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Old 01-23-2008, 02:05 PM   #1
CorruptCultureCorruptCulture is offline
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Thumbs down Apt just got raided/swept by four cops.

So I'm sitting upstairs on my computer studying for a test tomorrow and I hear a huge pounding on the door. I look out my window which is located directly above my front door and see 4 cops standing there and 1-2 others in the parking lot 30 feet away.

I rush my ass down there and open the door. Main cop walks in without asking or anything and the three others follow.

He asks if there's anyone else home and if I live there. I tell him I'm alone and I live there.

He tells me two of the policemen are going to look around. I tell them I don't want them too. Flat out... No.

At this point, I have no idea why there here. I am pretty sure I'm the only one being questioned at this point. All I can think of is the gigs of music and movies on my computer.

One cop looks around upstairs another downstairs with disregard to my wishes. As smart as I would have liked to have been I didn't really have anything to hide and this was my first encounter with the police like this so I didn't do anything.

It turns out that there was a truck parked in a spot right in front of my apt and they were looking for him. They found the owner in another apt and arrested him.

My question is, this was completely illegal wasn't it? They had no warrant. The couldn't search my house like that could they? Does the truck parked 20 feet from my front door change things? I never asked for a warrant... do I have to explicitly ask for one? I thought saying no was enough. Are they allowed to just walk in my house?

**Edit** and I did mean smart. I had no desire to be witty or sarcastic. I just wanted to know what the smart thing was to do.
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Old 01-23-2008, 04:56 PM   #2
VettezukiVettezuki is offline
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Quote:
Originally Posted by CorruptCulture
. . .
I had no desire to be witty or sarcastic. I just wanted to know what the smart thing was to do.

I'm not absolutely 100% sure, but I believe this was an actual violation of your Constitutional rights, no joke.

“ The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

http://en.wikipedia.org/wiki/Fourth_...s_Constitution

The question is one of probable cause. I do no think having a questionable vehicle parked in front of your Apt. really constitutes probable cause.

I'm a big fan of the Police chasing down actual bad guys, but I'm not fond of a Police State. As you describe it, you may want to file a formal complaint against the officers (did you get their names?) with their department. Probably won't accomplish much, but should become part of their record. They acted with disregard and indifference to your private property.
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Old 01-24-2008, 05:22 PM   #3
enkeivetteenkeivette is offline
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If you didn't actually invite them in, then it was illegal. Not only can you sue sue the police dept but you can also sue the cops personally if you want to. Talk with a lawyer about this, you might be able to cash in or get some hush money. But then again, the cops may try and create problems for you if you do.
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Old 01-31-2008, 01:23 PM   #4
Death Cult AaronmageddonDeath Cult Aaronmageddon is offline
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Cool Probably not illigal

All though you do you have a constitutional right to protection from illegal search and seizure. I believe this instance falls into a gray area. The police weren't searching your premises for any thing pertaining to you. They were however looking for a person. If that person had, for instance, just committed a violent crime, they have the right to follow him wherever he may go. You could of had a bong on your coffee table and they would have walked right by it. Where they went wrong was not telling you why they were searching your apt. It does however suck and I'm sure didn't help your studying.
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