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Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
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  #1  
Old 08-17-2005, 06:48 PM
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Angry

How can this be?


Indiana

Officers came to our house one day with a search warrant. This warrant stated specific things they were looking for. While searching the house, they brought people inside the house, into our garage, and through our storage they said were there to identify their stolen items.

Also, another officer was going through my purse, moving boxes without opening them to get to boxes underneath of those and opening them.

Five days later, they went and obtained another search warrant to outline the "proper" procedures to follow when allowing people to go through our house and again allowed these people to go through our house and our storage.

When I finally got smart and found that I could get copies of papers from the courthouse, the reports are now filled with lies.

I have outlined all this to my public defender and I keep hearing that no judge will side with me as far as this not being right.

Am I crazy or were things done wrong here?
  #2  
Old 08-17-2005, 06:53 PM
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and would you like to impart upon us why you're here and not speaking with your attorney?

what do you possibly hope to gain that can't be gained by speaking with someone who 1, knows the details of your case and 2, actually gives a damn.
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  #3  
Old 08-17-2005, 07:09 PM
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Because


Because I have brought this issue and many other issues up to my attorney. I am looking for anyone who has some meaningful advice and who might be a little willing to be upfront with me. This has been on-going for many months now and I have been trying to learn everything I can to protect my husband and myself from what is actually happening here.
  #4  
Old 08-17-2005, 07:13 PM
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Quote:
Originally Posted by chevy3girl
Because I have brought this issue and many other issues up to my attorney. I am looking for anyone who has some meaningful advice and who might be a little willing to be upfront with me. This has been on-going for many months now and I have been trying to learn everything I can to protect my husband and myself from what is actually happening here.
And you expect anyone other than your attorney to have the facts necessary to offer relevant advice?

Do you have a few days to write here each and every incident that occurred, the exact working of both search warrants, interviews with the officers who conducted the searches, the judge who issued the warrants?

Are you finally getting the point?
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  #5  
Old 08-17-2005, 07:28 PM
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I am not trying to be stupid here or aggravate anyone. I am only looking for somewhere to ask questions and learn. Maybe you can tell me where I can find out legitimate answers to questions I have. I am not out here to play games, this is too serious for that.
  #6  
Old 08-17-2005, 07:30 PM
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Quote:
Originally Posted by chevy3girl
I am not trying to be stupid here or aggravate anyone. I am only looking for somewhere to ask questions and learn. Maybe you can tell me where I can find out legitimate answers to questions I have. I am not out here to play games, this is too serious for that.
Then ask specific questions about specific facts.

what you wrote in your first post is only answerable by your attorney who has all the facts.
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  #7  
Old 08-17-2005, 07:35 PM
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I will try to be more specific here. First question,

When a sheriff comes to the door with a search warrant which specifically states what they are looking for, (eg. propane tanks, lumber, extension ladder, etc), can they legally bring people in and let them wander through your property and tell police what they say is theirs? The first warrant makes no mention of bringing people through the house.
  #8  
Old 08-17-2005, 07:46 PM
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Quote:
Originally Posted by chevy3girl
I will try to be more specific here. First question,

When a sheriff comes to the door with a search warrant which specifically states what they are looking for, (eg. propane tanks, lumber, extension ladder, etc), can they legally bring people in and let them wander through your property and tell police what they say is theirs? The first warrant makes no mention of bringing people through the house.
o.k. I know you won't like this answer but it's a question of fact for a judge to decide. Normally the answer is no. But without the specific language of the warrant there's no way to know what a judge will say.

Obviously, if something was found in your purse that was not listed on the warrant or that was obviously too big to fit in the purse, that item could be suppressed (if the warrant said step ladder and they found a gun in your purse while it was sitting on the counter in the kitchen for example)
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  #9  
Old 08-17-2005, 07:59 PM
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Nothing was found in my purse. However, there were things in my purse that are gone. Ex: my wedding ring, my drivers license, etc.

My second question would be can they move boxes that are stacked by a door (while there for this same first warrant) without opening them to get to a box underneath these boxes and open it?
  #10  
Old 08-17-2005, 08:25 PM
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Quote:
Originally Posted by chevy3girl
Nothing was found in my purse. However, there were things in my purse that are gone. Ex: my wedding ring, my drivers license, etc.

My second question would be can they move boxes that are stacked by a door (while there for this same first warrant) without opening them to get to a box underneath these boxes and open it?
Of course they can. And if things are missing file a complaint with the police.
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