Can a deputy search your house for drugs if he was called for a completely different reason? 10 Answers as of September 02, 2015

I called 911 on a man in my house for beating his wife. He tells the deputy that I have pot under my bed. Can that deputy walk in your house and search under your bed, and when he doesn't find any keep in searching?

Does a court order need to be notarized to make it legal if it has been copied from the original. Can they even serve a court order that is a partial of the original? If a court order is sworn before a judge it seems to me tampering with the document would render it null and void.

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Epstein & Conroy
Epstein & Conroy | David B. Epstein
No, this constitutes an illegal warrant-less search. Unless he has consent to search, the MOST he can do is secure the area and go to a magistrate to request a warrant.
Answer Applies to: New York
Replied: 12/1/2014
Austin Legal Services, PLC
Austin Legal Services, PLC | Jared Austin
It's a case-by-case determination. The police either need a warrant or a valid exception to the general search warrant requirement to search. Consult with a criminal defense lawyer and/or an attorney that specializes in 1983 cases.
Answer Applies to: Michigan
Replied: 11/26/2014
Connell-Savela
Connell-Savela | Jason Savela
Cops have guns and will do things that they are not allowed. So, he can and you cannot stop him. All you can say is, I do not consent to a search. And, I want you to leave my house NOW. Be clear and firm. But, do not physically obstruct nor argue law or right with him. You might audio or video record what is happening. If the cop does violate your request, you can contest the results of the search in court. You can also sue him for a civil rights violation. If you are over 21, why does it matter if you have pot in your house? It is not contraband so there is no reason to invade your privacy.
Answer Applies to: Colorado
Replied: 11/26/2014
Charles M. Schiff, Attorney at Law
Charles M. Schiff, Attorney at Law | Charles M. Schiff
These are issues that need to be raised before the court. Each case is going to have somewhat different facts. Based upon your recitation of the facts, I would say that the search is questionable which means that you should raise the issue in your case in an attempt to suppress evidence.
Answer Applies to: Minnesota
Replied: 11/26/2014
Hammerschmidt Broughton Law
Hammerschmidt Broughton Law | Mark A. Broughton
Search and Seizure issues are very complicated, very fact-specific, and frequently litigated. So, without a more thorough exploration of your situation it is impossible to give you a direct answer. However, generally, once an officer is in your home with your permission, he can look in areas that are in "plain view" and seize any contraband he sees there (and, of course, arrest the person whom he believes is responsible). If the resident gives consent to search - and not just to look for someone in the home - then the officer can search the entire premises. In this situation, the officer will no doubt say that he was given consent to search, or that he was searching the entire residence for the individual, and/or that he was securing the residence "for officer safety." Cops are very shrewd, know the law and how to circumvent it. If you allow an officer into your home, or car, purse etc. for any reason, beware...all bets are off!
Answer Applies to: California
Replied: 11/26/2014
    Elhart & Horvath, P.C.
    Elhart & Horvath, P.C. | Mattias Johnson
    To your first question, typically not. The officer is allowed to "see" what is in plain sight, but must have a warrant (with some exceptions which I do not believe apply to your case) to search for anything that is not in plain sight. Any evidence that they may have obtained would likely be inadmissible. Your second question is a bit more confusing, but an Order can be copied and does not need to be notarized. I would need more information on the situation to answer the remainder of your question.
    Answer Applies to: Michigan
    Replied: 11/26/2014
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    You probably did not object, in which case it is implied consent.
    Answer Applies to: California
    Replied: 11/26/2014
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    So, you have six questions, and no intention of sitting down with an attorney for a consult, is that correct?
    Answer Applies to: Georgia
    Replied: 9/2/2015
    Walpole Law | Robert J. Walpole
    Based upon your limited fact situation, I agree with you that any evidence, i.e. contraband, that was found on this search should be excluded from any trial as a violation of your 4th Amendment right to be free of unwarranted search. This is because the alleged perpetrator has been interviewed and is apparently nowhere near the alleged location of the pot. Since and if the police officer has not met the alleged perpetrator before, he can not testify to his help and truthfulness in the past and therefore the police officer should not believe he has probable cause to search, apparently as you say, the whole house. I can not tell from your fact situation whether you 'consented' to a search. If you said he could, most police officers believe that gives the right to search the whole house, looking for anything. My advice is if a police officer asks if he/she can do something my advice is to say no. The officer will often then say, "well if you have nothing to hide . . .". Don't accept this on principle as it is your constitutional right to say no to an officer's request. It can not be determined form your scenario whether the officer found anything. I recommend a complaint to his police department. This may not accomplish anything in your eyes, but hopefully it will show up in his personnel file so that the next time the person charged and attorney might be able to use the officer's stretching of his right to pursue alleged criminal conduct might be helpful to correct that situation. Police departments generally want to follow the law. Good luck.
    Answer Applies to: Oklahoma
    Replied: 11/26/2014
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Your question raises a number of issues, and the devil is in the details. You should make an appointment and counsel with an attorney regarding your constitutional right regarding unreasonable search and seizure. If on the other hand, the search continued and some contraband was actually found you should be engaging in attorney for your defense as there may well be constitutional issues involved.
    Answer Applies to: Michigan
    Replied: 11/26/2014
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