illegalsearch

What is the name of your state? texas
oneof my daughters friends who we believed was 17 was involved in a robbery of a skater shop he was residing with us and we were unaware he had brought merchandise into our home. the police showed up wanting to ask questions and we let them in however they immediately started to search the house,they some skater stuff in his room and then tore our room apart and found a small amount of cocaine which there was no probable cause to enter our room since they found what they wanted in his room without a search warrant.they searched all our vehicles as well as air ducts and brought police dog

Interesting story.

You gave them permission to search your house by letting them in, you knew what you were hiding in your room so what did you expect? Now what is your question.

rmet4nzkx said:

You gave them permission to search your house by letting them in, you knew what you were hiding in your room so what did you expect? Now what is your question.

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Wrong. Based only on the facts as presented, there was no legal basis for a legal search.

Letting the police in to your home is not grounds to conduct a warrantless search absent probable cause. Unless the police found evidence of the crime in plain view in a room where you allowed access, I would definately discuss this matter with an attorney.

BelizeBreeze said:

Wrong. Based only on the facts as presented, there was no legal basis for a legal search.

Letting the police in to your home is not grounds to conduct a warrantless search absent probable cause. Unless the police found evidence of the crime in plain view in a room where you allowed access, I would definately discuss this matter with an attorney.

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**A: I disagree. Prosecute those friken coke heads.

b&kchappell said:

What is the name of your state? texas
oneof my daughters friends who we believed was 17 was involved in a robbery of a skater shop he was residing with us and we were unaware he had brought merchandise into our home. the police showed up wanting to ask questions and we let them in however they immediately started to search the house,they some skater stuff in his room and then tore our room apart and found a small amount of cocaine which there was no probable cause to enter our room since they found what they wanted in his room without a search warrant.they searched all our vehicles as well as air ducts and brought police dog

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OP left out some words, so we can only assume the PD either saw and or found some skater stuff in his room and thus had permission to search further, we already know they allowed them into the home. Once they found the stolen items, they had probabal cause to search the house and cars, I believe Carl has addressed this in the past. Perhaps they were under the influence to have allowed the police in in the first place without a warrant
This is Texas afterall

OP left out a question, too. So I don't see what all the nattering is about.

rmet4nzkx said:

OP left out some words, so we can only assume the PD either saw and or found some skater stuff in his room and thus had permission to search further, we already know they allowed them into the home. Once they found the stolen items, they had probabal cause to search the house and cars, I believe Carl has addressed this in the past. Perhaps they were under the influence to have allowed the police in in the first place without a warrant
This is Texas afterall

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Rmet, you can "SUPPOSE" all you want, but as I said, based on the post as presented, there was not probable cause for an extended search.

Depending on case law on the matter in Texas, "consent" is generally valid until withdrawn. If they were allowed in the home and asked if they could look around (as I presume they did ... I doubt they just walked in and started tossing the joint ... but I suppose its possible), that gives them pretty clear authority to look until the responsible parties say, "Stop."

Once they found evidence of the crime, if consent was withdrawn, they could have secured the scene and obtained a warrant ... at least that's what they SHOULD have done.

Given the extent of the search to include cars and everything else, I have to think there is something missing here. It could be that one or more parties in the home were on parole or probation. Or, it could be that consent was continued ... though that would seem to be an arguable presumption.

I would have gotten written consent, personally ... better yet, a search warrant. Verbal consent is far easier to challenge then a warrant.

- Carl

cdwjava responses are fasinating

what can i say.... just keep doing what you are doing

and thankyou.

Why Let Them In At All???

ok, im just a young buck, but my question is. Why would you let any form of law enforcement into your home when you know that there is COCAINE on the premises???? DUH! If you had a doobie stashed away or a lil baggie of some chronic laying around your room, this could be understanable. But as an adult, you should have been more responsible then to let the police into your house when you had cocaine! The part that cracks me up is, they didn't have a warrant, unless i am mistaken? Maybe you will stop with the blow now, i always thought that comes with having a child.. Smoke weed, its better then that **** your snortin up... BTW im not some stuck up ass on here, im an 19 year old kid telling you this....

Z4Bmer said:

ok, im just a young buck, but my question is. Why would you let any form of law enforcement into your home when you know that there is COCAINE on the premises???? DUH! If you had a doobie stashed away or a lil baggie of some chronic laying around your room, this could be understanable. But as an adult, you should have been more responsible then to let the police into your house when you had cocaine! The part that cracks me up is, they didn't have a warrant, unless i am mistaken? Maybe you will stop with the blow now, i always thought that comes with having a child.. Smoke weed, its better then that **** your snortin up... BTW im not some stuck up ass on here, im an 19 year old kid telling you this....

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maybe they were high

When I was working Crime Prevention ... many, many moons ago ... I was told by a veteran narcotics officer that about 3 out of 4 people that they contacted on "knock and talks" (based on anonymous tips of drug activity) would let them in to do a completely consensual search. Of those, about half would result in the discovery of drugs and/or paraphernalia. And 3/4 of those where they found some evidence of drugs or drug use, the evidence was in plain sight - usually in the front room where the front door was.

He was convinced that was why they called it 'Dope'.

- Carl

no warrants

California:Even if you had a bench warrant they cannot place you in custody if you dont let them in your first mistake was letting them in. Warrants must state their purpose. If a cop came to my door and asked me my name and then said there's a warrant for my arrest and I have to come out or I have to let them in I'd tell you have you go get a warrant I'll wait until you get it.
You see The warrants for my arrest but not to enter and arrest me. No cop in his right mind would want to stop in the middle of his day to go find a judge let alone bother one at nite for a bench warrant. You let them in so they are going claim that you gave them permisssion to search.

SsanB2 said:

California:Even if you had a bench warrant they cannot place you in custody if you dont let them in

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Wrong. Case law (at least in CA) says that your threshold (i.e. the doorway) is a public place for purposes of an arrest. I can nab you if there exists a warrant for your arrest. And, if there exists a warrant for your arrest that is endorsed for night service, I can generally enter to serve the warrant.

What? You think you can stand inside the door and waggle your fingers in your ears and go, "Nyah-nyah-nyah"?

You see The warrants for my arrest but not to enter and arrest me. No cop in his right mind would want to stop in the middle of his day to go find a judge let alone bother one at nite for a bench warrant. You let them in so they are going claim that you gave them permisssion to search.

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If the residence is NOT your residence, and you are not in my sight (or the warrant is not endorsed for night service) you woul dbe correct. However, if I have an arrest warrant for a felony or endorsed for night service, and I am at your known residence, I CAN come in and search for you.

In my county, all warrants are endorsed for night service ... it's really cool!

- Carl