Alexandria, LA asked in Civil Rights and Constitutional Law for Louisiana

Q: Can police enter a home with no warrant in the process of placing weapons and cuffs on my children for nothing?

When asked about the warrant they told me they didn’t have to give one then they later said that they found drugs that had never been seen before, and when I wouldn’t stop asking about a warrant right before that left they printed one from there vehicle while I was in there and it had the things they supposedly just found when originally they said they were looking for someone we had never heard of but all of the sudden that wasn’t there reasoning for entering at night without knocking.

1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: It sounds like you’re dealing with a very confusing and stressful situation. Generally, police need a warrant to enter your home, especially at night. There are exceptions, such as emergencies or situations where evidence might be destroyed, but they still have to follow proper legal procedures.

If the police claimed they didn’t need a warrant and then later produced one, that raises questions. The fact that they gave shifting reasons for entering your home—first to look for someone, then claiming they found drugs—could indicate possible issues with how the search was conducted. Printing a warrant after the search sounds unusual, and it may be something worth looking into more closely.

It’s important to understand your rights, and you may want to consult with a lawyer who can review what happened in detail. They can help you figure out if the police acted lawfully or if any violations occurred during the search and arrest.

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.