Arrest, Search, Seizure, Warrant Search Warrent For Home

[wwgreenleaf]

any input would be helpful.
My wife and I were renting a home a little under a year ago when our land lords mother decided to pay an un-expected visit.She and her husband decided it would be fine if they just let themselves in to have a look around(they thought no one was home)as it turns out some one was home(me).
As I heard some one entering the home I locked myself in the bedroom.As I heard them speaking in the living room area I imeadietly knew who it was.I climbed out the bed room window to get a better look and confirm who was actually in the house.As it turned out I was correct.They spent a good 45 min.going from room to room and digging through our personal belongings then left.Later when my wife returned home from work and I filled her in on what had happened she did not feel safe or comfotable staying in the house and we went to stay with with some friends for a few days.2 days later we went back to the house to pick up some personal effects clothing and such and found our copy of the search warrent stating that the police had probible cause to search the home for drugs,money,weapons,ect...It stated that they found what could (possibly)be marjuana grow room and (possibly)some marijuana leaves.The police also left a list of siezed items including grow lights,growing containers,and some books about the growing marijuana.There were also many other items missing at this point that were not catalogged.Needless to say we never returned to the home again.We found another place to live and have been going on with our lives normaly even though we left all of our worldly possesions behind.We felt it would be better to start over than to retrive our property.Here we are 9 months later and we were arrested for a misdemenor possesion of marijuana.My question is this,how is it probable cause when a criminal breaks into your home and calls the police.I don't see how this search was valid,because if that is the case then people would be making random accusations at any one they wanted to give a hard time.We also have a signed statement from a witness that the landlords mother and husband intended to enter the home again without any one aroud and their intention to bring other perfect strangers with them into the home.We also have another witness(the nieghbor)who seen them first hand taking our pesonal possesions such as a pool table,computers,ect...and burning our furniture and personal paperwork that they did not want to keep for themselves.Any feedback would be a great help.

 

[jacksgal]

Your assuming the two events related. You dont know that. Whatever happened a Judge saw it enough to issue the search warrant. You can contact, and should, a Lawyer

 

[raskalnikov]

I think the events are likely to be related, that is, the search warrant and the landlord's mother visiting. I am curious as to why you didn't confront your landlord?

Is it my understanding you just left, no note, and 9 months have now passed? Did the landlord try to contact you?

This all seems quite strange to me. . .

 

[raskalnikov]

I forgot.

This case is very confusing. I would assume the landlord would argue that her mother was working for her, and under the terms of your lease could make periodic check-ups to see if everything is ok and not damaged. Please provide more information.

 

[jacksgal]

Rask has it occured to you they were involved in illegal actvities and knew they were busted!? Hence why they left with all belongings still there and made no attempt to retrieve items? Sure tehy are scarted but not for reason stated. Landlord entering home posed no threat just envasion of privacy and unlawful entry. These assumptions, yes there are my assumptions, are based on OP's post. Your right Rask nothing makes sense unless you see it as I am currently. Then the picture appears clearer

 

[raskalnikov]

nothing makes sense unless you see it as I am

This is true of all things.

 

[CdwJava]

As I heard some one entering the home I locked myself in the bedroom.As I heard them speaking in the living room area I imeadietly knew who it was.I climbed out the bed room window to get a better look and confirm who was actually in the house.

Why didn't you confront them and ask them to leave? Was there some reason you were not supposed to be there? Were you caught up on rent? Had you been given notice to pay or quit? Had you been evicted?

2 days later we went back to the house to pick up some personal effects clothing and such and found our copy of the search warrent stating that the police had probible cause to search the home for drugs,money,weapons,ect...It stated that they found what could (possibly)be marjuana grow room and (possibly)some marijuana leaves.

Oops. Had it been a "marijuana grow room"?

The police also left a list of siezed items including grow lights,growing containers,and some books about the growing marijuana.

Okay - I guess that answers that question.

We felt it would be better to start over than to retrive our property.

In other words, you preferred to stay away from the police and under the radar.

My question is this,how is it probable cause when a criminal breaks into your home and calls the police.I don't see how this search was valid,because if that is the case then people would be making random accusations at any one they wanted to give a hard time.

When you go to trial, your attorney can argue that the evidence was tainted due to the allegedly unlawful entry of the landlord's mother. However, the police likely acted in good faith and obtained a search warrant based upon some information presented to them - whether it came from the mother or not, who knows? Your attorney is free to raise reasonable doubt by arguing that others had access to the house, could have planted evidence, etc. I doubt it will sway a jury, but why not give it a whirl?

Your indignation would be a tad more believable had you called the cops when the mother entered your home in what you now contend was trespassing. But, since you snuck out then moved, it sort of taints any such claim of righteous indignation ... one has to ask, 'What did you have to hide?'

We also have a signed statement from a witness that the landlords mother and husband intended to enter the home again without any one aroud and their intention to bring other perfect strangers with them into the home.

Great. Bring that witness to court so he or she can be cross examined. The context of the conversation would be important. Plus, the legal situation in your state is also important. It may be that they had every legal right to bring prospective future tenants through, we don't know. But, again, your attorney is free to argue that anyone could have planted all those expensive grow lights and such just to get you in trouble.

We also have another witness(the nieghbor)who seen them first hand taking our pesonal possesions such as a pool table,computers,ect...and burning our furniture and personal paperwork that they did not want to keep for themselves.Any feedback would be a great help.

If you had already abandoned the property, that may have been legal to do in your state. if not, then you can sue them for the damages or see if the police will pursue them for vandalism.


- Carl