Expert: Robin Sexton - 7/18/2008

Question
I am at work and my husband just called to tell me our house was raided.  Our oldest son ended up in jail a couple of weeks ago and he won't disclose completely what exactly for so I can't elaborate, but they came to my house without a warrant and entered my home and went through our belongings looking for items they say my son may have stolen.  I do not know that for sure as we did not have the items they were looking for with the exception of a box of movies my son had brought home (told me he found them) and I had taken them out of the box and put them with the rest of the DVDs.  I learned they just took all of them including some that were my own.  About a week ago my son had a court date and prior to that court date the probation office called to verify his address and I reluctantly verified (and I told her I was reluctant) the address. My son is 20 years old, if he does ever stay at my house it is to eat, take a nap or a shower.  He does not have his own room, he sleeps on a couch if he is there.  The cops said my kids let them in because I asked my husband if he requested to see the warrant.  he told me they didn't have one but they entered anyway.  The kids were in the backyard and my husband was in the bathroom.  they proceeded to go into our room and make my husband search while they watched all of our jewelry boxes (my husband collects them) to make sure there was nothing in them and the drawers.  They said they were looking for movies, a Wii system and a digital camera - I guess unwittingly I had some of the movies but I did not have the other items in question.  My husband said they were very nice but it doesn't excuse the fact that I feel violated and harassed and they didn't have a warrant to enter my home.  By me verifying the address, although my son is currently in jail and not there, did I somehow "allow" them to enter my home?  My son was not on probation at the time he started staying at my house 2 months ago.  did I give up a right somewhere that I am not aware of?  Can I ask for my movies to be returned?  Also, they threatened to take our kids because they were unattended but my husband was in the bathroom.  I just want to know what my rights are in case they decide to come back at a later date and search again.  Do they have the right?

Answer
Michelle,

This is really difficult for you and your family I am sure.  The right is not the governments.  The right is yours to be secure from unreasonable search.  One of the issues i see is a matter of perspective.  You weren't there so you may not be getting all the information. However neither was I, so here are some general rules.

1)  Children by and large do not have the authority to grant permission to search their home.  They are underage and have no authority over the home.

2) Your son even though he is registered to be at your residence does not give the police the authority to search your home.  He gave them the    right to search his stuff not yours.  The officers, actually probation need to determine which area is his and which is yours.

3)  Once your son is in custody and the police are conducting a criminal investigation this takes it out of the hands of the probation officers authority and then the normal rules of search and seizure apply.

It sounds like the officers were acting like they believed they had permission to search, again perspective.

Officers need a search warrant to search or one of the recognized exceptions that don't appear to exist in this situation.  You have a right to have your property returned.  If you know what items these are send a letter to the police and the prosecutor detailing these items.

Sounds like your son got himself into a mess and dragged you folks along with him.

If you need to please post a follow up question.

Good luck

Robin