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Creditable source for probable cause to search

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ka0sloop

Junior Member
Louisiana

Hello, I had called the police on my nephews father (who was told by police the night before to stay away) because after an altercation with my fatherinlaw he stormed into the house and snatched a sleeping boy off the couch. The man was found and arrested. He was under the influence of several things. Out of anger and revenge he lied and said he bought drugs from my fiance that morning. His father told cops that was impossible because he was up about 30-40 min before the man showed wanting his boy. No one else was awake. The cops showed up saying his father gave permission to search, he says he didn't. He is on high doses of bipolar meds and was at the police station checking on my nephew. He said the cops did give him something to sign but said no one asked about permission to search.

Anyway, after about 30 min of searching in bags, vents, boxes and such they found a box under the tv stand which contained a small amount of weed. They ticketed my boyfriend and I. We were told the ticket was a favor because the boy (who ultimatly was taken from his parents) discussed how much love and care we extended to him.

Was this legal? If we committed no crime that was witnessed by the police and all they went on was the word of a disgruntled, substance influenced man, who even threw himself at file cabinets to try to harm himself, how could probable cause be justified without a creditable source?
 


tranquility

Senior Member
I am uncertain over the players, but if the police had consent from a person who they reasonably believed could consent to a search, they can search. "Probable cause" has nothing to do with it. If the police wanted to search based on the arestee's claim of buying drugs, they would need to get a neutral and detached magistrate to issue a search warrant before they could enter the residence to search in this instance. I see no legal reason why a judge wouldn't issue a warrant, but it (should) depend on all the facts in the police affidavit.
 

HighwayMan

Super Secret Senior Member
I had called the police on my nephews father...
Why can't you just say your brother or brother-in-law?

Your story was very confusing in regards to who's who, who's house is involved, etc. Maybe if you explain things better you can get a better answer.
 

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