Illegal search and seizure

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graysea

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There is a situation in my town where the local sheriff, assissted by a Task Force officer, raided a home. They passed a canine through the home, however the dog did not hit on any area of the home. After two men from the home were carted off to jail, the sheriff showed a small bag of what he said was drugs to the other person in the house. The sheriff had gone through one of the men's pocket and took his money, put it in his own pocket, then gave a wad of money from his pocket to the T.F.O., who then put it in his pocket. The sheriff went outside, came back in with a paper with two photocopied twenties on it. He asked the T.F.O. for the money, and said that two of the man's twenties matched up. That was the reason he was taken to jail. The other man was taken before the sheriff brought out the little bag of whatever it was. Oh, by the way, the search warrant was in the name of a neighbor, with the neighbors' address.
Did the police have any right to be in the house?
 
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The answer depends on more details than you give. As far as I understand the search warrant was for a totally different house?

If there were no exigent circumstances or the home owner actually gave permission to search it sounds very much like this search was illegal.

Well, their defense lawyer will surely see to that.
 
Yes, that is correct. The search was intended for another house entirely. As the police came in, with guns in hand, they just started shouting, "everyone on the floor!" They only went through the one man's pockets, and left the other two people alone. As it turns out, the man that lives at the house did have a small history of, um, a home-based business, which the other occupant was unaware of. So he was evidently on a list the sheriff was going through, but the sheriff just barged in, and without a correct search warrant. And you are right, the defense lawyer is looking into that.
 
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