Where my 4th amendment rights violated if the police were in my house for at least 4 hours before a search warrant was issued?

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Where my 4th amendment rights violated if the police were in my house for at least 4 hours before a search warrant was issued?

My house was broken into around 1 am in the morning. The police ended up catching the guy and he got shot. Then within 10 seconds the police handcuffed me and took me to the station, without Miranda being read to me. Also, my neighbor told me the police were in my house all night searching yet the search warrant was not issued to 7:30 am the next morning. Plus, the shooting took place outside of the house so the police should not have been in my house to start with. Can someone help me with this issue?

Asked on May 17, 2012 under Criminal Law, Texas

Answers:

Kevin Bessant / Law Office of Kevin Bessant & Associates

Answered 9 years ago | Contributor

There appears to be a staggered chain of events that happened in this case, but typically the police must have a search warrant before they are able to enter your home to perform a search. The only exceptions to this is if 1) you or someone in your home consented to the officers entering and searching the home or 2) The officers were responding to an emergency situation or "exigent" circumstance in which obtaining a warrant would have hindered the emergency. This may of been the case if the officers were responding to a burglary call, but if you say they searched the home the night before, then they should of had a warrant to do so.


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