Possible illegal search

[trya40oz]

What is the name of your state? Florida

My cousin was currently arrested for attempted murder of a police officer and two civilians...while the police were looking for him my mother was in his house and when the police asked whether they can come in and TALK to the mother my mother concented but when inside officers ransaked his room while we were taking to the detectives...the owner(my aunt) did not concent to this search nor entry and also my mother does not live there...was there any foul play?

 

[BelizeBreeze]

Under what theory of law do you suppose you or anyone has a case? The 'owner' is not required to be the only one to consent.

Quit watching so much People's Court.

 

[trya40oz]

concent

I am wondering if you allow a police officer to come in to your house can they search it if they said they wanted to just wanted to talk... if so are there any restrictions on what they can search, can they open and touch thing or can they just look???

 

[BelizeBreeze]

I am wondering if you allow a police officer to come in to your house can they search it if they said they wanted to just wanted to talk... if so are there any restrictions on what they can search, can they open and touch thing or can they just look???

Sure there are. Unless they had a warrant
Now, list each and everything they searched.

List if they had a warrant and what that warrant entailed?

List the exigent circumstances for which they entered the home to search for a fleeing felon.

get the point? You have no facts.

 

[trya40oz]

addition

hey I do not watch the peoples court I watch law and order. also i was told that there was cops in the back yard of my aunts house before she got home is this legal?

 

[BelizeBreeze]

hey I do not watch the peoples court I watch law and order. also i was told that there was cops in the back yard of my aunts house before she got home is this legal?

Unless they were peaking into the bathroom window taking pictures of you having sex with yourself of course it's legal.

Geeez, ya think they were looking for a fleeing felon who had committed attempted murder might have had anything to do with them in the backyard?

 

[trya40oz]

addition

so what ever happened to fences and gates and private property? ok pretened im stupid(which i know u think i am) and tell what exactly can they do and what can they not do without a warrant.

 

[NOTGUILTYLEARCH]

its called probable cause and it will hold up in any court. You need to protect yourselves with an attorney...have him a phone call away and if they come back call him and have him deal with the police.

 

[BelizeBreeze]

so what ever happened to fences and gates and private property? ok pretened im stupid(which i know u think i am) and tell what exactly can they do and what can they not do without a warrant.

that depends on the warrant.

In this case, they were searching for a fleeing felon. They were allowed in the home by someone in control of the home.

There is nothing in the facts presented that would cause this 'search' to be thrown out.

 

[trya40oz]

Originally Posted by trya40oz
so what ever happened to fences and gates and private property? ok pretened im stupid(which i know u think i am) and tell what exactly can they do and what can they not do without a warrant.
that depends on the warrant.

In this case, they were searching for a fleeing felon. They were allowed in the home by someone in control of the home.

There is nothing in the facts presented that would cause this 'search' to be thrown out.

1st I asked what can they do WITHOUT A WARRANT
2nd What felon they did not know wether or not he did it...isnt a felon someone who has been convicted of something?
3rd Trown out of were? they ransaked a room of a 15 year old who ran over a cop as he backed up, besides the car what evidence can be trown out? there was a search but if it did not do anything towards their cause why present it in court?

i just wanted to know if anyones rights were violated when police were invited in to talk and then they searched a room?

 

[BelizeBreeze]

Originally Posted by trya40oz
so what ever happened to fences and gates and private property? ok pretened im stupid(which i know u think i am) and tell what exactly can they do and what can they not do without a warrant.
that depends on the warrant.

In this case, they were searching for a fleeing felon. They were allowed in the home by someone in control of the home.

There is nothing in the facts presented that would cause this 'search' to be thrown out.

1st I asked what can they do WITHOUT A WARRANT
2nd What felon they did not know wether or not he did it...isnt a felon someone who has been convicted of something?
3rd Trown out of were? they ransaked a room of a 15 year old who ran over a cop as he backed up, besides the car what evidence can be trown out? there was a search but if it did not do anything towards their cause why present it in court?

i just wanted to know if anyones rights were violated when police were invited in to talk and then they searched a room?

......no.......

 

[smutlydog]

What is the name of your state? Florida

My cousin was currently arrested for attempted murder of a police officer and two civilians...while the police were looking for him my mother was in his house and when the police asked whether they can come in and TALK to the mother my mother concented but when inside officers ransaked his room while we were taking to the detectives...the owner(my aunt) did not concent to this search nor entry and also my mother does not live there...was there any foul play?

I don't think they were planning on finding any evidence there. They were just looking for him. They probably already have enough evidence to convict him. If they were looking for evidence of a crime then the legality of the search becomes relevant.


I have had my house illegally searched before. The police didn’t find any evidence so the search wasn’t relevant.

 

[TYRIS]

Originally Posted by trya40oz
so what ever happened to fences and gates and private property? ok pretened im stupid(which i know u think i am) and tell what exactly can they do and what can they not do without a warrant.
that depends on the warrant.

In this case, they were searching for a fleeing felon. They were allowed in the home by someone in control of the home.

There is nothing in the facts presented that would cause this 'search' to be thrown out.

1st I asked what can they do WITHOUT A WARRANT
2nd What felon they did not know wether or not he did it...isnt a felon someone who has been convicted of something?
3rd Trown out of were? they ransaked a room of a 15 year old who ran over a cop as he backed up, besides the car what evidence can be trown out? there was a search but if it did not do anything towards their cause why present it in court?

i just wanted to know if anyones rights were violated when police were invited in to talk and then they searched a room?

-Police Officers are allowed to conduct a "protective sweep" of the residence for Officer safety if they believe that other subjects may be there. Since it was his residence, one would naturally assume that he may be there and due to the nature of the crimes a protective sweep was warranted.

Tyris