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athomas247

Junior Member
What is the name of your state (only U.S. law)? Alabama
My husband's cousin is on probation for 2 counts of unlawful distribution. Both my husband's and his cousin's mother live on the family property where his cousin resided previously but for the last two years and currently resides elsewhere and this address is on record with his probation officer. Two days ago the police threw a smoke bomb into the front door of the family residence and rushed in on the two elderly residents, and two other women one a minor age 15. they ransacked the home and broke the bed frame of one of the elderly women. They were told by the residents that there were dogs chained on the property and if approached they are aggressive. There are also "Beware of Dogs" signs posted. In the course of the search the police shot at one dog when attempting to approach an unoccupied vehicle, without the assistance of a Humane Officer. My husband is a mechanic and operates out of the garage in the back of the property which was closed and pad-locked. After being unable to locate the person listed on the search warrant, the county officials busted down the garage door and exited moments later.
After being told the police had shot my dog in the head, I called county dispatch and ask if I could pick up my other 4 dogs and was told the officials would be leaving shortly and were waiting on the humane officer to arrive to check out the dog that was still moving. 30 minutes later, I received a call from a person situated next door who told me the officials had re-entered the garage and exited moments later with a Wendy's bag and something black. The person also said it looked like they were taking my dogs and I then went to the property and told the officials I was there to get my dogs and they ran a warrant check which obtained no results. They advised me they were leaving, the dog had been shot at, but not injured. When they left I verified the dog was scared but had not been shot.
In addition, my husband arrived and after inspecting the shop advised that $8,500.00 was gone from his toolbox. He could find no evidence that anything else was out of place as if no further search was conducted after the police located the money. We have recently obtained a Federal Tax ID number and formed a partnership to transport vehicles and sell used cars. The money was for the intention of obtaining a truck, licenses, surity bond and liability insurance. I can also show where the money came from and that it was withdrawn from my bank. We had already purchased a three-car hauler. The person they were seaching for owned a vehicle that was parked on the property to be worked on. The car was impounded.
The search warrant provided listed cause for "Search the home of (property address), to search for "my husbands cousin", and look for controlled substance and contriband" Items impounded included 3 digitial scales found in the garage. Pill and lose marijuana found in the residence. 1997 Camaro in the yard. At the bottom and not categorized this was written..."OBS backyard shed"
No entry for the money that was taken can be found on the report.
My husband's cousin had contacted three different bondsman with the intention of turning himself into authorities after consulting his attorney on Monday morning , and none of the bondsman can locate any current charges against him.
The search address is listed on the cousin's felony-card however his probation officer whom he reports to monthly has his current address on file and that address has not been searched.
What are my rights and how do I recover my money? Also, I believe that my mother-in-law's civil rights have been violated. I need advise.
My Sincere Thanks....
 


justalayman

Senior Member
please explain why you believe it is an illegal search.

between this:

The search warrant provided listed cause for "Search the home of (property address), to search for "my husbands cousin", and look for controlled substance and contriband"
this:

The search address is listed on the cousin's felony-card
and this:

Pill and lose marijuana found in the residence
just what do you believe was illegal?


Oh, and if the Camaro was known to be the probationer's and it was known it was there, that was eligible to be searched as well.


What are my rights
to hire an attorney in case you to are arrested.


and how do I recover my money?
that is going to be a problem. First, if it was not documented, proving it was there is going to be difficult. Then, given the scales and the drugs found, chances are if they admit there was money, chances are it is never coming back.
 

Ladyback1

Senior Member
The search warrant provided listed cause for "Search the home of (property address), to search for "my husbands cousin", and look for controlled substance and contriband" Items impounded included 3 digitial scales found in the garage. Pill and lose marijuana found in the residence. 1997 Camaro in the yard. At the bottom and not categorized this was written..."OBS backyard shed"
The garage that is/was your husband's? That was padlocked shut?? What, pray tell, would someone working as a mechanic, need with 3 digital scales???

Your husband should probably be talking to an attorney, and you probably should not be talking to anyone else about this.
 

CavemanLawyer

Senior Member
All of the things you are complaining about are exactly the things that the search warrant authorizes the police to do. Even if you and almost everyone else on the property is 100% an innocent party, that one person allegedly commit crimes there gave the police probable cause to kick down the doors and search the place. The police are always authorized to seize contraband that they find on the premises even if it wasn't listed in the warrant. They apparently believe there is evidence that the cash found was linked to the drugs. There will be a forfeiture case opened up for the money and you can intervene and fight that case, which is a civil case not a criminal one. Those are your rights.
 

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