Q: Was this "arrest warrant" search legal?
Live in Gwinnett County, Ga. A cousin used to live at my residence and he's on probation. 7 gwinnett officers knocked with an arrest warrant for the cousin. I told them he moved over 6 months ago and I'd have to talk to my girlfriend before allowing access to the house. They came in anyway and searched for him. I was complaining about my 4th amendment rights the whole time. I got all of their names and badge numbers then one threatened to arrest me for obstruction because I refused to Id. Then another threatened to arrest my girlfriend and I if the cousin showed up. When they left I called a supervisor to make a complaint. Then we called gwinnett corrections and found the cousin was in the corrections facility, while they were searching. From what I read, they can search for someone with an arrest warrant but only can enter a home if they have a suspicion he's there which since he was in jail already, in their county, they certainly didn't. Is there any recourse? Feeling violated!
A: Your rights under the constitution werre most likely violated. Contact a civil rights attorney to consider your options.
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
