Illegal search?

What is the name of your state? Ohio

I was hoping to acquire some legal advice for ourselves. My boyfriend worked for a motorcycle stunt team and it’s no secret that they and the police are on less than amiable terms. Several months ago, my boyfriend was at my home working in the garage with a friend on a motorcycle. They were approached by several officers telling them to put their tools down, and they watched as the garage was searched. They then focused on my boyfriend’s empty enclosed trailer asking what was in it – my boyfriend said nothing and they searched it finding the same. I was called home where I was told derogatory things about the stunt team and my boyfriend and was asked if the house could be searched. I asked for a warrant, they said they were getting one, pushed me out of the way, went into the house and ransacked it.

They are charging him with bike parts that belonged to others - left when their bikes were fixed - saying they were stolen, when my boyfriend knows that the bikes they came from have titles. He has witnesses to say they know the people who owned the bikes he fixed, but the owners will not testify due to police harassment or fear of such.

The search warrant and its affidavit are sealed, they claim they are protecting their informant, yet the police report from the incident says they searched the garage and then obtained a warrant. I understand there is something called probable cause and also plain view, but they cannot argue plain view of even seeing the garage since his van and trailer were parked in front of it. They will not grant a motion to deem the evidence inadmissible either, since they will not open the search warrant.

The lawyer will not call witnesses my boyfriend has asked to call, saying it doesn’t make much difference, though they are able to say they were there when he fixed a bike, or who dropped it off or where it was picked up to be fixed.

He’d also like to file a civil suit against the police against his fourth amendment rights – as they searched without a warrant. He wants to file a civil suit against the person that sold him the stolen bike. He doesn’t know how to do that and is having trouble finding someone to help. The police made promises to him that they didn’t want him, but the people he could help them find that were responsible for theft. Though, they began charging him weekly for RSP when he didn’t have the information they thought he did.

Can anyone offer some useful advice? Thank you. [email]isis69isis@aol.com[/email]

Does this help the case? Anyone know?

Commonwealth v. Guaba, S-6486, SUPREME JUDICIAL COURT OF MASSACHUSETTS, 417 Mass. 746; 632 N.E.2d 1217; 1994 Mass. LEXIS 236, March 7, 1994, Argued, May 11, 1994, Decided

OVERVIEW: Where a search warrant was required, a search by law enforcement officials, even if conducted within the scope of the warrant, without the document exhibiting their authority to search was unreasonable per se.

Also read: Failure of police officers to possess a copy of the warrant to search certain premises, which had validly issued but was not in hand when they commenced the search pursuant to the warrant, rendered the search warrantless, inasmuch as the police were without guidance as to which premises to search and what items to seize and the occupant of the premises was without notice as to the officers' authority to search. [752-755]

[CdwJava]

Why does the attorney say the witnesses are not worth calling? What does he know that is not being related here? Was anyone there on probation or parole?

The general exceptions to the warrantrequirement are consent and exigency. If there was a reason to believe that evidence might be destroyed they could go in to secure the evidence or the scene while awaiting the warrant.

Other than that, he should probably listen to his lawyer. Obviously the lawyer knows something that hasn't been made aware to you ... or to us.

Unless he doesn't think witnesses will be necessary because the search will get tossed anyway.

Carl

The lawyer says that with RSP, no one wants to listen to where the items came from. No one on the property was on parole or probation.

The lawyer says the judge won't hear anything about the search warrant and she expects to proceed without releasing information regarding it.

Drugs we believe my roommate's boyfriend were found there, the police talked my boyfriend into accepting them as his under the assurance that they would not charge him with them as long as he agreed they were his, or they would take my home. Now, he's being charged with them too and the lawyer will not use a witness that is willing to take the stand saying he bought drugs from this man and that my boyfriend and myself absolutely do not allow any drugs around us. This witness said he is willing to take any responsibility for the action, as he does not want to see my boyfriend go to jail for something htat was not his, yet the lawyer does not want to use him in trial.

The roommate I had left town with no forwarding address three weeks after the incident and I cannot find her or the man she was dating.

We're not sure what course of action to take.

[ptlmejo]

Or, more likely, won't call the witnesses because:

A. Feels they will detrement the case.
B. Won't negate an already valid warrant.

Was the search warrant even valid as they did not have it when they came onto the property, the report stating they obtained one after they began searching, though in court they try to imply they had one prior to coming to the property - and yet, they have the search warrant and its affidavit sealed and will not allow the defense to review it?

[CdwJava]

So ... they MAY have had one when they searched. Or, they MAY be arguing that they simply secured the property while they awaited the warrant to actually seize the evidence.

And I don't know how long they can keep the affidavit under wraps - the defense will eventually get to look at it (or part of it) ... minus the CI info, though.

Carl

Correct they may have actually had one but if they did why would they not bring it with them? When the courts close at 4 pm and they came and searched at 9:30 pm! As far as securing the property when I asked to see a warrant and they stated they were getting one they had allready loaded most of my garage into my boyfriends trailer (which was not stolen)!

His Defense atty hasn't motioned for the unsealing of the affidavit only the warrant itself! And aparently has no plans of doing so my boyfriend has demanded many times that he does so only to recieve opposition! We asked our atty today "Is there a law that states they must have the warrant in hand to initiate a search?" he said "yes there is but they will say they were securing the area!" We then reminded him that loading up stuff and logging it in doesn't seem to be securing the area!

Thanks everyone for all the help maybe someone will know enough to help us beat this blatent harrassment ! I am getting tired of being afraid to leave my home since I seem to conveniently be running into the same Detective everywhere I go when he isn't on duty! Oddly enough I have never seen him before this

Also having to take all of our house bill money and company money to bail him out bi-weekly is getting to be quit a burden (about $50,000 so far)

can anyone show me a supreme court ruling that states a search warrant must be shown and present to search?