Do I have a stromg case if the officers violated the 4th amendement? 10 Answers as of January 07, 2014

On December 27th, one of my roommates came in from outside, stating the cops were out front, and wanted to speak to my girlfriend. She went outside to speak with them, while I put on some shoes. When I got outside, an officer had my girlfriend in back of a police car, so I asked him what the problem was? He stated that my girlfriend was on probation and part of the terms when she was released from prison, was that she would give up her 4th amendment right, allowing the police to search her place of residence upon request, therefor they would like to search our home. I politely informed the officer that she was not living at my house, she was a guest, her primary residence is and proceeded in giving him the address, and therefor do not wish to allow them to search my house. He then stated, she had said she lived her, which I later found was a lie, but being that this wasn't her home, stuck to my story, stating she did not live here, she was only a guest, and do not wish him to enter my house under any circumstances. After a few minutes, the officer began to get upset. He then stated if I make him get a warrant, he will lock all of us out of the residence, and bring 15 officers over and tear our house apart. He then said its our choice? I once again stated I do not and will not allow him to come into my house under any circumstance and I am protected by the 4th amendment right. He chuckled stating "you think you know the law." Put your hands behind your back, you appear to be under the influence." He walked me to his car placed me in his car, and stated "because I believe you are conducting illegal activity in your house, and that you are under the influence, I will be searching your home." Now I had 6 officers at my house, 4 went inside 2 in the garage. After about an hour, the officer came to the car and stated he found drugs hidden in a bedside table where my girlfriends purse was located, and that she was being placed under arrest.

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Michael Breczinski
Michael Breczinski | Michael Breczinski
The search sounds clearly illegal. He should have gotten a warrant. Get a lawyer and have the results of the search suppressed.
Answer Applies to: Michigan
Replied: 1/7/2014
Law Offices of Nicholas M. Loncar
Law Offices of Nicholas M. Loncar | Nicholas M. Loncar
Unless you were also arrested, the relief for the Fourth Amendment violation would belong to your girlfriend. Consult with some local criminal defense attorneys to figure out how to best proceed. Excellent job asserting your rights! Even though they were still violated, you preserved an opportunity to assert them in court.
Answer Applies to: California
Replied: 1/3/2014
Ascheman & Smith | Landon Ascheman
Yes, your girlfriend can absolutely challenge the search of your home. She should get an attorney as soon as possible.
Answer Applies to: Minnesota
Replied: 1/3/2014
Charles M. Schiff, Attorney at Law
Charles M. Schiff, Attorney at Law | Charles M. Schiff
This is an issue that needs to be raised in the context of defending against a criminal charge. You do not state whether you are charged with an offense. If so, by all means raise the issue. Your girlfriend may also be able to raise the issue as part of her case. She needs to establish that the police violated her constitutional rights, not yours.
Answer Applies to: Minnesota
Replied: 1/3/2014
Natty Shafer Law
Natty Shafer Law | Nathaniel Shafer
Yes, you have a strong defense to any charges brought against you. You should be able to prevent any evidence seized from being used against you. Your girlfriend has a different situation. She needs her own attorney and suppression may be tricky for her case.
Answer Applies to: Utah
Replied: 1/3/2014
    Jefre S. Goldtrap
    Jefre S. Goldtrap | Jefre S. Goldtrap
    From the facts, as you state them, there seems to be a serious issue of search. Such a problem creates the need for a motion to suppress the evidence when the matter comes to court. Are they charging you with the drugs or your girlfriend? If your girlfriend is on probation she does waive the right to search by warrant but you being the homeowner and contending she does not live there may be an issue for the state. If they charge you with the drugs they certainly have a search problem.
    Answer Applies to: Tennessee
    Replied: 1/3/2014
    Connell-Savela
    Connell-Savela | Jason Savela
    Those are some good facts for both you and her.
    Answer Applies to: Colorado
    Replied: 1/3/2014
    Law Office of Edward J. Blum
    Law Office of Edward J. Blum | Edward J. Blum
    Yes. That's a very good fourth amendment claim. It is also a very good civil rights action against the cops.
    Answer Applies to: California
    Replied: 1/3/2014
    TAMBASCO & ASSOCIATES, P.C. Attorneys at Law | R. Tambasco
    Yours is a very interesting scenario. It would appear that if the facts are correct, that the officer went out of his way to create an uncomfortable and stressful situation for the purposes of reprisal. That said, the question will be whether girlfriend was in fact living there or not. If not, then it would seem that a violation of the 4th amendment has not only taken place but one of false imprisonment. So any contraband found if it were there to begin with should be suppressed.
    Answer Applies to: Indiana
    Replied: 1/3/2014
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    IF the police officers testify to the same facts (which I seriously doubt) at the motion to suppress hearing, then all of the contraband/drugs will be thrown out.
    Answer Applies to: Georgia
    Replied: 1/3/2014
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