cops have the right to enter my home without a search warrant with there guns drawn on me demanding me to show my hands and handcuff me when I wasnt doing anything wrong? I am not sure if my ex was inside the house or if he was outside and they chased him in in either case do the have the right to enter?

 

[Just Blue]

What is the name of your state? az
My ex boyfriend was outside my residence causing a scene and broke a window out of my house. The cops were called by the neighbor. Do the cops have the right to enter my home without a search warrant with there guns drawn on me demanding me to show my hands and handcuff me when I wasnt doing anything wrong? I am not sure if my ex was inside the house or if he was outside and they chased him in in either case do the have the right to enter?

Yes...If you didn't know where your bf was it is likely that they didn't either. They handled the situation in a safe and professional manner.

 

[Shay-Pari'e]

Of course they do. The neighbors reported a possible break in. Of course their guns were drawn.

What if it was a real robber?

Think for a moment.

Bay, you have a PM.

 

[Shay-Pari'e]

Up for some pleasent reading Bay?
desire29
Junior Member Join Date: Nov 2006
Posts: 8

drug charges in az

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What is the name of your state? arizona
My boyfriend and I got into a physical fight in my vehicle. I was purposely honking the horn to get help, the police were called. The police were going to let us go until my boyfriend mentioned something about drugsd in the car. The cop asked if he could search my vehicle. I did not give him permission to search. Another cop them came up to me and said I was under arrest for disorderly conduct. They then searched my car and found some meth. I went to jail for disorderly conduct and they seized my car. This happened aug 27th almost 3 months ago and I still dont have my car. I have since went to court on the disorderly conduct and it was dismissed beiing I was a victim. The drugs still have not been charged against me. Can you tell me if they can still charge me for the drugs since they violated my 4th amendment right to search my vehicle? Can I get my vehicle back? The only reason they put me under arrest was because I didnt give them consent to search. Is it to bad so sad they found the drugs they can still charge me or can I fight ther fact that they violated my rights to search my vehicle?? How long do they have to charge me with the drugs and why haventy they charged me yet??

 

[Just Blue]

Up for some pleasent reading Bay?
desire29
Junior Member Join Date: Nov 2006
Posts: 8

drug charges in az

--------------------------------------------------------------------------------

What is the name of your state? arizona
My boyfriend and I got into a physical fight in my vehicle. I was purposely honking the horn to get help, the police were called. The police were going to let us go until my boyfriend mentioned something about drugsd in the car. The cop asked if he could search my vehicle. I did not give him permission to search. Another cop them came up to me and said I was under arrest for disorderly conduct. They then searched my car and found some meth. I went to jail for disorderly conduct and they seized my car. This happened aug 27th almost 3 months ago and I still dont have my car. I have since went to court on the disorderly conduct and it was dismissed beiing I was a victim. The drugs still have not been charged against me. Can you tell me if they can still charge me for the drugs since they violated my 4th amendment right to search my vehicle? Can I get my vehicle back? The only reason they put me under arrest was because I didnt give them consent to search. Is it to bad so sad they found the drugs they can still charge me or can I fight ther fact that they violated my rights to search my vehicle?? How long do they have to charge me with the drugs and why haventy they charged me yet??

Ahhh...Such a trashy person...Now we KNOW why the guns were drawn...

 

[racer72]

This is one of those moments when one of (banned person's username) trailer park joke would have been appropriate.

 

[mikesativa]

If the drugs were inside a sealed container that had to be opened by the police, then it is an illegal search. Opening any container requires a search warrant or your consent.

If it was in the open and your arrest was warrated then it is ok to do an inventory search of the vehicle but they still cannot open any container such as a pill bottle or back pack without a warrant.

 

[BelizeBreeze]

If the drugs were inside a sealed container that had to be opened by the police, then it is an illegal search. Opening any container requires a search warrant or your consent.

If it was in the open and your arrest was warrated then it is ok to do an inventory search of the vehicle but they still cannot open any container such as a pill bottle or back pack without a warrant.

What the hell are you talking about? Doing a little of the crank yourself?

 

[mikesativa]

What the hell are you talking about? Doing a little of the crank yourself?

I answered her question. Nothing more or less.

 

[BelizeBreeze]

I answered her question. Nothing more or less.

You have no idea what you're talking about. Move on.

 

[mikesativa]

You have no idea what you're talking about. Move on.

State v DANIEL (Inventory Search of Impounded Vehicle) bulletin no. 19. Defendant was arrested for DWI and transported from scene by the arresting officer. While the defendant was in route to jail, a second officer conducted an inventory search of the vehicle (as required by the State Administrative Rules per the Commissioner of Public Safety). During the inventory search, a firearm, along with a quantity of drugs was discovered in a closed unlocked attaché case located on the rear seat. The Court ruled this evidence inadmissible citing that the Administrative Rule which requires such warrantless searches violates the Alaska Constitution, specifically Article 1, Sections 14 and 22, which governs unlawful searches.

It was not admissable cause it was not in plain view; ie they had to open the case to find the contraband.

 

[Just Blue]

State v DANIEL (Inventory Search of Impounded Vehicle) bulletin no. 19. Defendant was arrested for DWI and transported from scene by the arresting officer. While the defendant was in route to jail, a second officer conducted an inventory search of the vehicle (as required by the State Administrative Rules per the Commissioner of Public Safety). During the inventory search, a firearm, along with a quantity of drugs was discovered in a closed unlocked attaché case located on the rear seat. The Court ruled this evidence inadmissible citing that the Administrative Rule which requires such warrantless searches violates the Alaska Constitution, specifically Article 1, Sections 14 and 22, which governs unlawful searches.

It was not admissable cause it was not in plain view; ie they had to open the case to find the contraband.

The OP is in Arazona...So please tell us what ALASKA law has to do with it??

 

[BelizeBreeze]

State v DANIEL (Inventory Search of Impounded Vehicle) bulletin no. 19. Defendant was arrested for DWI and transported from scene by the arresting officer. While the defendant was in route to jail, a second officer conducted an inventory search of the vehicle (as required by the State Administrative Rules per the Commissioner of Public Safety). During the inventory search, a firearm, along with a quantity of drugs was discovered in a closed unlocked attaché case located on the rear seat. The Court ruled this evidence inadmissible citing that the Administrative Rule which requires such warrantless searches violates the Alaska Constitution, specifically Article 1, Sections 14 and 22, which governs unlawful searches.

It was not admissable cause it was not in plain view; ie they had to open the case to find the contraband.

Aside from the fact that you are a legal moron citing an Alaska case on an Arizona post, this POST has nothing to do with an auto. Are you drunk or just mentally handicapped?

 

[CdwJava]

I answered her question. Nothing more or less.

Such a search was permissable if pursuant to a vehicle impound and inventory policy even according the 9th Circuit. The fact that AK holds a stricter standard is AK's issue and is not biding in AZ.

- Carl