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Criminal Law/search & seizure

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Expert: - 11/22/2007


Question
If someone you knew was on probation and visiting your home and you stepped out to the store & a few errands and in your absence their P.O. came to your residence talked to the probationer in the kitchen while her assistant searched my bedroom & belongings, is that a legal S&S? Yes they claim to have found drugs in a cigar box on my dresser and they then called the police to arrest my friend, he was booked and charged w/ possession.
The next day released for no P/C. but later the prob. officer re-filed and it went to court....  my Q: is about my rights, my home, they say because I was not available to answer
"NO"
the search  was legal.
They  searched my personal private belongings but charged him w/ the crime.


Answer
Michelle,

   Actually there is no such thing as an illegal search and seizure.  What does happen is that once a case to gets to court the defendant can file certain motions trying to supress evidence while arguing that the search was in violation of the Fourth Amendment.  So your friend might possibly do that but that would be up to his attorney.

  As far as your situation you were not charged with anything so you have no legal standing in this matter.  However if you feel that any of your rights were violated  you can always retain an attorney and sue whichever government that this probation officer works for.

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Jack Toomey

Expertise

Please do not ask me about potential jail sentences that you, your friends, or family might receive in court. There is no way for me to know that. Only a judge could answer a question like that. I am also NOT a probation officer or parole officer so I cannot answer questions that relate to parole or probation. Also please keep in mind that every state has different laws. If you are planning to ask a question about a specific law or criminal charge that pertains to your state only it could be difficult to answer. I also cannot give you legal advice on what to do or what not to do in court. Retired police officer with 26 years experience. Worked in the patrol division as well as over 14 years in the detective bureau. Investigated a wide range of crime such as murder, rape, robbery, theft, fraud, missing persons, and other very sensitive crimes. I am available to answer your questions about criminal law and especially as it applies to police work. I taught at the police academy for several years and am especially knowledgeable about search and seizure. Any question about criminal law is welcome! Please don't ask me to do your homework or ask me questions that obviously come from your teachers or professors. I also do not do online interviews or surveys. Young people need to gain face to face interviewing skills. Local police officers usually are very agreeable to assist in these assignments.

Experience

I am a retired police officer with 26 years experience. I investigated almost every type of crime including murder, rape, theft, missing persons, fraud, and domestic abuse. I am very knowledgeable about search and seizure and taught at the police academy for several years on a variety of subjects. I can answer questions that a lot of attorneys cannot since they do not have "street experience".

Education/Credentials
Bachelor of Science degree in Criminolgy from the University of Maryland.

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