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Illegal search?

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boobiemj

Guest
What is the name of your state?Louisiana

When my fiancee was arrested his house was searched. I was there at the time and he had already been brought to the police station. The police did not have a court issued search warrant. They asked me if I lived there with him and I told them I didn't, which was true. They didn't believe me and kept asking me again and again and saying I was lying and that they better not find out I lived there. I told them they wouldn't because I told the truth. Then they said I had to sign paper allowing them to search or they implied I could end up in jail with him for obstruction of justice. I thought only homeowners or renters could sign such a paper and if so can anything found be used against him in court? Wouldn't this be illegal search?
 


HomeGuru

Senior Member
boobiemj said:
What is the name of your state?Louisiana

When my fiancee was arrested his house was searched. I was there at the time and he had already been brought to the police station. The police did not have a court issued search warrant. They asked me if I lived there with him and I told them I didn't, which was true. They didn't believe me and kept asking me again and again and saying I was lying and that they better not find out I lived there. I told them they wouldn't because I told the truth. Then they said I had to sign paper allowing them to search or they implied I could end up in jail with him for obstruction of justice. I thought only homeowners or renters could sign such a paper and if so can anything found be used against him in court? Wouldn't this be illegal search?
**A: let me ask a simple question- why was he arrested?
 

JETX

Senior Member
"I thought only homeowners or renters could sign such a paper"
*** Simply, you 'thought' wrong. Any adult who lives there, or appears to have 'control' of the premises can allow a search.

"and if so can anything found be used against him in court?"
*** Yep.

"Wouldn't this be illegal search?"
*** Did you sign there 'permission to search' form?? If so, then his attorney will have to review the facts to determine whether the search was legal or not. There are simply too many possible 'options' to answer your question factually.
 
O

okymon

Guest
I have to agree with JETX, There are so many variables involved in a search and seizure case that without more facts one may be unable to give you a single answer. Rarely is the case of a single answer, when the question involves the law anyhow. Good advice was that an attorney be contacted to protect certain rights. Good luck.
 

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