police entry into home

[musheerah]

Jurisdiction

Georgia

The police came to my home looking for my son, my husbands son was in the house and after exiting the shower went to see who was at the door, they said they were the sheriff he asked what did they want. No response to the question after asking several times. He went upstairs while the sheriff remained outside my home for about thirty minutes. They then came back to the door broke in handcuffed my husbands son then commenced to search the home without permission. No warrant to search the home was produced. Do I have a case for illegal search?

 

[army judge]

The police came to my home looking for my son, my husbands son was in the house and after exiting the shower went to see who was at the door, they said they were the sheriff he asked what did they want. No response to the question after asking several times. He went upstairs while the sheriff remained outside my home for about thirty minutes. They then came back to the door broke in handcuffed my husbands son then commenced to search the home without permission. No warrant to search the home was produced. Do I have a case for illegal search?

Talk to a lawyer, disclose all the facts, you'll know your options.

I doubt it, but we don't know all the facts.

BTW, your son, and your husband's son (the one who suddenly descended from the shower) got handcuffed and hauled away, right?

The cops looked for weapons and dope, then took the man away, the man who you said wasn't home.

The not home trick rarely works these days, like the "nobody but us chickens, boss" retort from the '30s.

The search, incident to an arrest is perfectly legal, and the search after a parolee or probationer has been bagged, 100% legal.

You, after all, allowed the convicted criminal to be in your home.

Those darn cops get smarter everyday.
Makes me feel safer knowing they're protecting us honest citizens.

 

[adjusterjack]

The police came to my home looking for my son,

Does your son happen to be on probation?

 

[leslie82]

So was your son home or just your stepson? If they were there looking for your son they may have had a warrant. Did your son get arrested yet? Is he on probation? Why were they looking for him? Did your stepson get arrested or just handcuffed?

 

[Michael Wechsler]

As has been stated, we don't know all the facts. But this incident prompts even more questions. So if your son responds with the "nobody here except for us chickens" line that's one thing. But here the police received no response at all after confirming someone was in the house. No response followed in the negative like the chickens. Perhaps the police were in fear that a dangerous fugitive was holding your son hostage. Obviously I'm just giving a hypothetical situation but I agree wholeheartedly with @army judge . And the non-response along with the arrest makes it even less likely that you'll find a violation of law. Your son's criminal defense lawyer will certainly analyze the specific facts and circumstances to determine if there is some technical violation.