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Need advice on my situation Other Criminal Charges & Offenses

Discussion in 'Criminal Charges' started by mrem14, Mar 20, 2017.

  1. mrem14

    mrem14 Law Topic Starter Guest

    so here is the story...

    i live with 2 friends, im going to use names so its not confusing, rob and tom. We are renting my parents house. Yesterday morning a friend who we do not live with, roger, accidentally shot rob and himself with robs gun while looking at it. Rob does have a carry permit and the gun was registered. After the shooting rob and roger drove to the hospital rather than wait for EMT. tom was present when the shooting happened but i was not, so after tom called me i drove to my house. Considering rob and roger (the 2 who were injured) were on their way to the hospital i didnt see a reason to call 911, so me and tom cleaned the blood. We both had work and my dog was at the vet, so we left the house. However, the police did come to my house and forced entry into the house which is all recorded on camera. Had i known the police would show up i wouldve stayed at the house. Regardless, i go home to talk to the cop while tom is at work and roger and rob are at the hospital. She asks the normal questions and asks to go inside, i said no because they were already inside the house and i gave my keys to tom because he gave his keys to roger (his wallet/phone and back pack were in my house). After her trying to get in i tell her i am going to try to get inside to get my dogs food/toys etc. She tells me i am not allowed to go into the house because they are getting a search warrant. So here i am, not even related to the accident and unable to go in my own house. So i wait for 3 hours till tom gets out of work to get the keys to let the cop in (thinking this would be much faster than waiting for the warrant). The cop gets the keys, unlocks the front door, keeps the keys and says we arent allowed in and still have to wait for a warrant. So me and tom sit outside the house waiting over 5 more hours for the warrant. Warrant finally shows up for search of the whole house, with the following items listed; blood, prints, ammunition/projectiles, marijuana and packaging materials. Apparently during the sweep where the cops forced entry in the morning there was a Xanax and a scale in Toms room in a draw. Also, the charge was assault first degree, but when i talked to rob and roger they said they had no charges against them and as of this morning they still do not. So after the search warrant is done we go inside to the house being completely normal besides toms room. Every other room looked as though we went out for an hour (even robs room, the owner of the gun). Toms room was upside down, bed broken, stuff in the closest ripped out, dresser drawers on the floor etc. My room was untouched, i had 2 xanax in my desk draw that they didnt find even though it was in plain sight if opened. They took $3000, a $10 bag of weed and the one xanax out of toms room, along with a couple bongs, papers, scale etc. I guess you can say im asking, was all of this legal? were my or my roomates rights violated?

    please reply
  2. army judge

    army judge Super Moderator

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    If the rights of others WERE violated, they must pursue any claims.
    As far as your rights being violated, not yet.
    However, what's going on in that house is going to continue to until more trouble is caused, maybe even death.
    Illegal drugs ALWAYS cause issues, many times people die or are killed.

    It might be time for YOU to reevaluate your life.

    Otherwise, the police did everything by the book, as far as I can detail.
    The search warrant made it all nice, tidy, and legal.

    Good luck.
  3. mightymoose

    mightymoose Well-Known Member

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    I have concerns about the initial entry into the house. Absent some exigent circumstances I don't see the justification for the initial forced entry which ultimately produced the information for the warrant.
    You will get the best assessment of the situation if you visit a local criminal defense attorney.
    You apparently are not charged with a crime, but you are a resident and your property was apparently searched, so I'd say you have standing to go to the next step, if in fact there is a next step to take.
    Your friends will want to pursue the same argument in their defense.

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