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Police raid, find nothing, now what

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RSINHELLMICH

Junior Member
What is the name of your state?What is the name of your state? Michigan
I AM A FRIEND OF A PARTY STORE OWNER THAT WAS RAIDED BY POLICE RECEANTLY, APPARIENTLY ON A TIP THEY WERE SUPPOSABLY SELLING MARAJUANA. THE OFFICER DESCRIBED AS NICKLE,DIME AND QUARTER BAGS. I AM VERY CLOSE TO THIS FAMILY AND AT THE STORE DAILY. THEY ARE NOT AND NEVER HAVE SOLD DRUGS OUT OF THEIR STORE. BUT.....OF COURSE THE CLERKS (NOT LICENCE HOLDER) DO AND HAVE SMOKED MARAJUANA. THE DAY OF THE RAID THEY BOTH HAD LITERALLY 1-2 JOINTS(WRAPED IN A CIGARETT WRAPPER) EACH ON THEM, WHICH IN TURN WERE CHARGED WITH POSSESION OF MARAJ. BOTH ARE THE STORE OWNERS SONS, IN WHO I AM AWARE OF THEIR USE, BUT ALSO KNOW FOR FACT THEY HAVE NEVER, SOLD DRUGS TO ANYONE EVER.
QUESTIONS ARE ... AS A STORE OWNER WHAT SHOULD MY FRIEND DO NEXT?
HOW CAN POLICE RAID A STORE WITHOUT NOT MAKING A "BUY" ?
WHY IS IT OK TO TRASH A PLACE DURING A RAID?
IS IT COMMON WHEN FINDING NOTHING,AND HAVING NO EVIDENCE TO MAKE SUSPECTS, "LIFT PRIVATES" AND "SPREAD EM"?21 YR AND 23YR MALES?
THE OFFICERS WERE VERY UPSET ABOUT NOT FINDING THIS SUPPOSED BIG DRUG SHOP AND ALSO WERE THROWING THE 21YR OLD AGAINST COOLERS, STACKS OF POP, ECT.... HOW MUCH ABUSE IS LEGAL?
THE LOCAL POLICE WHO KNOW THE STORE OWNERS AND OFTEN STOP IN FOR PIZZA,COFFEE ECT. TO FILE A COMPLAINT WITH THE POLICE DEPARTMENT THAT DID THE RAID WOULD THIS CREATE MORE PROBLEMS FOR THE STORE OWNER?
SORRY TO GET SO LONG WINDED, JUST WANTED TO GIVE AS MUCH DETAIL AS I COULD. ANY HELP WOULD BE APPRECIATED ....THANK-YOU
 


reyn562

Member
By the way just as a friendly reminder on Internet netiquette: do not type words in all-cap letters: this implies screening and is not necessary when trying to express oneself. Now onto the answer to your question.

Is your question Was the search legal ? The answer is yes, provided they had a search warrant. If they have probable cause to believe that crime is being committed in a certain location and that without a search warrant the evidence could be destroyed, they can apply for search warrant by preparing a sworn affidavit and application for search warrant, which is then signed by a judge and immediately executed.

Yes, unfortunately police always trash a place during the search of property: this is a darned shame. But the police do have a right to search every single area of property if they are trying to look for drugs. However, it police are only looking for certain items they are only allowed to look in an area where it would make sense those items are located. For example, if they're looking for financial records, they're not going to look in the bathroom, unless they have reasonable certainty that perhaps those records on located there.

Police have the right to search a person during the time they are executing a search warrant, especially for drugs. Any thing they do find can be admissible as evidence against them and can be incidental to an arrest.

However, police are not allowed to do strip searches incidental to an arrest. Is this what police did? Tell me more about the "Lift Privates," etc. did you or anyone see this happen? Is there any store surveillance cameras?

If this did happen then the two young males can file internal affairs complaints.

Unfortunately, due to the nature of the situation, there's not much the store owner can do unless there was no search warrant.
 

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