Arrest, Search, Seizure, Warrant illegal search & seizure

[dirtycops]

My boyfriend had two court dates on the same day, but couldn't make it to both (lawyer at the time said he took care of it) turns out he has a failure to appear warrent. ok. The problem is this: He was getting ready to pull out the yard and the cops pulled in behind him. They said they smelt weed in the car so they searched it. NOTHING WAS FOUND! Then they said we know you got some dope in the house, let us search the house. He refused. Well they took him to jail on the warrant, but on the way to the jail some cops that were still at the house radioed the other car he was in, and asked which key on his key chain opens the front door. (he didn't have a key he looses it quite often) Anyway they got in the house(No one was home, and it was his mothers house, not his) They searched the house, and found a half oz of cocaine, some scales, and 60 zanaxes. He was charged and given a $50,000 bond. Is this legal? He was not even in the house what right did they have? Please expalin, cause if its right its right, but if its not this is not fare!!!!!!!! We don't know how they got in the house. The failure to appear is in Hope Arkansas, and they arrested him in Texarkana Ar. Please Reply! I need a proffessional opinion!! THANK YOU SO MUCH!!!!!

After they found the items they went and got a search warrant the had 2002 date on it (scratched it out and put 2004 in pen) WHAT IS THAT?? No it was not visible from the outside. They did not have a warrant when they first came are they would have should it, should have showed it!!!! They would not have asked to come in either, they would have just kicked the door in. Latest: He just spoke with hope county, they said that no one ever informed them of the court date in TX, so they did not know. So his probation officer (for child support) said she would contact them and let them know, so that can be lifted. So now what are they working with? Is the situation getting better? Who knows??????

 

[Scrub]

What state and county do you live in?

 

[Rathi]

Dang... Wish that woulda been layin' around my mothers house when I was growin' up... She woulda gotten much more work from me...

Anyway, searching of the vehicle, I don't think you could pin them on any wrongdoin'. They can use anything to have permission to search a vehicle. The house... Hmmmmm Sounds kinda funny there for some reason. You don't give a lot of details, but since he was charged with failure to appear, I guess he may know the police force there?? Or they know him???

I'm not a lawyer at all, so pay little mind to me, but If he was residing with his mother, that's his residence. I don't think they could search the home, based on the reasoning that he didn't have drugs in the car... lol

You certainly should have some kinda reasoning to have the case under investigation. It's very strange that they really, committed b&e themselves, if you say they had no key, but got in the home regardless. If there was no SW issued, with the details provided, I can't see why they would have reasonable suspicion to search the home.

 

[Lost]

They can only enter the home if:
1. they possess a search warrant based on probable cause (as determined by a judge)
2. exigent circumstances exist that justify entry... it doesn't sound like there was an emergency type situation that justified entry so this option is out the window..

oh.. of course there are the typical good faith exceptions but I don't think those apply here either.

If any of this stuff was visible from a front window then they may have been able to justify entering based on plain view but I'm not to sure on this one. Was any of this stuff visible to the outside via a window or glass door?

Basically you need to find out if they had a search warrant.

I should mention that I am not a lawyer or even a law student as of yet.. I do feel confident in my response though but as always I could be wrong or I could be overlooking something.