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No search warrant but was told entering either way

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allphases

Junior Member
What is the name of your state? Wisconsin
ok I was involved in a party to a crime on a burglary and the police pulled us over and arrested us after my friend went into a place and I drove apparently they have been following us for a week . After they have us under arrest they went to my place and banged on my roommates window at 2:30am till he woke up they told him to come to the door when he answered they door they told him they were coming in either way to secure the property and make sure no one else was in the house . They told him he had 2 choices to be put in squad car till they got search warrant or let them in the house but he was not allowed to be in there without them so he couldn't get rid of any evidence. So he didn't want to sit in police car so he said they could wait inside . Search warrant did not come for over 5hrs later . He had to take a number 2 and they would not let him go to the bathroom at the house they made him get in police car and he had to use bathroom at the police station im no lawyer but it sure seems his fourth amendment was violated. Could some please tell me what he can do about the way he was treated and lied too ? Thank you
 


justalayman

Senior Member
so, they didn't search until the search warrant was issued and your friend let them in the house to wait. He could have said no. If the cops entered after that, it would be up to him to attempt to challenge the validity of the search. As it stands, it appears their actions were either by permission or by the rights the warrant gave them.
 

swalsh411

Senior Member
Cops lie, and sometimes even skirt the line (and cross it) when it comes to illegal searches. The thing to do is refuse to give consent but NOT try to stop them. As in "Officer you do not have my permission but I will not resist." Then you are in a good position to later challenge the validity of the search.
 

allphases

Junior Member
He just woke up and didn't have a clue what was going on my whole point is they told him he had to sit in police car for 5 hrs or let them in house until warrant got signed and told him they were coming in either way to clear the house before warrant and that he couldn't use his own bathroom BEFORE WARRANT ARRIVE and made him get in police car and take a **** at the police station. There is no way that can be legal . He let them in because they said his only other choice was sitting in police car till warrant got signed
 

TigerD

Senior Member
Talk to your attorney.

Only worry about the things that actually affect you at this time.

Start looking for either a new roommate or a new place to live.

DC
 

sandyclaus

Senior Member
What is the name of your state? Wisconsin
ok I was involved in a party to a crime on a burglary and the police pulled us over and arrested us after my friend went into a place and I drove apparently they have been following us for a week . After they have us under arrest they went to my place and banged on my roommates window at 2:30am till he woke up they told him to come to the door when he answered they door they told him they were coming in either way to secure the property and make sure no one else was in the house . They told him he had 2 choices to be put in squad car till they got search warrant or let them in the house but he was not allowed to be in there without them so he couldn't get rid of any evidence. So he didn't want to sit in police car so he said they could wait inside . Search warrant did not come for over 5hrs later . He had to take a number 2 and they would not let him go to the bathroom at the house they made him get in police car and he had to use bathroom at the police station im no lawyer but it sure seems his fourth amendment was violated. Could some please tell me what he can do about the way he was treated and lied too ? Thank you
He just woke up and didn't have a clue what was going on my whole point is they told him he had to sit in police car for 5 hrs or let them in house until warrant got signed and told him they were coming in either way to clear the house before warrant and that he couldn't use his own bathroom BEFORE WARRANT ARRIVE and made him get in police car and take a **** at the police station. There is no way that can be legal . He let them in because they said his only other choice was sitting in police car till warrant got signed
In all honesty, for all the police knew, your roommate may well have been complicit in the crime. If they didn't know about it before the crime occurred, they could just as easily gotten rid of the evidence while you were in custody. The police were well within their rights to secure the potential evidence by preventing access to the apartment while waiting for the search warrant to move forward to do the search and seizure.

The rights of law enforcement to protect the evidence far outweighed your roommate's preference to use their own personal bathroom over the facilities elsewhere - especially given the very likely possibility of them conveniently disposing of incriminating evidence during the process. Unless the home bathroom had some special equipment that was medically necessary, and which could not be provided at the facilities at the police station, there was no reason why they would HAVE to go to the bathroom at home instead other than their own convenience and personal preferences.

I don't hear the roommate complaining here. I hear YOU complaining. That phrase "he doth protest too much" comes to mind. Seems like YOU are the one with the issue - maybe because your roommate wasn't able to get rid of your stash and tank your case? :rolleyes::eek::rolleyes::eek::rolleyes: If your roommate is the one with the problem, then YOU are the one they need to go to, as it was YOUR illegal actions that caused the police to have to search your apartment in the first place.
 

CdwJava

Senior Member
Under the right circumstances, and depending on the status of the law in your state, the police can and often will secure a scene to prevent the destruction of evidence while they seek a search warrant. It would be incumbent upon them to articulate the exigency that led them to that belief, but, it is not an uncommon practice.

Your attorney can review the facts and make an appropriate decision. However, unless they discovered any evidence as a result of their entry, the search will likely be good. After all, what will you argue: "Had they not secured the property my roomie could have destroyed the evidence!"
 

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