Improper execution of search and seizure laws by police

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Improper execution of search and seizure laws by police

My house was raided on June 18th. As soon as I answered the door, they rushed into my house. I asked to see a warrant, the cop said “we don’t need to show you one” I kept demanding to see a warrant. One officer said “you got alot of balls to talk like that to a bunch of cops who can shoot you” making my life feel threatened. So I shut up to not get shot. But they began searching my house before they read or showed a warrant I didn’t even see the warrant until the next day when I got released, when the law says that before conducting a search they are to read the warrant and give a copy.

Asked on July 6, 2009 under Criminal Law, Oregon

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

It's hard to comment on your question because there is a lot more information that would be necessary to get the entire picture here.  If you're being charged with an offense connected to something taken by the police in this search, you need to discuss this with your attorney.

If the detailed facts of your case justify it, your lawyer might file a motion to suppress the evidence obtained, and the court would have to rule on the legality of the search.  If the police broke the rules, whatever they found can't be used against you.


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