Q: Injured from a gunshot wound/stray bullet fired at my house with and I had no criminal involvement.Do I need an attorney
My cousin showed up to my house looking for safe refuge from an attacker who had apparently followed her to my home. I dialed 911 for her and was speaking with a dispatcher when the assailant pulled up. I was directed to block off the door but didn't make it before he had fired thru the door striking me in the chest. I was taken to the hospital and police obtained a warrant for my home. It seemed like they were more out to get me for a crime then to help me. The warrant was for my dvr which I gladly told them about and surrendered at the time of the incident and anything that I don't really understand the other part but it looked to put me in a position of wrongdoing or find something to charge me with. It didn't look like they did much investigating but they did go into my bedroom on the second floor, away from where it took place, and went thru and took things from my girlfriends purse. I think this isn't right when that wasn't in the warrant.
A: You should look at the warrant carefully and take it to an attorney if at all possible. If the warrant affidavit contains statements that evidence of a crime could further be found in the home, it's possible the search and seizure is permissible. The remedy for an overreach of a warrant is suppression. This would be immaterial to whether you actually had anything to do with the crime being investigated. It seems of little doubt a crime occurred at your house.
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.