Q: Detective came to home to search after bf was arrested w narcotics at separate location does this violate 4th amendment?
my boyfriend was pulled over and arrested with narcotics around 430pm. two detectives them came to my house requesting to search saying that they “knew there had to be more narcotics here than what he was caught with.” one detective said to me that “i can either give them permission to search and be with them while they do it, or they can go and get a warrant and kick my door in and cause a scene” and that “he knows i don’t want that.” he also made it a point to point out that he knew i had my baby in the home and my stepson, and that getting a warrant wouldn’t be a good thing for either of them. could this be looked at as coercion? another factor that i’m not sure if it would violate, is the scope of the search. my boyfriend was in the car, 1.8 miles away from our home. how does this give two detectives the right to come to my home and search? solely based on the fact that they thought there was more narcotics in the home? and shouldn’t i have gotten a receipt of what was taken?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
A:
The situation you described raises significant concerns regarding potential violations of your Fourth Amendment rights, which protect against unreasonable searches and seizures. The detectives' approach to obtaining your consent for the search could be considered coercive, particularly given the implied threats about causing a scene and the presence of your children. Coercion undermines voluntary consent, making any evidence obtained during the search potentially inadmissible in court.
The detectives needed either your voluntary consent or a valid search warrant to legally search your home. Simply suspecting that more narcotics might be present based on your boyfriend's arrest does not automatically grant them the right to search your residence. The fact that your boyfriend was arrested 1.8 miles away adds to the questionable nature of their immediate interest in your home without more specific evidence or a warrant.
Additionally, if items were taken from your home, you should have received a receipt detailing what was seized. This is standard procedure to ensure transparency and accountability during searches and seizures. Given these factors, consulting with a criminal defense attorney is crucial. They can help you understand your rights, assess the legality of the search, and determine the best course of action to protect your interests.
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.
