Is It Legal?

[jusbreal]

What is the name of your state? Kansas
This is REAL- Not a "what if" setting. A parole officer came to a home to arrest someone for a PV. This person had documentation that she was no longer on paper- Yet the PO declined to even lok at the evidence- As this was happening the SO arrives- (unsure why) and didn't "announce" anything- just came on in. Began looking around the home and decided they needed asearch warrant. After all this- no one was arrested. 7 days later- SO returned @ 6:30am and said they had "Arrest Warrants" for the persons that were there the first time. As they served the warrants- they began searching the home again. No search warrant was seen- and no arrest warrants either. A visitor in the home was there to go out to bkfst and was drawn into the situation- He was arrested and taken to jail for possesion (all though he was never actually told why). He remained in jail for 13 days- bond went from $55,000 to $7,500.00. Stll has not been formally charged with anything. No court date has been set. What's next?

 

[calatty]

The police may have been justified in patting the visitor down, but on those facts I don't see probable cause for a search of the visitor. What's next is waiting and hoping he doesn't get charged.

 

[Jeter]

Calatty, what facts did the poster provide to show that there wasn't probable cause to pat down the visitor?

How was the visitor "drawn into" the situation and what was his role? If he was in posession, common sense (which had abandoned him when he purchased drugs) should have told him to leave.

 

[jusbreal]

My Understanding Is...

I was told that he went there for bkfst and as they came in with the arrest warrants- he was caught up in the middle by being there. He said that he wouldn't have had a chance TO leave and if he had tried that he felt like he would have had more problems. He had a prescription btl with his med in it- (loritab)- which also had his name on it and the officer took it from him- calling it a controlled substance.

 

[jusbreal]

Nobody Is Going To Respond??

I would still appreciate some input ....?? Thanks!