Expert: Robin Sexton - 8/14/2009

Question
Wednesday night, my live in boyfriend and  I were arrested for possession of paraphernalia in Louisville, Kentucky.
The detectives (I assume they were detectives because they were not in uniform and were in un-marked cars) pulled my boyfriend over as he was leaving our apartment complex for not wearing a seat belt. They had him in handcuffs and were searching his car before they even asked to search his it. They repetitively asked him if he came out of the downstairs neighbors apartment. We are assuming that they must have been watching the downstairs neighbors, because he was pulled over before he was event out of the apartment complex. My boyfriend did not have his ID on him. Even though he gave them his social security number, birthrate, and address, the detectives insisted on taking him upstairs to get his ID.
At the time, I was down stairs watering our flower garden. I see the detectives drive my boyfriends car to our apartment parking lot and bring my boyfriend out in handcuffs. I ask what is going on and they say that they are arresting my boyfriend and need to go upstairs to get his ID. I said I would go get it for them. They say they want to go inside. I say I do not want them inside because our 3 year old is watching T.V. and I do not want her to see her father in hand cuffs. I begin to go inside to get the ID, and close the door behind me. As I am closing the door, one of the detectives puts his arm inside the door and walks into my apartment. I quickly moved my daughter to the other room, then come out to talk to the detectives. They put my boyfriend in the dinning room and have me in the hall way. They start asking us questions like, "Is there anything in the house we need to know about?" "Is there anybody else in the apartment?" I do not answer any questions. I instead ask them why they are in my house. One detective replies with, "Your boyfriend said that we could come in." Later, I find out that another detective told my boyfriend that I said that they could come in. However, nether of us gave them consent. At this point, my boyfriend admitted that there was a water pipe in the bedroom. I was getting frustrated with all of the questioning and I asked them to leave, sense they already had the ID they were looking for. When I ask them to leave, one of the detectives yells, "We have a warrant!" and quickly goes down the hall and into the master bedroom. He finds the water pipe on the dresser. He then opens a box that had a latch on it and finds rolling papers and hemostats.  He continues to look though 2 dresser draws. I ask another detective why he went through my things. He said that they do not have a warrant, but they needed to secure the perimeter. He also said that they would not be looking into any draws. They question my boyfriend and I for almost another half hour, then place me under arrest for possession of paraphernalia.
I feel like my rights and my home were violated. Neither my boyfriend or myself have ever been in any trouble for drugs. I don't feel like the detectives had any right to be in my home. My question to you is, was every thing the detectives did legal, or do we have a case of illegal search and seizure?

Answer
Ashley,

Sorry for the difficulties you are having.  You need to contact an attorney.  I can only respond based on your information because obviously i don't have the officers side.  however if what you are relating is true there are several things that make me very concerned.  The officers were being very aggressive in their enforcement and i can see it is actually justified for paraphernalia.  There are several issues that you mention that fly in the face of some recent Supreme court decisions.  I cant say that i approve of their tactics or methods.  However to be perfectly honest with you the difficulty you are going to have is that your have several officers that may testify to the consent, it will be hard for you to refute that.  Recent decisions state that any party to a residence can deny consent.  The officers would then have to obtain and display a warrant.  Officer safety is a questionable excuse.

Hope this helps

robin