QUESTION
The police entered my house with a search warrent looking for drugs. Don't they have to have a good reason
Asked on Feb 21st, 2015 on Criminal Law - 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 should obtain the police reports. Police reports will contain the affidavit of the officer. The affidavit is what the judge utilized to issue the search warrant. The affidavit will set forth the alleged facts supporting the reasonable cause that a crime was being committed. You can review those allegations and determine if they were truthful or not. If they were not truthful, then you can go to the prosecutor and judge and explain that there was no basis for the search warrant. You can do all of this without spending any money on attorney. If there were no truthful allegations, and if you do not have success with the prosecutor and judge, and you can decide if you want to use an attorne. Please call if you have any questions.
Answered on Feb 23rd, 2015 at 4:45 AM