Arrest, Search, Seizure, Warrant Unlawful search

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duder75

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On Monday night, police came to my house about a noise complaint. They are at my house quite often, as we have neighbors who call them about anything and everything that goes on at our house. This time, I went outside to talk to the cops, and they informed me that I could not go back inside because they were securing a search warrant. They said they had seen a meth lab in the house, which is absolutely untrue, and nobody at the house is a drug user.
After a humiliating three and a half hours standing on the sidewalk, an officer pulled up with a "search warrant." The warrant (I have a copy) has no address, no names, no list of items believed to be in the house, no list of places to look for them, and no statement of probable cause to believe that there wwas any reason to enter my home. When I started asking questions about it, I was placed under arrest without them being able to tell me what the charges were. All that they would tell me is that it was narcotics related and that investigators would be talking to me at the station.
When I got to the station, they told me that I was being charged with misdemeanor possession of drug paraphernalia. They let me out at three in the morning, no investigators ever talked to me. When I got home, the front door was unlocked and there was a yellow search warrant property form with "0 items taken" written across it.
They had taken a generator out of my garage, one that i had legally traded for a car that I was selling. Today (Friday) I got a call at work, the cops asking me all kinds of questions about the generator. They informed me that it was stolen and that they were arresting my brother for it. He lives with me, and was arrested with me too, it just seemed easier to write up as only me. He's in jail now, he has another old charge for vandalism that has a maximum fine of 1000 dollars, on which his bail is set for $50,000, and the charge for recieving stolen property with a $20,000 bail.
This whole thing seems like a major violation of our rights, I just dont know what, if anything, can be done about it. If anyone has any advice, it would be greatly appreciated.

Thank You,
Dave
 
If what you are saying is true, call an attorney. I am sure there is a civil rights attorney who would love to take your case. A blank search warrant alone is enough for him to consider a contingency case let alone the unlawful imprisonment of your brother if there is no evidence. To be honest, it seems that there is a lot of information I'm missing because for the most part I don't find law enforcement to be this incredibly stupid but hey... it could happen and people's rights have been known to have been trampled upon.
 
It is very hard to believe that anybody could do anything so stupid as the police are in this case, since the police would have been much better off just unlawfully searching my house without the blank warrant, but these cops are in a whole different league. Like I said, I have the warrant, and it's blank. There's alot more to the story, as well, but space was limited. At this point, I'm really afraid of being arrested as well. I talked to my brother a while ago, he told me that while he was in the back of car on the way to the police station, he asked the officer for a copy of the warrant. The officer told him that he had all the information he needs about that search warrant, and that he was planning to arrest me for the generator. This same officer was at my house on 9/19 and he personally ran the serial numbers off of this exact same generator, and it came back clean. I've had it for almost a year, and I know it's not stolen. The police are at my house several times a week and never find anything to even threaten to arrest me for. I'm afraid to even go home. A neighbor across the street from us has told all of the neighborhood kids that we are drug dealers, and we honestly don't do drugs. She calls the police about anything and everything that goes on at our house. I can't work on my car in my own driveway without the cops showing up, I have to tell all my friends that they had better not come to my house, because I don't want them getting hassled by the police for being there. I tell the police that it's my neighbor harassing me, and they threaten to take me to jail. My record is absolutely clean, they have no reason to believe I'm a criminal, and I'm not involved in any criminal activity whatsoever. I'm sure I'm not the only one that they do this to, either. Take my advice, don't move to Ontario, CA. It's a horrible place to live.
 
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