Home Search Warrant, something's strange

[Jfredin]

A search warrant was issued for my friends home looking for stolen property. My friend wasn't home and the police detained his brother and sister down the street, (they live next door) and searched the house. (We live in Missouri) My friend is on probation, the warrant wasn't necessary. All they needed was his PO and him present to search.. Is what they did illegal search and seizure?

 

[quincy]

A search warrant was issued for my friends home looking for stolen property. My friend wasn't home and the police detained his brother and sister down the street, (they live next door) and searched the house. (We live in Missouri) My friend is on probation, the warrant wasn't necessary. All they needed was his PO and him present to search.. Is what they did illegal search and seizure?

If the police had a search warrant, the police could conduct a search.

 

[CdwJava]

A search warrant was issued for my friends home looking for stolen property. My friend wasn't home and the police detained his brother and sister down the street, (they live next door) and searched the house. (We live in Missouri) My friend is on probation, the warrant wasn't necessary. All they needed was his PO and him present to search.. Is what they did illegal search and seizure?

If they had a search warrant, then the presumption is that the search was lawful. Even when someone is on Probation, if there is probable cause to seek a search warrant, it is generally advisable to GET a search warrant as it makes things cleaner.

Did they find any stolen property or other contraband?

 

[Jfredin]

No. And my friend has tried calling the detective listed on the warrant and has not received a call back. They have not questioned him either. He was mostly concerned that they conducted the search without him being home. Oh they didntake the hard drive out of his security system.

 

[quincy]

No. And my friend has tried calling the detective listed on the warrant and has not received a call back. They have not questioned him either. He was mostly concerned that they conducted the search without him being home. Oh they didntake the hard drive out of his security system.

Was a copy of the warrant left in the home? What were the limits on the search?

The probation officer can get any details of the search or your friend can speak to an attorney in his area if he thinks there was something "strange" about the search that might have infringed on his rights.

Nothing you are saying sticks out as especially strange, though.

 

[Jfredin]

I was mistaken. They found several marijuana pipe in a tool box in the garage. I do know he has passed all his ua's since I have known him. He says he honestly forgot they were there. 😏 Which changes my question. Is it legal to search without the home owner/ occupant present? And would the possible drug charge be a new case or a probation violation?

 

[quincy]

I was mistaken. They found several marijuana pipe in a tool box in the garage. I do know he has passed all his ua's since I have known him. He says he honestly forgot they were there. 😏 Which changes my question. Is it legal to search without the home owner/ occupant present? And would the possible drug charge be a new case or a probation violation?

Yes, to question one.

Possibly, to question two (both parts).

 

[CdwJava]

No. And my friend has tried calling the detective listed on the warrant and has not received a call back. They have not questioned him either. He was mostly concerned that they conducted the search without him being home. Oh they didntake the hard drive out of his security system.

Okay.

Understand that no one is required to talk to him. The law likely only requires they leave a copy of the warrant and a receipt/inventory of the property taken.

 

[CdwJava]

I was mistaken. They found several marijuana pipe in a tool box in the garage. I do know he has passed all his ua's since I have known him. He says he honestly forgot they were there. 😏 Which changes my question. Is it legal to search without the home owner/ occupant present? And would the possible drug charge be a new case or a probation violation?

Yes. A search warrant can be conducted without the resident at home. Heck, in many states (most??) a probation search can also be conducted without the probationer at home.

And, yes, it is possible that the marijuana could be used as a new charge. Or, it might be used as a violation. Or, it might not be charged or utilized in any way. We can't possibly know.

 

[HighwayMan]

Your "friend" (who seems to know what happened better then you do) should be dealing with his own legal issues.

 

[Indiana Filer]

I was mistaken. They found several marijuana pipe in a tool box in the garage. I do know he has passed all his ua's since I have known him. He says he honestly forgot they were there. 😏 Which changes my question. Is it legal to search without the home owner/ occupant present? And would the possible drug charge be a new case or a probation violation?

If I were his probation officer, I'd be filing a Petition to Revoke Probation, and requesting an arrest warrant.