Illegal entry and search??? He said NO

[sysco]

What is the name of your state? Colorado
The police came to my son's door (he is an adult). They said they recieved a 911 hangup call from his fax machine - he doesnt have a fax machine and told them this. They asked if they could come in and look around. My son said, "I'd rather you didn't". They came in anyway and proceded to search. When they got to his roommates bedroom door, my son said, "you can't go in there, It belongs to my roommate who isn't home." At that point they arrested him. Then they found ONE pill of "extacy", which my son didn't know was in the house. It had been left by a former roommate 6 months earlier.

Can they search his house even after they asked and he said No? Was my son legally right to say he could not give them permission to enter a roommates room?

We later found out that the 911 call came from a high school 9 miles away and had nothing to do with my son. My son got a felony charge deferred sentance with 4 years probation.

[mycarlb]

Originally Posted by sysco

What is the name of your state? Colorado
The police came to my son's door (he is an adult). They said they recieved a 911 hangup call from his fax machine - he doesnt have a fax machine and told them this. They asked if they could come in and look around. My son said, "I'd rather you didn't". They came in anyway and proceded to search. When they got to his roommates bedroom door, my son said, "you can't go in there, It belongs to my roommate who isn't home." At that point they arrested him. Then they found ONE pill of "extacy", which my son didn't know was in the house. It had been left by a former roommate 6 months earlier.

Can they search his house even after they asked and he said No? Was my son legally right to say he could not give them permission to enter a roommates room?

We later found out that the 911 call came from a high school 9 miles away and had nothing to do with my son. My son got a felony charge deferred sentance with 4 years probation.

Any 911 call must be followed up by the police... If (and it's hard to believe) they went to the wrong home... they assumed the 911 to be legitimate and must do a walk through --what if your son's girlfriend was in their beat up and your son told the police it was a mistake... that happens and this is why the police were doing their job when entering his home.

You are not being told the whole story... we want to believe our children 100% but in this situation, there is much more that he is leaving out.

Just so you know... the 911 system gives the complete address of where the call came from... unless it's a cell phone call... better go back and ask your son to come 100% clean with you..

[CdwJava]

I'd say there is more to this. I can't imagine that the police intentionally phonied up the 9-1-1 story to bully their way inside. A 9-1-1 call is too easily verified to even considering that kind of a lie.

IF the 9-1-1 call came in from another location then the search would probably be tossed unless it can be shown that the mistake was reasonable. And if the police were looking in drawers while responding to a 9-1-1 call, there might be a problem with that as well ... without consent or probable cause, searching small areas might result in any such evidence being suppressed.

Your son needs an attorney. And there is something fishy with his version of events.

- Carl

[sysco]

Colorado
I have a copy of the dispatch that came into the police dept. It states the call came from the High School. I have not seen any documentation, but I was told later that the "hang up call" from the high school somehow made reference to my son's prior roommate (the one who left the pill there). They found the pill in small jar on top of the kitchen cabinets covered in dust.
My son's current roommate told he remembered the other guy leaving it there 6 months ago (he told me this before my son was released from jail, so they didn't collaborate the story, if they had, they would have gotten rid of the pill or at least hidden it.)
The cops in this county are notoriously crooked!
But my question - even under these circumstances, if the officers ask permission to enter a residence and are told NO, can they go in anyway? And if so, why bother asking?

[CdwJava]

Originally Posted by sysco

Colorado
I have a copy of the dispatch that came into the police dept. It states the call came from the High School. I have not seen any documentation, but I was told later that the "hang up call" from the high school somehow made reference to my son's prior roommate (the one who left the pill there).

"Made reference"? In what way? if it made reference to the former roommate being killed, that is different than saying he used to live there and may have left drugs there 6 months ago.

The cops in this county are notoriously crooked!

So the rumor mill might believe. I have heard many untrue rumors in my day. It does not mean it is true. besides, why would they risk federal prison just to bluster their way inside for a single pill of ecstacy on a jar on a shelf??

But my question - even under these circumstances, if the officers ask permission to enter a residence and are told NO, can they go in anyway? And if so, why bother asking?

The exceptions to a warrant requirement for a search include consent and exigency such as a danger to life and limb. If they had good cause to believe someone might be injured inside the residence they can usually force their way inside to ascertain if that is the case. However, this is very fact specific - what did the officers know or believe, and was the response reasonable.

Your son will need an attorney to obtain copies of the police report and other information necessary for a defense.

- Carl

[sysco]

My son had an attorney, not a very good one I suspect. AS he was convinced to just plea and he got 4 years probation, deferred. AS far as the cops having good reason to search, as I said before, it was a hang up call from a fax machine from a different town. And when they came to the house they never even mentioned or asked about the former roommate who was supposedly "somehow" related to this HANG-UP call from a nonexistant fax machine. It all just sounds like there is something not quite right with how this was handled by the police or the attorney.

[Shay-Pari'e]

Originally Posted by sysco

My son had an attorney, not a very good one I suspect. AS he was convinced to just plea and he got 4 years probation, deferred. AS far as the cops having good reason to search, as I said before, it was a hang up call from a fax machine from a different town. And when they came to the house they never even mentioned or asked about the former roommate who was supposedly "somehow" related to this HANG-UP call from a nonexistant fax machine. It all just sounds like there is something not quite right with how this was handled by the police or the attorney.

Reality check Dad,

If it was a hangup call from another town, they would have responded at the sceene of the call. A fax machine does not talk into a phone, so you are in some serious denial.

[Shay-Pari'e]

Nevermind, I just got a reality check reading your other posts.

[Kane]

I don't think this is the whole story.

Check to see if there's a probable cause affidavit (or "PC affidavit," or "affidavit for arrest and detention") in the court's file for your son's case. Check with the county or district clerk for criminal cases in the county where your son was convicted. This will contain the police version of why they arrested your son. I suspect it contain facts different from what you've said here.

In any case, if your son has already pled guilty, pursuant to a plea bargain, it will be difficult to overturn his conviction. Defendants generally give up the right to appeal, as part of the plea bargain.

[Son of Slam]

Originally Posted by --PARIDISE--

Nevermind, I just got a reality check reading your other posts.

Yes, I really like the murder mystery he is writing about President Bush running over his father with his trailer and making it look like a suicide.


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