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possible Illegal search and seizure?

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Skidmark13

Guest
Here in Kentucky, yeah, Lets say I've got a friend who awoke one morning to a knock at his door by the ATF, who at the time was naked and only wrapped in a blanket, they wanted to question him about a fire, and had asked him if he had a crowbar in his trunk, he replied no, and then they asked if they could search his car, he said no because he didn't know where his keys were and that he didn't want them looking in his car anyways, they then asked him what he had in there that he did not want them to see and he replied out of fear and possibly because he was naked under a blanket " you might find a marijuana seed ", and then the ATF replied well we're gonna get a warrant and search your car, he then asked them to leave until they could provide a search warrant, several minutes later he viewed from his window the That the ATF had already started going through his car several hours before they finally provided an affidavit for a search warrant, but instead of providing the affidavit to the owner of the car, they provided it to his little 12 year old brother who was also at the home, and when his little brother went outside to check the mail (also before they had provided the affidavit) while they were searching an ATF agent said to him, " stay away from the car, that's a good way to get shot" . My question is, is there anything that the ATF had done wrong and would constitute this as an illegal search and seizure, so any evidence they had found would be useless in a court of Kentucky? And the car was parked the whole time at the home of the suspect. Please let me know. thanks.
 


M

Mike101

Guest
If the ATF started their search before they had a warrant issued then it is an illegal search. Need to nail the times down a little more. If they started the search before the warrant was issued all of the other things that were said and done do not matter. Make sure you tell your attorney all of this.
 

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