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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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Old 01-30-2003, 04:24 PM
princessdust
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Question

search guidelines for police


What is the name of your state? california
when the narcotics enforcement team (SolNet) kicked in the front of my apt., slammed me to the ground and put guns to my head, (no warrant), they absolutely thrashed my place. They broke furniture, dumped my garbage in my shower, destroyed small personal articles and threatened to kill my kitten w/ K9. My, my, no drugs there afterall- must have been bad information. Are they allowed to do all that? They all thought it was terribly amusing- I'm not laughing
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Old 02-01-2003, 12:50 PM
GKris
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I am sure there is more to this story. The entry, sounds like a forced enrty which is legal if there is a risk of danger to the enrty team. There would have to be a warrant which after everything was over, you were dusted off and explained what took place, would have been given a copy of. Entry without a warrant is still possible and legal although most departments frown upon it as a matter of policy due to liability factors. They would prefer to lay the liability on a judge granting them permission, but it is still quite possible. A warrantless entry could be made in a number of instances but without further info, its really hard to say. Do you have a history with the police? Any past narcotic offenses? Could someone you know and have had in your apartment think you sell drugs and maybe mentioned it to the police? With a K9 present, and if it was a tactical unit that made entry - I would venture a guess that this was a planned event and you are the target of an investigation. If it was all uniformed patrol officers, who are normally assigned street duty, I would say someone "snitched" you off and it was an immediate investigation situation, where as they believed the drugs would be sold or flushed if immediate investigation were not taken place. Sounds like they were right too. As far as the K9 eating your kitten, it didnt. Almost maybe, but that only counts in horseshoes and hand grenades. I'd be more worried why the dog was there rather than what it was going to do.
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