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Did officer have enough probable cause to barge into my home? and is that enough probable cause to obtain a search warrant?
Anonymous3 views3 answers
a police officer said " he saw my boyfriend sell narcotics to some one in front of my duplex. They barged into my home, asked who live here and ordered I step outside. They explain this is a narcotic investigation and refuse me entry into my home. Then demanded my sister n law and 2 children out of the house. The officer went inside for about 10 minutes. then told me they where getting a search warrant. Search warrant was granted using trickery. They included an arrest that had nothing to do with my boyfriend or my home but was made in my area? Along with the date they supposedly observed my boyfriend selling narcotics on the. I have every file concerning this case. Please help! I addressed this with public defender but he said "don't worry they can't use that against him!
Courtney MontieroCriminal Defense AttorneyMiami Beach, FL ·
I can't tell from your question whether anything was found during the search but I'm assuming the found narcotics. It sounds like a motion to suppress could be filed based on the initial entry and the warrant itself as not supported by probable cause. Officers can enter a house without a warrant based on exigent circumstances (destruction of evidence) but it doesn't sound like they found anything the first time.
James F. Feuerstein IIIBankruptcy AttorneyTavares, FL ·
If you are not satisfied with the services of your public defender, you can hire a private attorney to review the search warrant and supporting affidavits to see if there are grounds to file a motion to suppress the evidence seized pursuant to the search warrant.
You can find highly rated criminal defense attorneys in your area using the Find a Lawyer tool on .
From the information you are providing is difficult to assess whether the officer had probable cause, however since your boyfriend already has the services of an attorney, I suggest he talk to him and inquire about all the issues that bother him; obviously his attorney is in the best position to give him an answer. However, if your boyfriend is not satisfied with his attorney, then he should consider spending some money and hiring private counsel.
