Arrest, Search, Seizure, Warrant Forced entry

[shaunaan]

someone obtained a search warrant to search our commercial property. The person who obtained the warrant brought the State Police with them so they could make sure nothing happened to them during the service and search. There was no one home or around to accept the service of the warrant. My question is.... Can State Police use forced entry into a business to allow access for the other person to search when the State police are not part of the warrant????

 

[army judge]

Who was the other person?

How do you know this to be true?

Have you spoken to the state police about this?


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[jharris352]

Individuals can not obtain a search warrant. Law enforcement can. Something doesn't make sense about your post.

 

[mightymoose]

This is not right at all.
You need to find out if there was a warrant at all.
Who was the person that made entry? Was this the owner/landlord?

 

[shaunaan]

We have a licensed kennel through Dept. of Ag since 1978.... The Dept of Ag. denied our application for license for year 2010. Under Dept. of Ag law, while we are in appeal process for license, the Inspectors can still inspect kennel. When the inspectors came to inspect our attorney told them to leave until appeal is heard through the board of appeals in Dept. of Ag. so the inspectors left. They came back next day at 4:15pm with warrant to inspect kennel along with State Police to make sure we didn't give them any trouble. The store hours were from 9:00am - 3:30pm so no one was around at all. The State Police kicked in the door to allow access to the inspectors. The Police were not a party to the warrant and I know that the inspectors (by their own law) are not allowed to use forceful entry. If no one was around to allow access, they had to post warrant giving us 3 days to allow access. The Police left at 4:45pm arriving and Inspectors left at 9:30pm. (according to the neighbor) No one secured the business before leaving. They left the door completely trashed and unclosable whicjh left the business completely open to the world for anyone or anything. There were puppies and dogs in there not to mention someone put newspaper on top of the propane furnace. The furnace and thermostate is less than 3 feet from the door and with door open, cold air was coming in making furnace continuously running. When the night employee came in at 10:00pm found door busted in, newspaper smoldering on top of furnace and no copy of warrant or any paper stating what happened. I did not get a copy of warrant until 2 days later. So again, my question is... Did the State Police have the right to use forceful entry, not secure the business, and not post anything stating they kicked in the door??????

 

[army judge]

So again, my question is... Did the State Police have the right to use forceful entry, not secure the business, and not post anything stating they kicked in the door??????

I'd have to read the warrant to know what it directed law enforcement to do, but I'm sure it didn't permit them to KICK your door in and enter your premises.

You appear to have a good case against someone.

I am not sure, just who you could go after.

That is where an attorney would be useful.

You don't know the state police were even involved.

The inspectors might have done this alone.

Either way, you have an excellent case against someone!

Speak to a lawyer, ASAP.

The initial, consult is usually free.

Take everything you can, to document your case.

If you have pictures, great!

A statement from your night employee, or his/her attendance at the meeting would be helpful.

Any other communication between the state inspectors and your company, would also be helpful.

Bottom line, someone is on the hook for some BIG BUCK$ to you and your business!

Your rights and your business were trashed and trampled.

The ones hired to protect dogs, left them in jeopardy.

I hope you have some veterinarian bills for animal care after the unlawful INVASIOIN!!!

 

[shaunaan]

Thank you so much for your input. I really appreciate taking the time for me.

 

[army judge]

This websites might allow you to search for the warrant that was allegedly lodged against you.

http://pennsylvania.staterecords.org/?uid=countyw&TID=Pennsylvanianet

http://countywarrants.com/Pennsylvania_Warrants.html

A Search Warrant in PA must contain:

Rule 205. Contents of Search Warrant.

Each search warrant shall be signed by the issuing authority and shall:

(1) specify the date and time of issuance;

(2) identify specifically the property to be seized;

(3) name or describe with particularity the person or place to be searched;

(4) direct that the search be executed either;

(a) within a specified period of time, not to exceed 2 days from the time of issuance, or;

(b) when the warrant is issued for a prospective event, only after the specified event has occurred;

(5) direct that the warrant be served in the daytime unless otherwise authorized on the warrant, provided that, for purposes of the rules of Chapter 200. Part A, the term ''daytime'' shall be used to mean the hours of 6 a.m. to 10 p.m.;

(6) designate by title the judicial officer to whom the warrant shall be returned;

(7) certify that the issuing authority has found probable cause based upon the facts sworn to or affirmed before the issuing authority by written affidavit(s) attached to the warrant; and

(8) when applicable, certify on the face of the warrant that for good cause shown the affidavit(s) is sealed pursuant to Rule 211 and state the length of time the affidavit(s) will be sealed.