Home     Law Advice     Insurance Advice     Community    
Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
Go Back   FreeAdvice Legal Forum > CRIMINAL LAW & PROCEDURE > Arrests, Searches, Warrants & Procedure

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 08-26-2003, 03:00 PM
Member
 
Join Date: Mar 2002
Posts: 43

Ga search warrant


What is the name of your state? georgia

A former friend called the police because she has some mental issues and told them that I had a fraudulent renewal sticker on my car. She also told them that I had drugs in my home and that I was a drug dealer. The police came to my home with a search warrant for the sticker and for my computer and any paper work having to deal with Ga tag decals. I was in the shower when they were at the door so I did not hear anyone at the door. When I got out of the shower, I heard some loud commotion downstairs and a lot of yelling. I was really scared and all I had on was a towel. I went to the top of the stairs and was greeted by several police with guns pointed directly at me. I am 9 months pregnant. I asked them what they were doing in my home and who were they looking for. They stated they had a search warrant. My daughter came running into the hallway, she is 2, and they pointed the guns at her. I was backed into my bedroom and I asked if I could at least get dressed. The officers refused at least turn their heads so I could put on some clothing. I asked to see the warrant. I was told told in a minute. After I dressed, I again asked to see the warrant. I was taken downstairs and was given the warrant. I asked them how they entered my home. The no knock provision was not granted. They stated that the garage was unlocked. I do not believe this. I noticed that my screens on my windows were all on the ground in the back of my house. They proceeded to ransack my home. They went through everything including my dirty clothing, fridge and then some. They ransacked my daughters room and threw her toys all over the floor, threw all my clothing in my closet on the floor. I was arrested for a warrant from 4 years ago for a charge we thought had been dismissed. Apparently superior court dropped the charge and state court picked it up and forgot to notify me, my attorney of record and my bonding agent. The charge was a misdemeanor in another county. The judge in that county was really angry that they arrested me in my condition for something so stupid and immediately released me. The search warrant was specific as to what they could look for and what they could take.

These officers took things that were not listed on the warrant. They opened every letter of my mail, whether addressed to me or not. Including promotional mail from MCI and such. They opened all of my bills, which I do not open as I pay them over the internet. This was not granted under the search warrant. Needless to say that no drugs were found in my home. They also took a handgun, which they have been trying to return that belonged to my fiances cousin. They actually brought it back and gave it to my neighbors son! Was this search illegal? Can they enter your home without you knowing they were there? It is obivious they were looking for something else other than a sticker for a car, because of where and what they search. Isnt it illegal for someone to open your mail? Obviously there is not going to be a sticker in a credit card, mortgage or utility bill. Also, I might add that the locks on my windows were broken as well as my screens. What recourse do I have? They have charged me with forgery for the sticker, since they say they saw it on our car. Do officers have the right to go beyond the scope of the search warrant. They took a lot of papers, such as my GA department of labor paperwork, bond paper work and loan documents.
  #2  
Old 08-26-2003, 03:05 PM
Member
 
Join Date: Mar 2002
Posts: 43
I wanted to add that this former friend has been harrassing me for 6 months and told me that she was going to do this. I didnt believe her. I am now filing charges against her for harrassment and stalking and the same investigator in charge of the search of my home is taking the complaint. He has also apologized for the mess they made of my home, but everyone seems to have lost their memory about the screens on my windows and locks being broken as well as opening my bills.
  #3  
Old 08-26-2003, 09:12 PM
Senior Member
 
Join Date: Feb 2003
Location: Mexifornia
Posts: 1,314
Quote:
Originally posted by ochiatl
but everyone seems to have lost their memory about the screens on my windows and locks being broken as well as opening my bills.


And you seem to think it is OK to evade taxes by forging a registration sticker.
__________________
****************************
IMPORTANT: READ CAREFULLY - Son of Slam comments are provided solely to reform, chastise, or replace existing opinions. Inasmuch, SOS holds no title to said SOS comments IF SOS comments are used only for non-profitable thought enhancement. Any other use of SOS comments are strictly forbidden without the expressed written permission of SOS. In so obtaining said permission you agree to be bound by the terms and conditions set forth in binding contract. If you do not agree to these terms and conditions, you may not copy, repeat, modify, think, or in any way use SOS comments. Once contracted, unless you acquired the SOS comments on external media, you may make a single copy of the SOS comments solely for archival purposes or rethinking of the SOS comments in the same context that the SOS comments were previously expressed. SOS retains all right, title, and interest in and to the SOS comments. All rights not granted are reserved by SOS. THE LIMITED WARRANTY (IF ANY) INCLUDED IN THE APPLICABLE SOS COMMENTS APPLIES TO THE SOS COMMENTS PROVIDED THE SOS COMMENTS HAVE BEEN LICENSED BY YOU WITHIN THE TERM OF THE LIMITED WARRANTY OF THE APPLICABLE SOS COMMENTS IF APPLICABLE.
  #4  
Old 08-27-2003, 09:16 AM
Member
 
Join Date: Mar 2002
Posts: 43
No I do not think its okay to avoid paying taxes. That has nothing to do with the "legal" questions that I asked.
  #5  
Old 07-15-2004, 08:05 PM
Member
 
Join Date: Mar 2002
Posts: 43

Charges Dropped


After several months of waiting for them to tell me that this was all nonsense, they finally dropped the charges. They wanted me to press charges against the woman who called and made the accusations for harrassment, but I was done with the entire situation. Even though they said that they would replace the screens and pay for the repairs, I have heard nothing. Should I ask them again, or am I just wasting my time? I do not understand how someone can just call in and make an accusation, and the police will waste tax dollars and time without investigating the claim first. I have only seen this happen here in Georgia. Now I have to go down to get all of my things that never should have been removed in the first place.
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 02:08 PM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.