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House Searched without my presence

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break_of_dawn

Guest
What is the name of your state? Pennsylvania

A warrant was issued to search the home that I rent. My boyfriend pulls up to the house in his friend's car, and there's the DEA, the police, and a HazMat crew. The house is only rented in my name. I was not present, and wasn't even aware that this was happening until I got a call about three hours later. Nothing was found in my home, and my boyfriend was arrested. During a terry search, they found marijuana & a smoking pipe. He also carries a knife around his neck, which he told the officers about. My boyfriend, unfortunately, actually consented to a search of his backpack & they found valium, which he was charged with.
#1: Were they allowed to search my home without my being there?
#2: During the terry search, because they found marijuana, are they allowed to charge him with it, even though they are only supposed to be searching for suspected weapons? If not, because he had a knife on him (which he told the officers about), does that allow them to charge him anyhow?
#3: Were they allowed to search my friend's car, even though it's not on the search warrant & he doesn't even live with us?
 
Last edited:


HomeGuru

Senior Member
break_of_dawn said:
What is the name of your state? Pennsylvania

A warrant was issued to search the home that I rent. My boyfriend pulls up to the house in his friend's car, and there's the DEA, the police, and a HazMat crew. The house is only rented in my name. I was not present, and wasn't even aware that this was happening until I got a call about three hours later. Nothing was found in my home, and my boyfriend was arrested. During a terry search, they found marijuana & a smoking pipe. He also carries a knife around his neck, which he told the officers about. My boyfriend, unfortunately, actually consented to a search of his backpack & they found valium, which he was charged with.

#1: Were they allowed to search my home without my being there?

**A: why would you think that you need to be there? DEA does not send out fancy invitations with RSVP regrets only.
**********


#2: During the terry search, because they found marijuana, are they allowed to charge him with it, even though they are only supposed to be searching for suspected weapons?

**A: yes, but only if his name is Terry, Terrance, Theodore, Tiramasu or similar.
*********
If not, because he had a knife on him (which he told the officers about), does that allow them to charge him anyhow?

**A: yes, especially because of that large bulge in his pants. Officer says, "Terry, is that a bong in your pants or are you just happy to see us?"
********
#3: Were they allowed to search my friend's car, even though it's not on the search warrant & he doesn't even live with us?

**A: did they have probable cause? Like, are you guys involved in drugs in any way? When you say ice, are you talking about something solid that cools?
 
B

break_of_dawn

Guest
I just have to say thanks for the sarcasm. It really helps whenever I'm just trying to get answers to questions that I have. And actually, no, I'm not involved with drugs in any way. That's why they didn't find anything in my house. I was shocked when I found out that my boyfriend would even have something like that on him. The questions that I came up with were only because of other information that I was reading on this site & from the civil suit that I currently have against my landlord. Although, I do have to say thanks for the one-word yes & no answers to my questions. And in addition to that, I suppose another thanks again for the sarcasm and underlying condescending tone of your reply. I am in no way remotely stupid, and appreciate the fact that my questions may have been naive, but nevertheless, were questions that I felt I should ask someone.
 

HomeGuru

Senior Member
break_of_dawn said:
I just have to say thanks for the sarcasm. It really helps whenever I'm just trying to get answers to questions that I have. And actually, no, I'm not involved with drugs in any way. That's why they didn't find anything in my house. I was shocked when I found out that my boyfriend would even have something like that on him. The questions that I came up with were only because of other information that I was reading on this site & from the civil suit that I currently have against my landlord. Although, I do have to say thanks for the one-word yes & no answers to my questions. And in addition to that, I suppose another thanks again for the sarcasm and underlying condescending tone of your reply. I am in no way remotely stupid, and appreciate the fact that my questions may have been naive, but nevertheless, were questions that I felt I should ask someone.
**A: you're very welcome.
 

stephenk

Senior Member
the fact he had a knife (?) hanging around his neck was enough probable cause to arrest him and conduct a further search of his body and of the car he just arrived in.

why does he carry a knife around his neck?
 

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