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Questionable proceedure during raid

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k8loz

Junior Member
What is the name of your state? California

A couple of weeks ago our house was "raided". It was a bizarre experience. I guess I thought it should have gone like all those reality shows out now like "Dallas SWAT". Anyway, the police from a neighboring city started banging on our door at 8:30 in the morning. There were maybe 5 police men total, all at the front door with their guns aimed. My boyfriend answered the door, they pulled him out, shouting for us to put our hands up. They escort us out one by one (We have 1 roommate in the house with her own room, one person temporarily staying with us on our couch, another roommate that lives in an apartment attached to the garage and a couple that was visiting us that morning.) leaving us to stand around the hood of the car parked in our driveway with our hands on the hood, of course. None of us had any idea what this was about.

So, we asked and did not receive one solid answer. There was no paperwork or warrant presented to my boyfriend who is the owner of the house. We were told they were there looking for someone but wouldn't say who. We were also told they were conducting a drug raid because someone told them our house would be a good place to look.

They get us all out and a couple of them go back in the house. We can see them through the front window looking in drawers and flipping the couch coushins etc. The go to our room and come back with a miniscule amount of methamphetamine, and some pills. The pills were mine, I have a script for them. I left a couple loose on my desk the night before because I was going to take them and decided not to and was too lazy to put them back. The meth belonged to that couple that was visiting us. The girl had been cleaning out her purse when all this started and the contents of said purse were sprawled across my bed, meth included. This is what the cops found. They did a very cursory look through my room, opening up drawers and jewelry boxes but not really thrashing anything. They left my pot. They briefly glance in the roommates room in the house, I don't think anyone fully entered the room before they were coming back out again. They never went into the garage or into the adjoing apartment. They never even went into the backyard.

They took the girl aside and started harassing her about the dope and said that if no one copped to it they were going to arrest her since she was the last person in that room. Of course she didn't cop to it, even though it was hers, and told her to sit back down. (right after they got us all out, one of the officers brought out my kitchen chairs and placed them in the front yard for us to sit on while they "searched".) At any rate, a few minutes go by and I over hear them arresting my boyfriend for the dope since he was the home owner and no one came forward to claim it, the male of the visiting couple because he was on parole and is not supposed to have any contact with the police, and the temporary couch dweller for probation violation(he had a pocket knife and was hanging around known felons). They had seperated the three of them and took them to the sidewalk when the one had brought out the chairs for the rest of us. We have alot of trees in our front yard and couldn't see them but we could hear the police explaining about why he was arresting my boyfriend. No one ever read any of them their rights at any point.

The parolee was released because there was no reason to hold him. He had no drugs or weapons on his person and was in plain sight of the police men at all times during this ordeal. The couch dweller had a probation hold placed on him and had to spend the weekend in jail. We bailed my boyfriend out. When he was released he was not given any paper work at all, no copy of the booking report or of personal belongings, nothing. He was told when his court date was and that's it. He never found out why they were even at our house in the first place.

When the couch dweller went to court he said he saw a copy of the report and that the poice claim to have given a copy of the warrant to the homeowner upon entry. The warrant was for a previous roommate who had moved a good 6 months prior to all this and is currently incarcerated in Orange County Jail.

Now, what are the chances for a DA reject in all this? Aren't they supposed to present you with a copy of the search warrant upon entry? And if they were supposed to be looking for a man what were they doing looking in drawers and flipping couch cushions instead of inspecting the garage and backyard? Not to mention, don't the police do a computer search to make sure that the person they are looking for isn't in jail before they waste their time and our money on pointless excersizes? The whole thing was so slipshod. And is that proceedure, to arrest the house owner if no one claims the meth?
(sorry about the length of this)
 


Some Random Guy

Senior Member
If you wish to have any reasonable chance of contesting the search, get a lawyer. The fact that the person that they were seeking on the warrant was in the county jail can be used to argue that the police should have known the information before getting or serving the warrant.

Is your home in Orange County where the fellow is incarcerated and how long was he in there before the raid?
 

outonbail

Senior Member
It certainly sounds like you have a strong case for illegal search and seizure. However, like Some Random Guy suggests, this is something you will need a competent attorney to accomplish.

