Can the police search my house without a search warrant?
The police officers came to me house to arrest me for my 4 traffic warrants. They then put me in handcuffs and put me in the back seat of a cop car while they ran the Vehicle Identification Numbers of my cars and motorcycle. But at the same time they started to search my residence! They found 6 rifles in my house and now I am in jail facing a 6 year sentence for a gun charge. Did they have a right to enter my house without a search warrant? This is 6+ years of my life that I could lose and I need all the help I can get.
Answered By: Reeves Law Firm, P.C.
Based on the facts you have given, the answer is NO. The cops violated your rights. There are exceptions to the search and seizure rules, and I or the attorney you choose would need much more information to distinguish if you fit within one of those exceptions.
Answer Applies to: Texas
Replied: 11/26/2010
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Texas
Replied: 11/26/2010
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Office of Robert L Keates, PLLC
An arrest warrant alone, without a search warrant for the home, will not permit a search of the home. However, often times officers will apply for both at the same time. What could be an issue is what they were allowed to search for when the problem was traffic tickets. If you had a warrant out for gun charges, that would be different, but you may have a decent motion to suppress based on what you have written so far.
Answer Applies to: Texas
Replied: 11/24/2010
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Texas
Replied: 11/24/2010
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Office of Eric Sterkenburg
Searches by the police are very involved and, therefore, much more information is needed to give you the right answer. Please contact me so I can help you.
Answer Applies to: California
Replied: 8/11/2010
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 8/11/2010
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
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