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Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
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  #1  
Old 08-25-2005, 10:33 PM
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please help!!!!!!!!


ca, my house was raided on a "search warrant"that i never saw and still havent. ive called everywhere and no one can help me is it legal to search and seize if no one involved is on parole or probation. and is it legal to search wiyhout showing a warrant.
  #2  
Old 08-25-2005, 11:01 PM
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Quote:
Originally Posted by unjustified
ca, my house was raided on a "search warrant"that i never saw and still havent. ive called everywhere and no one can help me is it legal to search and seize if no one involved is on parole or probation. and is it legal to search wiyhout showing a warrant.
A copy of the warrant should have been left at the residence. If not, there should be a record with the court.

Contact local counsel.

- Carl
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  #3  
Old 08-25-2005, 11:08 PM
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Quote:
Originally Posted by unjustified
ca, my house was raided on a "search warrant"that i never saw and still havent. ive called everywhere and no one can help me is it legal to search and seize if no one involved is on parole or probation. and is it legal to search wiyhout showing a warrant.

yeah but isnt there a procedure especially if they bust down your door and put guns to your head? no one in this residence is on probation or parole, so i really dont understand why they negelected to show me a warrant?
  #4  
Old 08-26-2005, 12:42 AM
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Quote:
Originally Posted by unjustified
yeah but isnt there a procedure especially if they bust down your door and put guns to your head? no one in this residence is on probation or parole, so i really dont understand why they negelected to show me a warrant?
They were probably too busy kicking in your door and putting guns to your head.

The "procedure" is to leave a copy of the warrant at the residence or with a responsible party at the residence. If no copy was left, check with the agency that conducted the raid and your attorney.

Failure to provide you with a copy of the warrant is not likely to result in any dismissal of the charges against you ... if any.

- Carl
__________________
A Nor Cal Cop Sergeant

"Make mine a double mocha ...
And a croissant!"

He Who Kneels Before God
Can Stand Before Anyone

....author unknown
  #5  
Old 08-26-2005, 12:52 AM
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Quote:
Originally Posted by CdwJava
They were probably too busy kicking in your door and putting guns to your head.

The "procedure" is to leave a copy of the warrant at the residence or with a responsible party at the residence. If no copy was left, check with the agency that conducted the raid and your attorney.

Failure to provide you with a copy of the warrant is not likely to result in any dismissal of the charges against you ... if any.

- Carl
well that certainly sucks!
  #6  
Old 08-26-2005, 12:58 AM
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Quote:
Originally Posted by unjustified
well that certainly sucks!
Sorry ... but failure to follow a procedure is generally a seperate matter from the offenses being charged.

You should probably work on a defense to the charges as opposed to searching for a magic pill.

- Carl
__________________
A Nor Cal Cop Sergeant

"Make mine a double mocha ...
And a croissant!"

He Who Kneels Before God
Can Stand Before Anyone

....author unknown
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