Greenland, NH asked in Criminal Law and Constitutional Law for Maine

Q: I believe my 4th amendment rights were violated as a result of an unlawful search & seizure

Police responded to a civil complaint re: an aggressive dog...they left complainant’s property, entered mine & saw no dog, nor person or vehicle (I was out with said dog(s). Officers then approached domicile & claimed to see ‘evidence of firearms in plain view’ officer was the arresting officer in a previous incident involving myself & therefore was privy to my status as ‘temporary prohibited person’, hence he assessed said ‘evidence’ as contraband, yet did not seize or photograph offending item(s). After appr. four hours, said officers returned with two more SWAT equipped officers, approached my parked vehicle in my driveway where I was resting, and forcibly removed me, placing me under arrest with no Mirandization. Was forcibly dragged INTO my domicile where all four officers conducted a random ransack style search and did recover firearms. There were no firearms ‘in plain sight’ other than replicas & air rifles, hence I believe the whole search invalid...

1 Lawyer Answer
Hunter J Tzovarras
Hunter J Tzovarras pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Criminal Law Lawyer
  • Bangor, ME
  • Licensed in Maine

A: Any search of the home would require a search warrant supported by probable cause, unless you provided consent to search the home. There may also be a 4th Amendment issue as to whether the police could enter your property to be in the location of where they claim they saw the firearm. Law enforcement are required to provide you Miranda warnings if you're placed under arrest and subject to questioning. If you were arrested and questioned without first waiving your Miranda rights anything you said to law enforcement could be suppressed.

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.