Home     Law Advice     Insurance Advice     Community    
Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
Go Back   FreeAdvice Legal Forum > CRIMINAL LAW & PROCEDURE > Arrests, Searches, Warrants & Procedure

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 01-19-2003, 05:43 PM
bphilli3
Guest
 
Posts: n/a

no search warrent


What is the name of your state? Arizona

while my husband and i were away visiting a friend, the police came to our house on a tip from someone that they would find
drugs there. the police intimidated my 16yr old into letting them into the house. they then asked for my older son (20) who was not at home. they then searched the house. in doing so they woke my daughter who was sleeping. because they found a old rifle in my son's closet which was not loaded and had belonged to his grandfather and a small amount of marijuana they then cuffed the kids and did a body search on them. they did this without a
search warrant. when my older son came home, he went with the police to the station and was processed and released. he is going to court in a few days and on the paperwork it is listed as a felony. was this legal?

thank you
barbara
  #2  
Old 01-20-2003, 11:00 AM
Mike101
Guest
 
Posts: n/a
To many variables to tell you if it was legal or not. Here are a few points that might help.
If the police are given consent to come into a house they legally can come in. If right off the bat they notice something in plain view that is illegal then they can seize same and arrest accordingly. If the person who gave them permission to come in gives consent to search then they can also search. If it is a house with more than one person living there then the person allowing the officers to search can only give permission for area that are his own or common areas. They can give permission for the police to search their room but they can't give permission to search somebody elses room if that person has an expectation of privacy.
I think being you child was 16 and there were not any adults around, that can cause them some problems with the search.
Did your son share the bedroom where the items were found or was he the only one in it?
  #3  
Old 01-21-2003, 02:55 AM
bphilli3
Guest
 
Posts: n/a

no search warrent


Each of the boys have their own room. There was nothing in
plain view for them to see. They searched all the house, including
our bedroom where my daughter was sleeping. Thanks for the
info. We go to court tomorrow. I will post the results.
  #4  
Old 01-21-2003, 07:33 AM
Mike101
Guest
 
Posts: n/a
They can't search your room or your son's room without his or your permission.

Last edited by Mike101; 01-22-2003 at 12:27 PM.
  #5  
Old 01-21-2003, 07:38 PM
Not Guilty
Guest
 
Posts: n/a
The true dispositive issue is the reliability of the informant's tip (this statement makes the assumption that there really was an informant's tip and the police are not just making this up). Assuming the informant's tip is not reliable or non-existing. The privacy of your home was invaded without probable cause. The Arizona Constitution may provide for a greater expectation of privacy then the Fourth Amendment. Any of your children who are of a reasonable age to understand what is going on can consent to a government search of their home. Once the police are in the home and they see contraband in plain view the contraband can be seized. If the weapon was not in plain view and it was part of a protective sweep it can also be seized. Also if your son was charged with Misconduct With A Weapon, a class 4 felony in addition to Possession of marijuana, a class 6 felony the government needs to prove a nexus between the firearm and the marijuana.
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 06:13 AM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.