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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 02-06-2002, 08:00 PM
lillisa4
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search warrants


I'm from Arkansas and was recently charged in Kentucky on drug charges. My question is this.. Can the law enforment use this arrest as a reason to serve a search warrant on my house looking for more of the suspected drug that I was charged with? Reason I am curious about this is because in this state if you are arrested and they find drugs or anything used to make drugs then they will immediately get a search warrant for you residence. Any help out there on this.. thanks
  #2  
Old 02-07-2002, 12:19 PM
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The use of search warrants of obtain evidence is common and is perfectly legal. You present no evidence of wrongdoing (except on your part).
  #3  
Old 02-07-2002, 12:37 PM
Mikedani
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With the info you gave it would seem 'No'. However you leave a lot of questions unanswered. For Law Enforcement to get a Search Warrant they need current, varified information that you are engaged in illegal activity now. What you did in the past is not usable to get a Warrant.

However,
Was the open case in Arkansas resolved? Are you on Parole? Are you a fugitive? Are you engaged in the same activity now?

There are a lot of ways for Law Enforcement to get a Search Warrant or even conduct a search without one, but if you have nothing hanging over your head then you don't have anything to worry about.
  #4  
Old 02-07-2002, 06:01 PM
lillisa4
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IN ADDITION.....


Quote:
Originally posted by Mikedani
With the info you gave it would seem 'No'. However you leave a lot of questions unanswered. For Law Enforcement to get a Search Warrant they need current, varified information that you are engaged in illegal activity now. What you did in the past is not usable to get a Warrant.

However,
Was the open case in Arkansas resolved? Are you on Parole? Are you a fugitive? Are you engaged in the same activity now?

There are a lot of ways for Law Enforcement to get a Search Warrant or even conduct a search without one, but if you have nothing hanging over your head then you don't have anything to worry about.
The open case is in Kentucky and I live in Arkansas. Was traveling thru when I was arrested. So the case is still open until a later date whenever my attorney contacts me. I haven't been to preliminary yet as I was incarcerated for 8 days with a 25,000 CASH Bond. I am now in Arkansas waiting for a court date but was curious if the city in which I was arrested and charged could contact the city in which I live ,,, give them the facts and by this information could the sheriff's department here execute a warrant with only that fact to go on... I personally don't believe they can but was wondering if anyone had this situation before.
  #5  
Old 02-07-2002, 06:27 PM
Mikedani
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No.
If any Search Warrants were going to have been executed they would have already done it.
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