Q: Could the charges be dropped due to bad policing and violating the rights of the residents?
Police from another district entered home saying it was a probation search after entering they said they were looking for an individual who ran from them 2 weeks prior who did not live at address. The person they were asking about already had been arrested 1 week prior by police who covered our area but they failed to check. Police tossed up home of probationer and tenants once they found out they wasted there time . No paperwork was given. Probation nor the courts knew of a probation search at our residence. Probationer did tell police her had a personal amount of methamphetamine in his pocket. Probationer now is facing a sales charge and due to police contact has a violation hearing friday. Also there is an investigation on why police entered home and to see if they violated civil rights of everyone in home. 2 people in the home were placed in the back of the police car for over an hour while policed tossed home. Purses were dumped and things broken. Police also threatened us.
MORE INFO NEEDED
I WOULD CONTACT A GOOD CRIMINAL LAWYER IN YOUR AREA WHO APPEARS REGULARLY IN THE COURT YOU ARE ASSIGNED TO.
SOUNDS LIKE YOU MIGHT HAVE SOME GOOD GROUNDS FOR ARGUING AN ILLEGAL SEARCH AND SEIZURE AND RUNNING A 1538.5 MOTION TO DISMISS.
IF YOU NEED SOME REFERRALS GIVE ME A CALL.......760 837 7500........DALE GRIBOW
Too much facts NOT provided to answer.
As colleague said, consult an attorney
A: There might be a suppression motion here, and there might not. Contact your lawyer about it. From your question, it sounds like you are also on probation. If that's the case, then you are likely subject to search without a warrant. It wouldn't matter if the police were looking for someone else.
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