Can police do this?

edwoodisgood81

Something tells me that your story is a little incomplete. It is my understanding at least that the person who the police were after would have been under some sort of surveilance so that they would know when the right time to bust him would be, narc officers don't simply drive around looking for people to arrest. Secondly it would appear that your friend had some sort of association with the wanted guy or else she wouldn't be driving the car they suspected he would be in, that's your probable cause right there. Lastly I somehow doubt that the police would arrest the "obviously" wrong person and then proceed to carry out a search warrant, (which has to be signed by the way) on the same wrong person. I would imagine that your friend had something to do with the the guy they wanted and she got busted for it.

lodicassells

If they were narcotics officers there may have already been a warrant in effect; were the persons in the house automatically arrested? Then yes...there probably was a warrant. Do police need to stop and show you the search warrant and arrest warrant before they arrest you? No. It may be that there were others in house who where not home owners or renters, or that can be proven were in house deemed a "drug" house.

Now....if we dont know what transpired between your friend during the stop, how do you know that she wasnt mirandized, and offered to show them where narcotics where? Hey....it's possible that she flipped in order to avoid charges and is now working with them. was she under the influence at the time of the stop? If she is a crack or heroin user, how reliable is her memory or ability to tell you exactly what happened.

The bottom line is that there are 2 sides to every story. If you werent there, and your friend was arrested, im sure she has a problem with everything that happened. It's called projecting.

just me

NO!!! they dont have the right to search her house without a search warrent!!!! SUE THEM NOW! stupid cops.

Thomas S

Sounds like somebody set you up. Did your friend scr*w somebody in a a dope deal, did she piss off her neighbors, etc. Sorry, there are always 3 sides to the story. Yours, theirs and the truth. There's a lot missing in this case so go back and think about the "why" in this little episode.

You are mad because your friend was caught. Do the crime do the time. You thought life was fair, you have a lot of growing up to do. Get a lawyer and hopefully you learned something form this little escapade.

tgace

No they cant, and if they didnt have one whatever they found wont be admitted as evidence. So what I think REALLY happened here is that your friend either gave them consent to search or they did have a warrant. There is more to this story.

And for those who "hate cops"..perhaps you should "hate crime and criminals"....cops should be held accountable, but "hating" them instead of people who disregard the law is ignorant.

Something stinks.

Garo88

Cops are cowboys, they can do anything they want. Their is a number of ways they can and will get around an illegal search. Ex: They could say that your friend either didn't have any ID or gave them an invalid ID, in which case based on their information they can assume her identity and then because she is driving a car linked to an address use any search warrants they have for who they were expecting to find to gain entry to that address. Your friend needs a really good lawyer.

Brad

No, the only way you can legally search a house is with a warrant. If they had chased her into the house then it is a little different, but still you cant do an extensive search. Anything found in that search will not hold up in court.

jkc6229

If she was stupid enough to give them consent to search the house, then no warrant was needed.

goz1111

since she had drugs on her at the time of the arrest the police had a right to search the area, her wingspan of the car,

as to searching the house they would have needed a search warrant or consent from some one living in the home, anything found in the house should be suppressed , if no drugs where found then your friend should press to file a civil rights violations

britsurfer1

Without a search warrant they can't search the house. My advice would be to act quickly before they manage to cover up their breach of the law.

Jendralus

First of all no police can search a house without a search warrent.
Your friend should hire a lawyer and sue the police department. I understand that your friend must be depressed but on the other hand, after sueing the police department, she is going to be rich...rich....ricccchhh.

reason behind sue; Mentle torture, Fear, Fear of driving, Fear of police, Waste of time, Assaulted battery.
Minimum of 500thousand dollars

budugoo

They have no right to jail your friend, or to search her house. So, if she is still in jail, lodge a complaint.

mini_stef26

If they have reasons to believe she had drugs home and that it could be destroy after that arrest, yes they can. But they can't take a "guess" to "maybe" find drugs over there. They would need a warrant for that.

They probably "burnt" themself by getting her instead of the other guy. They probably didn't have a choice. I don't have enough infos.

mikeysco

There are a few really excellent answers here (lodicasells and vanjohn), some okay answers, and the usual collection of idiots who spout off about things they know nothing of.

Don't get all upset with people who didn't answer the way you expected them to...your question isn't worded all that clearly.

I'm absolutely with those who say you don't have the whole story. You didn't say you were there, so we're all left assuming you were not. If you were not there, you're taking your friend's word for all of this, and while I'm sure she's a wonderful friend, she may not be being completely honest with you about this. She also might not know for sure if there was a search warrant or not, and it's also possible (unless you know otherwise), that the police were able to search the house based on a probation or parole order that allowed them to search. Anyone in that house on probation or parole? Anyone on probation or parole hang out at that house long enough for the cops to *think* they live there?

I'd be willing to bet the cops charged your friend with whatever charges they think they can prove - not with the charges they thought they were going hang the "other guy" with. That makes no sense.

The very last part of your question was probably the best explanation of the situation. To answer it, and under California law (and probably the law in any state), no...just because she had dope on her while she was driving her car would not provide the cops with the authority to search her residence, absent some other information.

And really - that "some other information" I just mentioned above...that's the problem with your question. You appear to just have no way to know all the details of this case because, fortunately for you, you're not intimately involved with this case. Friend or not, I would not make any assumptions based on the word of someone sitting in jail for a drug offense, and who evidently keeps the kind of company your friend keeps.

Hope all your questions eventually get answered truthfully.

DeltaQueen

That happens alot here (Louisiana) they take you to your house if you are found with dope in your vehicle, then they tell you that you can either let them in and they will make things easier for you or they will just wait outside, with you and wait for a warrant.
Once you say that they can enter your home, if that's what she did (probably intimidated) then there probably isn't anything she can do. Honestly they probably holding her to intimidate her into rolling on the person that they really want. When she doesn't help them, then they will turn it over to a DA who will decide if it is worth while to pursue charges. S*cks, doesn't it.

BoredBookworm

Firstly, making a stop and search despite the mistake about the driver's identity is not a violation of civil liberties, because an informant apparently provided reasonable cause and a search incident to the stop would be justified on grounds of officer safety. Secondly, police have a right to conduct searches "incident to arrest" of the home and possessions of an arrested person if it is reasonably believed that additional evidence might be found relative to the matter for which the person was arrested, and no search warrant is required for this. There is no Constitutional question about the police conduct as you have described it. I wish you and your friend luck nevertheless.

Sarang

ANYTHING IS POSSIBLE IN THE USA

upallnight

I think if they had probable cause to believe there were drugs in the car, then the search was legal. It sounds like they did find some, or she wouldn't be in jail. It's a matter of running with the wrong people. You get involved and go down with them when they get in trouble.

shardf

Hmmmmm, I think there is another side of this story you do not know, or maybe you do not know all of the story. But, say, if they did what you said, well, no they cannot search her house without a search warrant. In fact, if she were to get an attorney, he would use this to get her out of jail. Without sufficient proof that she was who they were looking for, had any narcotics on her, or they cannot produce a search warrant, then she should not have to remain in jail, nor would she have big bail. I do not think that the Police would want to risk all of this, to just justify stopping someone they made a mistake, it was not that big of a mistake. They must had have the goods on her and you just do not know about it. Otherwise, just put on your "walking boots" and walk out of there, via an attorney. Good luck. I just don't buy that story, sorry.

jackie

If she had narcotics, I hope so.

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