Q: I was arrested on drugs charges from a search warrant done on home, i was not at residence. i was not shown any papers
I was living with a relative, they woke them up showed them the search warrant and then called me, as i was walking over to that residence they came and arrested me and charged me with the same charges as occupant that was there. i was never shown a copy of the search warrant. I had not been staying at that residence since the week prior, but did have clothing etc still in the room i was in. they charged me with possesion of cds, possesion of paraphenilla, possesion of marijauna, and all within a 1,000 feet of a park. I have never had any prior charges in oklahoma and only alcohol charge that was dismissed when i was 18 in a different state. Was this a legal search without my presence or knowledge till after done.
A: When a search warrant is issued, it is to specifically set forth the person and property that the law enforcement officers are seeking to search. this search warrant is based upon an officers sworn affidavit that a Judge reviews prior to signing a search warrant.If you did not own the home that was searched, a copy of that search warrant must be left at the home or served upon the owner of the home if present when the search was conducted.Since you had clothing or other materials in the home searched, that material owned by you must show you indeed lived there or stayed there in order for the evidence to be admissible against you. This material owned by you could be utility bills, a drivers license showing the searched premises address as the same as on your license, or other evidence showing you may have had dominion and control of the contraband seized by the officers.An experienced criminal defense attorney will need a few more facts from you in order to give you a proper answer as to whether the search and seizure conducted was legal or not and whether the search and seizure could be quashed.
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