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A Questionable search that ended in an arrest.

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We rented a room to a kid who said he wanted to change his life. I am a felon, but not on parole since 2007. No trouble since 2007. One day the police came to our home and said they had a search warrant. Demanded entree. Actually took me and girlfiend outside at gunpoint. We asked to see the warrant repeatedly but were just told to shut up. They wouldnt answer any qustions. What they were looking for, who was on the warrant, etc. Inside the kid's room they found shotgun shells and a small amount of dope. He was not home. They arrested ME for possesion of these things! Now we are in court and STILL have not seen the warrant. My lawyer has requested it, but nothing. Not in Discovery Pack. Two questions.....Do they have to show or give copy of the warrant? If no warrant, case dismissed?

7 Attorney Answers

I'm guessing you are the same person that asked about the sword and knives. Your attorney knows much more than any attorney in this forum. If the police had a warrant I'm sure you would have it. Just because they didn't have a warrant doesn't mean it was an unlawful search, but maybe it was. If the kid was on probation/parole you may have problems. Ask your lawyer.
You have an attorney. He's the best person to ask about this.
Your lawyer is in the best position to answer your questions about your case. The case will not automatically be dismissed if there's no warrant. Your lawyer will need to litigate a motion to suppress evidence. Speak to your lawyer.
If they had a warrant, there is no requirement that they show it at the time of the search. Some officers will show a face page just to stop any issues, but they're not required to.
Your lawyer should be able to get a copy of the warrant from the clerk's office if they can't get it from the prosecutor.
And all of this assumes that there really is a warrant and it wasn't a probation search.
Bummer man. You got an attorney and you're asking attorneys who have less knowledge about your situation. That's not going to help you one iota. If no warrant case dismissed? May be then again may be not because under Rehnquest there's tons of exceptions to a warrantless search. Talk to your attorney.
With the use of telephonic warrants, officers searching a residence may not have copies of the warrants on them when searching a residence. We do not have enough information to determine if the case will be dismissed without a warrant.. The warrant and the affidavit supporting the warrant should be filed in the clerk's office within ten days of the search unless it has been sealed.
Wow, fishy indeed. Your attorney is on notice of the issue, and I am sure he/she will file the appropriate motions to litigate the issue. In the mean time, gather the supporting evidence for your case. Rent checks paid to you, the kid's name/number, etc. This sounds like a STRONG suppression motion, but I'd be lying if I tell you judges don't sometimes deny meritorious motions we file.
-Thomas

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