If everything you have posted is factual and there is nothing more that would change the whole situation, then it is possible that the DA will not file the case and when your boyfriend goes to court again, he will be told the case has been dropped or that it is in limbo and to check back with the court in a week or so, meaning the DA hasn't decided yet.

So you can wait until your boyfriend goes to his arraignment and at that time, if the DA proceeds with the case, he can plead not guilty and put out his money for a criminal defense attorney following his pleading not guilty. Just make sure your boyfriend doesn't discuss the case with the DA or anyone else when he goes to court. The only words that should come out of his mouth are "Not guilty".
He can even request a continuance to enter his plea if he wishes and then he can bring an attorney with him to enter the plea at the next scheduled appearance.

If the person they were looking for was indeed incarcerated in another city or county, then the jail holding him will usually do a warrant search when the person is booked and if any exist, they then inform every city, in every state, who has an active warrant out on him, of his whereabouts, so that a hold can be placed on the person so another city/county can come pick him up or so he can be extradited to another state on any out of state warrant. So depending on how long he's been in custody, any other city that had an outstanding warrant for his arrest would be notified.

These are just a few of the things an attorney will look into for you. They will also be requesting the application for the search warrant, which is the information provided to a judge, by the agency requesting the search warrant, to review it for errors and misinformation which can also in effect, void the warrant.

These are things you will need an attorney to handle, as they will not be provided to a suspect or defendant in a criminal case. Most public defenders are too overwhelmed to push the DA until they actually receive some of these documents, so a private attorney is probably your best bet in a situation like this.
 

k8loz

Junior Member
Thank you both, Some Random Guy and outonbail. I appreciate your comments. We have since recieved a letter from the Police Department extending his court date from 8-30-07 to 9-20-07. I figure it's for one of two reasons, maybe both. They are either using the extra time to put more of a case together, or, one of the main testifying officers is going to be on vacation. What do you think?
As far as the person they were suposedly looking for, he's been in Orange County Jail since the end of May and his next court date is something like 8-30. And, no, we don't live in OC, we are in the South Bay. But I figure if I can spend five minutes in front of my computer and find out inmate information, the Police should be able to too, even faster. Don't they have specialized hardware, software and databanks specifically for locating possible multiple offenders?

Anyway, thanks again and any further enlightenment or words of wisdom would be great!
 

CdwJava

Senior Member
So, we asked and did not receive one solid answer. There was no paperwork or warrant presented to my boyfriend who is the owner of the house. We were told they were there looking for someone but wouldn't say who. We were also told they were conducting a drug raid because someone told them our house would be a good place to look.
If they hit your house on a whim with no supporting documentation (a warrant) or sufficient probable cause to justify the entry, the cops were morons. I suspect they had something more than that to justify the entry. If not, then someone needs to file a complaint so these guys get fired.

Was anyone residing at the home (whether present or not) on probation or parole? Have a warrant?

When the couch dweller went to court he said he saw a copy of the report and that the poice claim to have given a copy of the warrant to the homeowner upon entry. The warrant was for a previous roommate who had moved a good 6 months prior to all this and is currently incarcerated in Orange County Jail.
Well, the probation conditions of the "couch dweller" MIGHT justify a search ... but that's iffy. And if they had a warrant for a person they reasonably believed to be at the home, the entry would have been justified. A search of areas where the wanted person could not hide, however, would be suspect.

Now, what are the chances for a DA reject in all this?
No one can say.

Aren't they supposed to present you with a copy of the search warrant upon entry?
No. A copy of a SEARCH warrant must be left with a responsible party or inside the residence, but not a copy of an arrest warrant. If this WAS a search warrant, they should have left a copy. if they did not, then a complaint can be filed with the agency and a defense attorney might be able to leverage the procedural violation in some way ... not too likely, but i suppose it's possible.

And if they were supposed to be looking for a man what were they doing looking in drawers and flipping couch cushions instead of inspecting the garage and backyard?
Well, they did have a parolee and a probationer in the house ... that could give them justification to search areas that those folks had access to. The warrant - if an arrest warrant and NOT a search warrant - would not have given that level of search authority.

