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SEARCH WARRANT QUESTION, PLEASE HELP

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S

STEEL1967

Guest
I AM FROM ALABAMA. I RECENTLY HAD THE POLICE COME TO MY HOUSE AND ARREST ME AFTER SEARCHING MY HOUSE. THEY FOUND SOME STEROIDS AND A CHEMICAL CALLED GBL. AT ANY RATE, I WAS NEVER SHOWN A SEARCH WARRANT BY THE POLICE NOR WAS MY WIFE. AND AFTER THE FACT, MY ATTORNEY CALLED THE COURTHOUSE WHERE THEY ARE SUPPOSED TO BE FILED AND THEY CAN NOT FIND RECORD OF ONE. I GUESS THAT DOES NOT MEAN THERE IS NOT ONE, BUT ME, NOR MY ATTORNEY CAN LOCATE IT AS OF YET AND IT HAS BEEN ALMOST 3 WEEKS. MY QUESTION IS THIS: ARE THEY REQUIRED TO SHOW THE WARRANT BEFORE THEY CAN EXECUTE IT AT MY RESIDENCE? IF NOT, SHOULD'NT IT BE EASY TO LOCATE THE RECORDED COPY WHEN MY ATTORNEY CALLED THE COURTHOUSE ABOUT IT? HOW DOES THIS LOOK TO YOU? IT SEEMS VERY FISHY TO ME AS WHEN MY ATTORNEY CALLED THE LEAD INVESTIGATOR AND ASKED ABOUT HE WARRANT, HE TOLD HIM THAT HE GAVE US A COPY WHEN IN FACT HE DID NOT AND I HAVE 2 PEOPLE THAT WITNESSED THIS FACT. ANY HELP IS APPRECIATED.
 


L

lawrat

Guest
Well, first of all, no disrespect, but please do not use all CAPS because it equates to shouting.

Second, did anyone give consent for them to enter? Giving consent to enter may open your house up to a plain view look, and then arrest based on the plain view.

In any case, if the police state there was a warrant and in fact, there was no warrant, then you have a wonderful way to get this dismissed. But, how do you go about finding this warrant? They would have been able to get you one within seconds if there was one. As such, I suggest you get your attorney to do his job, smooth talk the D.A. to have him dismiss or the D.A. will look awfully stupid bringing a case, attempting warrantless arrest without consent and without probable cause.

____________________________________________________________
I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.
 

escapade

Junior Member
bad warrant

My house was raided and they found guns,drugs and money.The only problem is the search warrant was dated for August 19 and they raided my house on july 19.Do i have any recourse?
 

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