QUESTION
The police entered my house with a search warrent looking for drugs and found nothing. Don't they have to have a reason other then
Asked on Feb 21st, 2015 on Civil Rights - New Jersey
More details to this question:
The police entered my house with a search warrent looking for drugs. Don't they have to have a reason other then me throwing out my daughters ex- boyfriend who I caught selling drugs around my house and told him to never come back to my house. I threw him out and went to the police myself about him. Neither me nor my wife have a record, I'm 50 years old and probably the last speeding ticket I received was over ten years ago. A few months ago they arrested my daughter and her ex-boyfriend with less then 50 grams of pot and he had some other drugs on him...not sure what they were but has nothing to do with me. He wanted her to take the blame for that so he could get off so I feel this is his way of getting back at her..They did find my daughter with a couple grams of pot in a pipe and pressed charges against her. Still, I'm the home owner who has never been in the least bit of trouble. To have a search warrent issued and excuted is very disturbing....Please advise
1 ANSWER
Criminal Defense Attorney serving Toms River, NJ
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Edward J. Dimon
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You need to obtain the affidavit supporting the search warrant. The affidavit will have been prepared by a police officer and will contain the alleged facts which support the reasonable cause any crime was being submitted in the house. You can review the affidavit and determine if the allege facts were true or not true. This may be the basis for overturning the charge against your daughter. If the police should not have been in your house, then they would not have seen the drugs allegedly possessed by your daughter. Your daughter may also qualify for a conditional discharge. She should avoid a criminal conviction. Please call if you would like to discuss.
Answered on Feb 23rd, 2015 at 4:51 AM