QUESTION
What can I do if the police searched my house without a search warrant?
Asked on Jun 15th, 2013 on Criminal Law - Texas
More details to this question:
The cops came to my house on April 22, 2013 said they had a search warrant because there CI (Controlled Informant) said that we were selling meth out of the house. They never produced a warrant. I see that the judge never even signed a probable cause warrant until April 24, 2013. Isn't that illegal and aren't they supposed to leave a copy of the warrant? The CI that they had has a lifelong no trespassing order on him at my house. I wasn't arrested they arrested my friend and sent me a possession of meth charge in the mail a week later so now they are saying since I won't testify against my friend that they are going to chalk my charge up to a Delivery charge. Is that legal?
6 ANSWERS
Michael J. Breczinski
They came into the house without a warrant so all the evidence should get suppressed.
Answered on Jun 20th, 2013 at 9:51 AM
3 Awards
you need a lawyer or Public Defender - tell the police, I want a lawyer and nothing else if the warrant was not approved until after raid, then entire search is bad - i have won search warrant cases - if the CI was never in the house, it would be tough for anyone to rely on his/her word about what happens there all jail calls are recorded. I would be happy to discuss representation.
Answered on Jun 17th, 2013 at 3:50 PM
Bankruptcy Attorney serving Irvine, CA
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Chambers Law Firm, P.C.
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Your description does not provide sufficient detail to answer your question. The law of search warrants and search/seizure is complex and fact-intensive. You should contact counsel who can provide you with a thorough analysis.
Answered on Jun 17th, 2013 at 3:49 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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They sent to be a number of issues in the facts as outlined. You should immediately engage and attorney and cease any communications with be confidential informant or any of the authorities until after you have received counsel.
Answered on Jun 17th, 2013 at 3:48 PM
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Retain a criminal defense attorney, NOW! There are a lot of missing pieces to determine if a) the search was legal and b) the government can actually sustain a delivery charge (or if they are just saying that to get you to talk) Disclaimer: The response to this email does not constitute or create an attorney-client relationship.
Answered on Jun 17th, 2013 at 3:48 PM
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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The cops do not have to leave a copy of the warrant, although they do have to leave a copy of the return. The warrant should be on file with the district clerk's office, and your lawyer can get a copy. This does not sound like a Texas case as they do not send possession notices in the mail; they arrest for possession. Hire a lawyer to help you out.
Answered on Jun 17th, 2013 at 3:44 PM