consent to search house

What is the name of your state? California

A family member was stopped on a routine traffic stop and the police seen a bag of what seemed to be a controlled white substance so they searched entire car, then gave him a consent to search home form without his rights read to him. Can they use whatever evidence was found in the house against him?

carla28s said:

What is the name of your state? California

A family member was stopped on a routine traffic stop and the police seen a bag of what seemed to be a controlled white substance so they searched entire car, then gave him a consent to search home form without his rights read to him. Can they use whatever evidence was found in the house against him?

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**Did they arrest him?

california
thanks for your reply, yes he was arrested.

Nothing you have stated would seem to give rise to a belief that any of the searches were improper. Miranda is not an issue to a consent search, only to statements that can be used against him. So, if he was asked questions that might incriminate him after he was arrested, then he might be able to get anything resulting from those statements suppressed ... but it has nothing to do with the sarch of the car and probably not the house either.

He needs an attorney.

Carl

I agree with cdwJava.

Not knowing exactly what they found, the amounts of what they found ect.... He could be in serious trouble.

arrested?

california

He has an attorney but he has tried different times to speak with him in person but the attorney keeps telling him theres no need for it. So he's not able to get answers from him. As for being arrested, when is it considered an arrest?

videotaped search

california

Another question please, during the home search they video taped the search, but I know this doesn't have nothing to do with drug laws but I know they don't have footage of what happened outside on the property. At least I don't believe they would use it as evidence only because one of the officers was shooting at the livestock on the property. Whatever the outcome of his case, Did the officers break the law also? Also, is it required to video tape a home search and if so would it require all the video footage including out back?

carla28s said:

california

He has an attorney but he has tried different times to speak with him in person but the attorney keeps telling him theres no need for it. So he's not able to get answers from him. As for being arrested, when is it considered an arrest?

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Well, when they slap the cuffs on him and take him to jail, that's a sure sign he was arrested. But, he can also be detained at the scene in handcuffs or in a car and that might NOT be an arrest for some purposes.

For Miranda purposes, it would be at that point where he was essentially in custody ... cuffs on and seated on the couch, in a car, etc.

Carl

carla28s said:

california

Another question please, during the home search they video taped the search, but I know this doesn't have nothing to do with drug laws but I know they don't have footage of what happened outside on the property. At least I don't believe they would use it as evidence only because one of the officers was shooting at the livestock on the property. Whatever the outcome of his case, Did the officers break the law also? Also, is it required to video tape a home search and if so would it require all the video footage including out back?

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Vedotaping is NOT required by law. Many agencies do it because it makes it easy to reconstruct the scene and to show where they found particular items. It also can show the state of the home on arrival and when they left.

And if the officers were shooting at livestock on the property, they could be guilty of a crime. At the very least, they likely violated some department policies ... IF it really happened.

Carl

not aware of his rights

california

he was handcuffed and put in back of the car (arrested) and still hadn't been read his rights thats when they gave the consent to search house form and had him sign. From the traffic stop location they drove him to the house and then searched the property. If I understand correctly, at the point when they placed him in the back of the police car, that was when his miranda rights should of been given? If so, then because he was not aware of his rights, the consent to search the home wouldn't stand?
Thank you for your replies.

The real question we all want to know is - did the police find any illegal substance in his car and/or in his house...?

carla28s said:

california

he was handcuffed and put in back of the car (arrested) and still hadn't been read his rights thats when they gave the consent to search house form and had him sign. From the traffic stop location they drove him to the house and then searched the property. If I understand correctly, at the point when they placed him in the back of the police car, that was when his miranda rights should of been given? If so, then because he was not aware of his rights, the consent to search the home wouldn't stand?
Thank you for your replies.

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Only on TV do they read someone their Miranda rights when they are arrested. Miranda is required when a person is in custody AND they are being interrogated. In this case, he was asked to sign a consent to search form, not (apparently) questions that could incriminate him. However, given the circumstances, a good attorney MIGHT be able to make an argument of coerced consent ... but that really depends on all the circumstances. And, consent is often asked even if the officers already have sufficient cause for a legal search anyway so that might not be a sure thing even if consent was coerced.

Carl

BeenAround said:

The real question we all want to know is - did the police find any illegal substance in his car and/or in his house...?

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Well ... yeah. That, too.

And, how much?

Carl

*CdwJava, do the police have these consent forms just sitting around in their squad cars?

*Seems like the police had him under observation.

*Carla28s, why are you so concerned for him? I understand family and all, but apparently he is not making the right decisions in his life.

*Did he have any priors that would have peeked the interest of the police?

Happy Trails said:

*CdwJava, do the police have these consent forms just sitting around in their squad cars?

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I do. And all my officers should.

*Seems like the police had him under observation.

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Even if they did, that's not illegal. And it's likely that they did if they had sufficient suspicions about him. Whether it was constant surveillance on him or just keeping their "eye" on him or not is impossible to say.

Carl