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Illegal search and seizure

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teenjp

Junior Member
Ohio

I need help anyone please!!!!!!!!!!! My boyfriend was leaving my home and the police had a search warrant that was supposed to be for the upstairs apartment and they detained him while leaving and said it was for the whole house upstairs and downstairs. They were watching the guy living upstairs and thought the house was a one family house and got the warrant for the whole house. They did not stop my boyfriend until he was miles away on the freeway and took him back to the house where they were beginning the search. They did find drugs and a gun in my home and arrested him. Is there anything we can do to get around this if they werent even watching us and just accidently tripped onto a case while looking for the guy upstairs. Please help!!!!!!1:eek:What is the name of your state?
 


CdwJava

Senior Member
teenjp said:
My boyfriend was leaving my home and the police had a search warrant that was supposed to be for the upstairs apartment and they detained him while leaving and said it was for the whole house upstairs and downstairs.
What did the warrant say? Did it indicate a search of the entire premises?

They were watching the guy living upstairs and thought the house was a one family house and got the warrant for the whole house.
And you know this ... how? I doubt you were privy to the investigation.

They did find drugs and a gun in my home and arrested him.
Oops!

Is there anything we can do to get around this if they werent even watching us and just accidently tripped onto a case while looking for the guy upstairs.
Sorry, but the police don't have to ignore evidence they find while investigating other crimes.

He needs an attorney. An attorney can evaluate the cause for the detention and the validity of the search warrant. But, if the warrant included the whole home, it is going to be nearly impossible (absent a knowingly falsified affidavit) to suppress the warrant.

- Carl
 

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