I want to know how the police raided my home without a search warrant or an arrest warrant?

Clamdigger

+ They have the right from a description to search your vehicle(if it matches preferably by plate number), but not your home without a warrant. If they knocked on the door and they said why they were there, and someone let them in then they had permission from a resident to search. If they did not say what they were looking for and just let themselves in then they were in doing it right. There is a consideration called hot pursuit for a felony crime. Could this apply?

Cochise

I'm trying to understand why the police were in your back yard. Your expectation of privacy extends to the area immediately around your home - the curtilage -

No warrant or permission to search the house?

Your lawyer has to file motions for discovery and, if this is as bogus as you described, motions to suppress any and all evidence.

steven b

they can only use the evidence if they could see that the shell casing for plain view. if the shell casing were not in plain view the evidence goes out the window. They have to show a search warrent or ask your promission. the search from what you decribed lacks the legal guidelines for a search.

fr_chuck

If they found a vechile fitting the description, and from the window of the truck they saw they shells in the truck,

Also how did they come into the house, knock the door down or knock and ask to come in.

And it is possible that they had a warrant oked by a judge over the phone but not one in hand ( that is allowed)

But in some states the truck, and the shells seen would be enough probable cause to allow them to arrest you.

SPEED DEMON

probable cause justifies anything for the police !!!!

katybug1776

can anyone say PATRIOT act

MICKFOLEY

NO THEY CAN NOT ! ! !

DID THE PERSON WHO CALLED & SAID YOU FIRED THE SHOTS GIVE THEM YOUR LICENS PLATE??

YOUR GUN IS REGISTERED??

THE POLICE DID NOT HAVE ANY RIGHT TO SEARCH YOUR HOME OR CAR WITH OUT A WARRENT ! ! !

YOU CAN SUE THE POLICE DEPT BASED ON FALSE ALLIGATIONS..

GET A LAWYER !!!! HAVE HIM GET THAT TAPE OF THE POLICE EMERGY CALL ABOUT THE FIREING OF THE GUN!!!

spyderman131

I was Security Police Officer In the USAF, The police can stop all vehicles that match the description from a call. They can also use tool called probable cause. Which it sounds like they did to you

churchonthewayseniors

yes they can it is called reasonable cause

gsschulte

well with a car matching the discription and shell casings on the floor they do have probable cause but only if they could see the casings from the outside if they had to move anything then i dont think they can make it stick. explain every detail to your DA or your lawyer and see if they can help you out.

My Evil Twin

It's called "probable cause", and such a search is perfectly legal. Apparently they thought they had reason enough to search you & yours, and they were apparently correct because they found shell casings in your truck and a pistol in your house.

Pancakes

Sounds like they found the criminal they were looking for. Of course, you're innocent until proven guilty.

cope_acetic

They had "probable cause".
Sounds like you are guilty, too.
Good for them if you are.

retiredslashescaped1

I suspect the issue was not probable cause, but immediate pursuit. Cops in immediate pursuit of a person who is believed to have just committed a crime can enter a home without a warrant.

To beat this -- assuming you are innocent, and I am not going to make that assumption in this answer -- you are going to need an attorney who can convince a jury that there are a number of such SUV's the same as yours.

And, you are going to need a story to explain the shell casings in your pickup.

If your SUV engine was warm when they got there, you are in deep trouble, fella'. I suspect that it was indeed warm, right?

kar_summers

Since the shell casings were in plain sight they were then able to follow through with a more complete search....not needing a warrant.

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