Drug Crimes, Substance Abuse Search, no consent

Arrest warrant issued for drug conspiracy. When arrest was made individual was outside, in the yard of his residence along with 2 other acquaintances. Individual dropped to his knees and hands behind his head. Never gave permission for them to enter residence. Affidavit states they were given permission by the person living there (the person they were arresting). They were never given permission. At that time, they were already in residence. Not one person outside of law enforcement was inside. The probable cause given for search warrant (issued 4 hours after they entered residence) was paraphernalia in plain sight once they illegally entered . Is it hard to prove that they were not given permission in the first place, prior to obtaining warrant? Why would someone give consent to enter, knowing there is a large quantity of drugs inside (in a locked box, not in plain sight). What is the probability of this constituting a legal search?

Leonora said:

Affidavit states they were given permission by the person living there (the person they were arresting).

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This is something that would have to be resolved later by the court.
At my agency we carry a form and have the person sign it when getting permission to search. It informs them there is no warrant and they have a right to refuse. That makes it tough issue to argue.

In your case you will need good legal counsel to present the court with a good enough argument to restrict the evidence found. Police can not reasonably ask for permission to search after making entry, nor can they reasonably claim plain view.

Their arrest warrant does not allow them into the house other than to make the arrest. If the arrest is made outside then the house should have been off limits.

Leonora said:

Arrest warrant issued for drug conspiracy. When arrest was made individual was outside, in the yard of his residence along with 2 other acquaintances. Individual dropped to his knees and hands behind his head. Never gave permission for them to enter residence. Affidavit states they were given permission by the person living there (the person they were arresting). They were never given permission. At that time, they were already in residence. Not one person outside of law enforcement was inside. The probable cause given for search warrant (issued 4 hours after they entered residence) was paraphernalia in plain sight once they illegally entered . Is it hard to prove that they were not given permission in the first place, prior to obtaining warrant? Why would someone give consent to enter, knowing there is a large quantity of drugs inside (in a locked box, not in plain sight). What is the probability of this constituting a legal search?

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Is this your criminal case? If so, do you have an attorney? If this isn't your case, why on earth are you posting about someone else's criminal matter on the internet??

Leonora said:

Arrest warrant issued for drug conspiracy. When arrest was made individual was outside, in the yard of his residence along with 2 other acquaintances. Individual dropped to his knees and hands behind his head. Never gave permission for them to enter residence. Affidavit states they were given permission by the person living there (the person they were arresting). They were never given permission.

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You seem to have left out part of this story.

First, you told us that an arrest warrant was issued. That warrant was necessarily based on an affidavit. You then tell us that the affidavit states that no permission was given to enter the residence. However, (a) an arrest warrant would almost certainly allow the arresting officer to enter the suspect's residence, and (b) you told us that the arrest was made in the suspect's yard. So...what are you getting at?

Leonora said:

The probable cause given for search warrant (issued 4 hours after they entered residence) was paraphernalia in plain sight once they illegally entered .

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Huh? Again, the affidavit for the search warrant would have to have been submitted before the warrant was issued and could not be based on events that occurred after the arrest.

Leonora said:

Is it hard to prove that they were not given permission in the first place, prior to obtaining warrant?

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Your post is way to confusing for anyone to comment intelligently about the difficulty one might have proving something. That said, proving a negative is often quite difficult.

Leonora said:

What is the probability of this constituting a legal search?

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89.23%

Seriously, no one here could possibly know.

You didn't say who you are in this story, but the person who was arrested and, if different, the owner of the home, needs to be speaking with a criminal defense attorney.

Leonora said:

Is it hard to prove that they were not given permission in the first place, prior to obtaining warrant?

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Yes, very hard, because several commissioned law enforcement agents/officers will testify under oath as to how the permission was obtained, by whom, and name those present during the encounter.

Leonora said:

Why would someone give consent to enter, knowing there is a large quantity of drugs inside (in a locked box, not in plain sight). What is the probability of this constituting a legal search?

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Why would anyone violate any of their laws, especially their drug laws, knowing the harsh penalties dealt out by their justice system if one gets convicted of breaking their laws????

That said, no one can explain the actions and behaviors of others.

No one can intelligently comment about the search you endured being legal or illegal, EXCEPT the judge officiating the trial of those accused.

I suggest you use your RIGHTS to remain silent and retain a criminal defense attorney, or ask the court to appoint a public defender to represent your interests.

Until you have a lawyer, I suggest you say NOTHING about this encounter to anyone, except the lawyer who eventually represents YOU!!!!!!!