QUESTION
Is it legal for detectives to extort a woman into signing a search warrant 2 her own house by threatening to call child protective services?
Asked on Feb 02nd, 2013 on Criminal Law - Wisconsin
More details to this question:
the grandmother of my girl friends daughter and a detective threatened my girl friend into signing a search warrant to her own house by saying they'll take her daughter away from her if she doesn't sign this warrant cause they'll just come back when her daughters there and kick it in then. The police wanted to talk to me. is that legal and if not where can i find case law to match a similar case.
1 ANSWER
3 Awards
I practice in PA where it would render the search illegal if it could be proven the cops coerced the owner of a house into submitting to a search. These cases are difficult to litigate as the police will never admit to any coercion. You have a tough road, but it is possible. You really need an experienced constitutional/search and seizure lawyer. Look under Kansas law, search of homes, coercion, threats, etc.
Answered on Feb 02nd, 2013 at 3:55 PM
William R. Pelger, Attorney Munhall, Pennsylvania 412-461-1900