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Is this legal and what can be done? A little over a month ago the police and some people dressed in green bused down my moms

Columbus, GA |
Filed under: Civil rights

door and said they was here on an extended search warrant. While they had me, my mom, and my three year old son on the ground with 5 shoot guns in are face, I asked to see the search warrant. One of the officers told me " NO don't worry about that we got one". They told me and my mom that all we had to do was go talk to the detectives and that was it, well that was a lie they put both of us in jail. But the whole reason why they bused down the door was because of my babys father and he wasn't even there at the time. My mom got out of jail 48 hrs later and I got out 3 weeks later and when I got home the search warrant was in my property and it wasn't there when I signed off on what was put in there. Also to add they never knocked on the door or said who they was till they was in the house

Once I spoke to my child's father he said the police told him that they was here on a narc. search warrant that wasn't what me and my mom was told. Plus before they took us to jail they put me in hand cuffs and put me and my 3 yr old son in the back of a police car. Once I looked at the search warrant it only had my child's fathers name on it and no one else, and the evidence return letter that put in my property as well said they took everything out the house at 7:20 at night but they bused down the door at 7:20 that night. Last but not least the house they came into was my moms house not mine. So why did they put the search warrant in my property and not hers?

Attorney Answers 2

Posted

From what you describe it sounds like the police believed they had evidence of a crime being committed in the home or were search for your baby's father. However, not enough facts have been provided such as whether or not your baby's father had an outstanding warrant, was known to be involved in drugs etc.

The above is just my opinion based upon the limited facts provided. It is not intended to be offered as legal advice nor is it intended to establish an attorney client relationship. You should seek a consultation either in person or over the phone to discuss any legal issue that you may have raised.

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Posted

I had a little trouble following your post here. There are several things you should be aware of that apply to police power to execute a "no knock" search warrant or arrest warrant. First, the police must have a separate search warrant issued by a magistrate and supported by probable cause to enter the home of a third party for the purpose of executing an arrest warrant on a person who is not an owner/resident of that home. If your baby's father did not reside in the home (or the police did not have a good faith belief that he was a resident), they needed a SW to enter (unless one of several exceptions to the warrant clause applied, i.e. exigent circumstances).
What doesn't make sense from your post is why either you or your mother would go to jail, unless you committed a crime in the officer's presence while they were executing the SW or the officers found drugs or other illegal contraband in the house.

Our law firm specializes in criminal defense and civil police misconduct cases. If you would like to discuss this matter further, please do not hesitate to contact us.

This response is provided for informational purposes only. It is not a consultation and is not legal advice. You should not act or fail to act in reliance upon the information provided in this response. This communication does not establish an attorney-client relationship between you and our Firm. You should always consult with an attorney prior to taking any action with regard to a potential legal problem.

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