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illegal search and entrapment

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Melindacallihan

Junior Member
What is the name of your state (only U.S. law)? Ohio

Can the police come into our home without a search warrant? we were out of town and a 17 yr old friend was here and answered the door closing it behind her. They ask for my husband and she told them that he was not here, they shoved her out of the way and said they were comming in to look for themselves. That evening my husband called guernsey county sherrifs dep't and they told him he had a 2007 warrant for child support and they wanted to serve him with a protection order. He was told if he had the money for the child support to go to the court house and pay the money and they would just bring him his protection order. So we went to the courthouse to pay the child support and they arrested him immediately. They also told me, that he wasn't entitled to a free phone call not everyone deserves one. Please someone help me, IS THIS LEGAL IN ANYWAY??????????
 


CdwJava

Senior Member
Can the police come into our home without a search warrant?
In some circumstances, sure.

we were out of town and a 17 yr old friend was here and answered the door closing it behind her. They ask for my husband and she told them that he was not here, they shoved her out of the way and said they were comming in to look for themselves.
If he had an arrest warrant, and that was listed as his residence and they had reason to believe he was inside, then chances are good that your state's law allows them to search that residence for the wanted suspect.

They also told me, that he wasn't entitled to a free phone call not everyone deserves one. Please someone help me, IS THIS LEGAL IN ANYWAY??????????
He should probably have been allowed access to a phone. I bet that there was one in the holding cell. He can speak to his attorney to see if any of his rights were violated by his not having immediate access to a phone. Note, that this does not mean the arrested party gets immediate access to a phone, only that he is entitled to the use of a phone to get legal assistance or arrange bail when practical. In cases of a subject being booked, it might be a couple of hours.

He needs to consult an attorney.

- Carl
 

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