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Illegal search? violated 4th amendment? Arrest, Search, Seizure, Warrant

Discussion in 'Criminal Procedure, Criminal Court' started by Redrock, Nov 22, 2003.

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  1. Redrock

    Redrock Law Topic Starter New Member

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    My son-in-law recently had a criminal felony warrant issued for his arrest. It was related to an unfounded domestic allegation and not a violent crime. In the meantime, he has not been arrested. His wife, my daughter and three small grandchildren had to move in with me and my wife until this thing is cleared up. Tonite while I was eating dinner, two deputies from the county sheriff's office knocked on my door. I answered the door and they asked if I was my son in law, and I said "no", identified myself and told them to check the assessor's office if they did not believe this was my home. They then asked to search my home (they were standing on the front porch and I was just inside the door talking to them). I asked them if they had a warrant. They replied "yes" and I asked to see it. They said they had it. I asked to see it and read it and asked if this wasn't my right to search and seizure? They said they didn't need one. I asked, "when did they change the constitution?" They were getting angrier and asked me to step outside that they were getting ready to arrest me for obstruction of justice and they had their hand on their pistols, unsnapped and thumbs on the trigger. At this point, I figured this could get ugly and with everything going on, I didn't need that so I said I would escort them through the house. I took them through the house and they saw that I was not harboring a fugitive from justice. I was eating dinner, the grand kids were in bed and we were cleaning house. Satisfied they were ready to leave. In the meantime, my wife had grabbed the tape recorder and I asked one of the deputies, "Do you really not need to have a warrant to search a house?" He replied (and I recorded him), "Nah, I was just bluffing."

    They burning question is, "have my rights been violated, what should I do?" Your help and prayers are appreciated. -Granddad

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