Not to mention, don't the police do a computer search to make sure that the person they are looking for isn't in jail before they waste their time and our money on pointless excersizes?
If the agency making the raid was not from Orange County, they likely would not KNOW he was in custody. Especially if they received (apparently bad) intel that said that he was at the home. There is not a huge statewide database that allows us to run a name and find out if someone is booked into jail. Some counties have such a system within the county, but not all ... and there is no such system that I know of that does this across county lines.

The whole thing was so slipshod. And is that proceedure, to arrest the house owner if no one claims the meth?
If probable cause can be articulated, sure. If the meth was on his bed, who do you think they would arrest?

- Carl
 

outonbail

Senior Member
As far as the person they were suposedly looking for, he's been in Orange County Jail since the end of May and his next court date is something like 8-30. And, no, we don't live in OC, we are in the South Bay. But I figure if I can spend five minutes in front of my computer and find out inmate information, the Police should be able to too, even faster. Don't they have specialized hardware, software and databanks specifically for locating possible multiple offenders?
It depends when the warrant was issued. As I said, most county jails will run the persons name through NCIC when they are booked. I'm not sure if this is done automatically now, when they run someone through the fingerprint database, but I would imagine so. These computers today can find things pretty fast and I would imagine that the new computer fingerprint system is linked into a statewide and possibly nationwide system.
Anyway, if the warrant they came to your home looking for him on, wasn't issued when he was first picked up, they wouldn't necessarily have known he was in custody. Now before he is released on whatever case he's currently incarcerated on, he would be run through the system again and the warrant should certainly show up at that time.
Now if this person they were looking for was on parole, then I'm sure his parole officer would have been notified at the time of his arrest.

Now, I have to tell you that it sure sounds like either you or your boyfriend, possibly both, keep company with some shady characters. I mean the guy on your couch is on probation with a no bail hold on him, your couple friend's male half is on parole and his girlfriend has meth dumped out on your bed at 8:30 in the morning. The guy that used to reside there, is incarcerated in one county and wanted in others.
Don't you see anything wrong wth this picture?

Does the old saying, if you sleep with the dogs, you'll catch fleas mean anything to you?

You and or your boyfriend should really boot these couch/garage/carpet dwellers to the curb and change the locks on your home. These people will only bring other criminal elements around and/or law enforcement around looking for them.
Another problem you will have, is now that these people have themselves an address, every time they are booked for another crime, they will be using your address whether you are aware of it or not. Some may be OR'd and when they do not show up for court, guess where the first place the police will be looking for them is?
So whatever the connection you have with all these folks may be, you should consider breaking it, or plan on getting sucked up in the vortex of problems that always seem to follow them wherever they go, again and again!
 

CdwJava

Senior Member
These computers today can find things pretty fast and I would imagine that the new computer fingerprint system is linked into a statewide and possibly nationwide system.
The warrant might have been issued after he was booked. And even if issued before booking, if the warrant had not been entered into NCIC (i.e. they did not wish extradition) it would not appear.

But, there is no database to indicate whether someone is in custody or not ... outside the exceptions I explained previously.

Now if this person they were looking for was on parole, then I'm sure his parole officer would have been notified at the time of his arrest.
He'd probably be back in state prison and not the Orange County jail if he was booked on a charge that would violate his parole (and most would).

Now, I have to tell you that it sure sounds like either you or your boyfriend, possibly both, keep company with some shady characters. I mean the guy on your couch is on probation with a no bail hold on him, your couple friend's male half is on parole and his girlfriend has meth dumped out on your bed at 8:30 in the morning. The guy that used to reside there, is incarcerated in one county and wanted in others.
My thoughts as well!

You and or your boyfriend should really boot these couch/garage/carpet dwellers to the curb and change the locks on your home. These people will only bring other criminal elements around and/or law enforcement around looking for them.
Yep. The old axiom, "birds of a feather ..." holds true. Yes, the police DO target the friends and associates of known criminals.


- Carl
 

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